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HomeMy WebLinkAbout04/30/2007 Council Meeting Minutes APRIL 30, 2007 Minutes of a regular meeting of Council held on April 30, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 8:52 p.m. Director of Community Services, J. Caruana, attended until 8:52 p.m. Director of Planning Services, D. Crome Parks Supervisor, B. Genosko, attended until 8:52 p.m. Solicitor, D. Hefferon Director of Corporate Services, M. Marano, attended until 8:52 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:52 p.m. Fire Chief, G. Weir, attended until 8:52 p.m. Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated he would be stating a pecuniary interest with respect to Item 5 of Report #1. Mayor Abernethyindicated he would be stating a pecuniary interest with respect to Correspondence Item D - 13. Council Meeting Minutes - 2 - April 30, 2007 MINUTES Resolution #C-225-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on April 16, 2007, and the minutes of a special meeting of Council held on April 23, 2007, be approved. “CARRIED” PRESENTATIONS Trevor Pross, Coordinator, Children’s Services, Clarington Public Library, addressed Council regarding the “Battle of the Books” Competition which took place on April 16, 2007. Mr. Pross outlined details of the competition in which teams of six elementary school-aged students read 42 books and then competed against each other on the content and characters of the books. Mr. Pross advised the team from Lydia Trull Public School was the winner of the Clarington competition and went on to win fourth place against five other Durham Libraries. Mr. Pross expressed appreciation to the students and parents for their hard work and thanked Ms. Roozenboom, their teacher, for efforts in coaching the students. Mayor Abernethy presented Certificates of Achievement to the following students from Lydia Trull Public School, the 2007 Clarington Junior “Battle of the Books” Competition Winning Team Members: Devon Singh, Erin Slater, Catherine Marsh, Jessica Cearns, Alyssa Hargrove, Colin Swan, and Amy Madill. Mayor Abernethy acknowledged Emma Esselink and Nuha Ali, Team Members who were not in attendance. Mayor Abernethy also presented a Certificate of Achievement to Ms. Carol Roozenboom, in recognition of her efforts in coaching the winning team for the 2007 Clarington Junior Battle of the Books Competition, hosted by the Clarington Public Library. Garry Cubitt, Chief Administrative Officer, Regional Municipality of Durham, addressed Council to report on the progress of Durham’s Community Strategic Plan, adopted by Regional Council on July 9, 2003. Through use of a PowerPoint presentation, Mr. Cubitt highlighted the three phases of the Plan including developing a community profile, gathering information, generating a draft vision and broad objectives, and reviewing the draft with the community. Mr. Cubitt advised that following the drafting of the first plan and vision, all participants were provided with the opportunity for feedback and through the process, the Community Strategic Plan Vision was developed with six key principles immerging. Mr. Cubitt highlighted the six principles as follows: to strengthen and integrate the transportation system, to protect Council Meeting Minutes - 3 - April 30, 2007 and enhance the environment, to ensure balanced growth and livable communities, to support safe, healthy and caring communities, to build the Region’s economy and to increase partnerships and government effectiveness. Mr. Cubitt reported on the progress achieved in implementing the Plan, noting that the Plan is a central part of the business of the Region and is a measure of how the Region is meeting the needs of area residents through effective and efficient service delivery. Mr. Cubitt summarized by stating that the plan is a “living” document and as part of the commitment to residents, it will continue to be reviewed to ensure it reflects current priorities. All Members of Council were provided with a copy of the “Growing Together – Durham’s Community Strategic Plan” document. Resolution #C-226-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Ron Worboy be added to the list of delegations to address Council concerning a confidential legal matter. “CARRIED” DELEGATIONS David Kelly, Chair, Clarington Accessibility Advisory Committee, addressed Council concerning Correspondence Items D - 7 and D - 16. David Kelly advised the Clarington Accessibility Advisory Committee reviews site plan agreements as a part of their mandate and as such, reviewed a plan for the conversion of a full service gas station to self-service gas bar. As part of the review, the Committee contacted several Corporate Head Offices in the industry and were advised that there were no accessibility plans to be implemented for self-service gas stations but that attendants were available to pump gas at self-service prices for those who were unable to do so. Mr. Kelly felt a message must be sent to the Provincial Government that all services in Clarington must be accessible and that residents of Clarington must have the right to use whatever services they have available to them. Mr. Kelly urged Council to support the Committee’s resolution to petition the Federal and Provincial governments to ensure that all gas stations provide one full-service pump at the same price as the self-service pumps. Mr. Kelly also addressed Council requesting staff to investigate alternate methods of applying sidewalk expansion joints during the construction of new sidewalks in Clarington. He noted the current system is very bumpy and causes jolting to persons who use wheelchairs and scooters. Council Meeting Minutes - 4 - April 30, 2007 Carol Davidson, Chair, Bowmanville-Clarington Performing Arts Committee, addressed Council concerning a proposal to change the existing use of part of the historic town hall building at 40 Temperance Street, now housing municipal offices and Council Chambers, to a Bowmanville (Clarington) Centre for the Performing Arts. Ms. Davidson provided information on the historical and architectural significance of the building noting the proposal would return the town concert hall to its original function and provide a venue for many theatre arts programs, enhance activities for seniors and youth and keep Bowmanville’s downtown core alive and vital. Ms. Davidson stated the financing for the restoration could be sought from interested citizens, service clubs, businesses and Provincial and Federal government heritage and cultural grants. Ms. Davidson noted Clarington is one of the fastest growing communities and the municipal offices will eventually out-grow the current building. She submitted a petition containing 975 signatures in support of reclaiming the concert hall at 40 Temperance Street. Megan Knight, Anton Van Der Ven, Jennifer Carmelo and Madison Stange from Clarington Secondary School addressed Council concerning a climate change project. Megan Knight advised she and Linnaea Sears, who was not available to attend tonight, partnered on a project concerning the issue of hydro consumption in grocery stores. She stated the use of energy-efficient light bulbs will limit the amount of energy consumed and demonstrated an energy-efficient light bulb. Megan highlighted ways in which businesses can reduce energy consumption simply by turning down their thermostats a few degrees, maintaining heating and air-conditioning units and installing specialized Reflecktor roof coating, a substance that will decrease the absorption of the sun’s energy by rooftops. Megan Knight stated her target audience was for grocery stores but noted that any business could help the environment by saving energy. Anton Van Der Ven addressed Council stating today’s society has an unquenchable thirst for energy and that gas emissions are the price it pays. Anton Van Der Ven highlighted how being environmentally active and friendly would not be detrimental to residents and that the use of energy efficient sources would aid in environmental advancement. Anton Van Der Ven outlined the importance of instituting a system to convert carbon dioxide into oxygen to reduce oxygen deficit. Anton Van Der Ven highlighted ways in which business owners and residents could implement small lifestyle changes such as carpooling and planting greenery that would help cycle carbon dioxide out of the atmosphere, reduce emissions and save the planet. Councillor Novak urged students to become involved in the process surrounding the Energy-from-Waste proposal. Council Meeting Minutes - 5 - April 30, 2007 Resolution #C-227-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the rules of procedure be suspended to allow for the delegation to continue beyond the ten minute limit. ”CARRIED” Jennifer Carmelo addressed Council on the need for business owners to use technology to advertise and make use of local resources. She stated localization, the means of centralizing products and amenities to be produced on a local basis, would result in a more reliable and stable economy, a healthier environment and a sustainable future by reducing the need to ship goods which contribute to local and global environmental issues. Through use of a PowerPoint demonstration, Jennifer Carmelo provided steps towards a solution such as an online networking website for local businesses of Clarington including possible features of individual accounts for business owners, advertisements, on-line retailing and education. Madison Stange addressed Council concerning the use of plastic bags for store purchases stating the bags are a major environmental issue as they take 500 years to break down. As part of her project, Madison Stange suggested Bowmanville grocery merchants could use and sell cloth bags which could be re-used and would provide an opportunity for merchants to advertise their business and services. Madison Stange advised of the initiative of Leaf Rapids, Manitoba where plastic bags have been banned resulting in potential savings of approximately $50,000 per year. She noted everyone can help the environment by doing small things. Libby Racansky addressed Council regarding Correspondence Item D - 9 and advising of a notice residents of the Hancock Neighbourhood received from the developer regarding well monitoring. She stated area residents’ wells and wetlands are located on the same aquifer and that monitoring of groundwater levels also needed to be done. Ms. Racansky expressed concern that the notice she received required her consent to authorize Golder and Associates to have access to her well at any time and to various other information regarding her well. She expressed reservations with the appointed firm and requested Council to mediate between the developer, the Planning Services and the Engineering Services Departments. Ms. Racansky also felt it was imperative that the well monitoring and protection of ESA’s be demonstrated prior to servicing, and that Council ensure the developer abides by the decisions. Council Meeting Minutes - 6 - April 30, 2007 Ms. Racansky also expressed concern that residents of the Hancock Neighbourhood have no idea and have had no input on what is happening with lands located directly next to theirs and want to be involved in the process. Ms. Racansky requested staff to cooperate and inform residents on the development in the Hancock Neighbourhood and to resolve monitoring, OMB decisions and conditions issues. Resolution #C-228-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Ron Worboy be referred to the end of the agenda to be considered during the “closed” session of Council. “CARRIED” COMMUNICATIONS Resolution #C-229-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 8, I - 12, and I - 13. “CARRIED” I - 1 Minutes of the Clarington Heritage Committee dated March 20, 2007. A01.CL I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory A01.SA Committee dated April 10, 2007. I - 3 Minutes of the Ganaraska Region Conservation Authority dated A01.GA March 15, 2007. I - 4 Minutes of the Clarington Accessibility Advisory Committee dated A01.CL April 3, 2007. I - 5 Kim Coates, Clerk, Township of Scugog, forwarding correspondence C10.GE to the Honourable John Gerretsen, Minister of Municipal Affairs & Housing, advising that on March 26, 2007, the Township of Scugog endorsed Clarington Council’s resolution concerning the passage of Bill 172, The Municipal Amendment Act (Direct Election of the Regional Council Chair) 2006. Council Meeting Minutes - 7 - April 30, 2007 I - 6 Councillor April Cullen, Chair, Durham Advisory Committee on S04.GE Homelessness, Region of Durham, forwarding correspondence to the Honourable George Smitherman, Minister of Health, requesting the Province to reconsider its decision to cut funding to critical mental health crisis services provided through Lakeridge Health and Pinewood. Without such essential services, the Region’s most vulnerable population with addiction and mental health-related illnesses may require hospitalization or incarceration, resulting in even greater financial burden to the Region and the Province. I - 7 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that L11.GE on March 26, 2007, the Township of Uxbridge passed the following resolution pertaining to Bill 172: “THAT the Council of the Township of Uxbridge support the Municipality of Clarington’s Resolution opposing the passage of Bill 172 the Municipal Amendment Act.” I - 9 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of F11.GE Clarington, thanking Council for providing the Agency with a grant of $2,000 that has enabled them to continue to deliver high quality mentoring programs to the children of Clarington. I - 10 Donna Cansfield, Minister of Transportation, responding to Council’s L11.GE endorsement of the Township of Lanark Highlands’ resolution regarding all-terrain vehicle use on public highways, and advising that in response to concerns addressed by a number of municipalities with respect to Regulation 316, of the Highway Traffic Act, the Ministry of Transportation has initiated a review of all legislation, regulations and policies relating to off-road vehicles in Ontario and that Clarington’s support for this resolution will be considered as part of the review. I - 11 Donna Cansfield, Minister of Transportation, responding to Council’s L11.GE endorsement of the Town of Newmarket’s resolution regarding fluorescent yellow-green school signs, advising the Ministry will expand the recognition of the fluorescent yellow-green school sign in its Ontario Traffic Manuals and Regulation 615 as a result of the expanding use of the signs in Ontario and the adoption of the colour as a national standard by the Transportation Association of Canada. Changes to the Ontario Traffic Manuals will be made in the next printing; however, municipalities are permitted to use the yellow- green school zone and warning signs immediately. Council Meeting Minutes - 8 - April 30, 2007 I - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council C10.GE that on April 18, 2007, the Region of Durham passed the following resolution pertaining to the Region’s quarterly report on Planning Activities: “THAT Report #2007-P-32 of the Commissioner of Planning be received for information; and THAT a copy of Report #2007-P-32 of the Commissioner of Planning be forwarded to all Durham area municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information.” I - 15 Debi Bentley, City Clerk, City of Pickering, advising Council that on C10.GE April 16, 2007, the City of Pickering passed the following resolution pertaining to notice and advance payment for services of Paid-duty officers: “THAT Corr. 19-07 from the Deputy Clerk, Municipality of Clarington advising Council that at a meeting held on March 26, 2007, the Council of the Municipality of Clarington adopted a resolution with respect to the payment of services of paid-duty officers be received for information.” I - 16 George S. Graham, Clerk-Administrator, Township of Brock, P17.GE forwarding correspondence to the Durham Regional Police Services Board advising the Township of Brock has endorsed Clarington Council’s resolution concerning notice and advance payment for services of paid-duty officers, and requesting the Police Services Board to immediately rescind the policy and return to the previous practices. I - 8 Doug W. Hately, writing to Bev Oda, MP in response to the reply T00.GE received from Luc Bourdon, Director General of Rail Safety, Transportation Safety Board, regarding Clarington Council’s 2003 request to lower the speed of freight trains carrying dangerous goods through Clarington; expressing concern that Mr. Bourdon’s response did not address the problems of poor maintenance and safety practices that have caused recent derailments; and, requesting measures be taken to ensure that Clarington residents are subject to the same safety considerations as the rest of the GTA. Council Meeting Minutes - 9 - April 30, 2007 Resolution #C-230-07 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Council endorse the position of Doug W. Hately, regarding the lowering of speed of freight trains carrying dangerous goods; and THAT Bev Oda, MP, Luc Bourdon, Director General of Rail Safety, Transportation Safety Board, and Doug Hately be advised of Council’s decision. “CARRIED” I - 12 Dan Remollino, P. Eng., Senior Project Manager, 407 East T05.HI Environmental Assessment, providing an update on the 407 East Environmental Assessment (EA) Study advising the Project Team is in the process of evaluating the short listed routes based on a comprehensive list of factors including impacts to the natural, social, cultural and economic environment as well as an evaluation of noise, air quality, traffic and other impacts to distinguish between route options; enclosing a map showing the refined short list of route alternatives and their latest study schedule; and, encouraging attendance at their upcoming third round of Public Information Centres planned for late June/early July 2007. Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 12 from Dan Remollino, P. Eng., Senior Project Manager, 407 East Environmental Assessment, be received for information. “CARRIED” I - 13 Kathryn McCann, Commissioner of Corporate Services/Treasurer, T08.GE Acting Clerk, Township of Scugog, forwarding a copy of their staff report OPS-2007-10 and Committee minutes regarding speeding concerns on Old Scugog Road in the vicinity of the Community of Burketon. Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 13 from Kathryn McCann, Commissioner of Corporate Services/Treasurer, Acting Clerk, Township of Scugog, be received for information. “CARRIED” Council Meeting Minutes - 10 - April 30, 2007 CORRESPONDENCE FOR DIRECTION Resolution #C-231-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 6, D - 7 and D - 9 to D - 17, inclusive. “CARRIED” D – 1 Garth Gilpin, Secretary-Treasurer and General Manager, C12.GE Bowmanville Business Centre, advising that the Board Management A01.BO appointed Mark Hawkins as its representative to both the Highway 407 Committee and the Clarington Board of Trade. (Appointed and appropriate by-law be passed) D - 2 Cheri Smith, Coordinator, Community Relations & Volunteers, M02.GE Community Living Oshawa/Clarington – The Clarington Project, requesting the Community Living Flag be raised at Town Hall for the month of May, in support of Community Living Oshawa/Clarington and The Clarington Project. (Request to fly Community Living Flag at Town Hall for the month of May approved) D - 3 Margaret Foster, Secretary, Cobourg Highland Games, requesting M02.GE approval to place 18” x 24” lawn signs in various public locations in Clarington to promote the 43rd Annual Cobourg Highland Games to be held on Saturday, June 23, 2007. (Request endorsed) D - 4 Derryn V. Gill, Chair, Board of Directors, Spina Bifida & M02.GE Hydrocephalus Association of Ontario, requesting Council to proclaim the month of June as “Spina Bifida and Hydrocephalus Awareness Month” in Clarington to help raise awareness of the many challenges brought on by these serious, disabling conditions. (Proclaimed) Council Meeting Minutes - 11 - April 30, 2007 D - 5 Mike Colle, Minister, Ministry of Citizenship and Immigration, M02.GE forwarding a nomination form and information outlining details of the selection process for the Lincoln M. Alexander Award 2007, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 8 Dominic Vetere, Dom’s Auto Parts, forwarding information on the P09.GE Municipality of East Gwillimbury’s licensing policies regarding salvage yards, articles on the certification of the recycling industry and requesting to meet to discuss a certification program for Clarington. (Correspondence referred to the Municipal Clerk) D - 6 Eleanor Collier expressing concern with Council’s decision to replace R05.GE the existing volleyball courts and construct a skateboard park at the Courtice Community Complex as she fears there will be increased noise, garbage, and vandalism; stating as a senior, she will not benefit from the expense of a ½ million dollars for the park and would have preferred Council to approve the hospital funding request instead; and, requesting Council to reconsider the location of the park and to locate it on the south site as a more appropriate location. Resolution #C-232-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 6 be referred to the Director of Engineering Services. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-233-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the foregoing resolution be amended by adding ‘and to the Manager of Park Development’. “CARRIED” Council Meeting Minutes - 12 - April 30, 2007 The foregoing resolution #C-232-07 was then put to a vote and CARRIED AS AMENDED. D - 7 David Kelly, Chair, Clarington Accessibility Advisory Committee, T05.GE advising Council that the Clarington Accessibility Advisory Committee, at a meeting held April 3, 2007, passed the following resolution: “THAT the Director of Engineering Services be requested to investigate an alternative method of applying sidewalk expansion joints during the construction of new sidewalks in the Municipality of Clarington.” Resolution #C-234-07 Moved by Councillor Hooper, seconded by Councillor Trim THAT Correspondence Item D - 7 be referred to the Director of Engineering Services. “CARRIED” D - 9 Libby Racansky expressing concern that provisions of Bill 26, Strong D12.HE Communities, have not been adhered to with respect to the Headgate application within the Hancock Neighbourhood; that according to Bill 26, the planning process should be accessible and information be available to residents so they may be involved in the process to design sustainable, healthy communities; and, requesting to be part of the process to plan the Hancock Neighbourhood. Resolution #C-235-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 9 be referred to the Director of Planning Services. “CARRIED” D - 10 J. D. Leach, City Clerk, City of Vaughan, advising Council that the C10.GE City of Vaughan, at a meeting held April 2, 2007, passed the following resolution: “WHEREAS many seniors living in our communities have expressed concerns over property taxes for many years due to their limited ability to pay; and Council Meeting Minutes - 13 - April 30, 2007 WHEREAS most seniors live on fixed incomes or very limited adjustments; and WHEREAS a large portion of property tax is not related to municipal service costs, primarily the Education and Social Service component; and WHEREAS seniors have already contributed immensely to the well being of our community; and WHEREAS seniors desire to live in the home they worked for or be able to afford to pay rent; THEREFORE BE IT RESOLVED That the Provincial Government pass legislation to rebate the Education portion of residential property taxes, or a portion of the rental expenses for seniors, in a similar fashion to Bill 43 which was introduced on June 26, 2003, then refused; THEREFORE BE IT FURTHER RESOLVED That a copy of this resolution be forwarded to the Premier of Ontario Dalton McGuinty, the Honourable Greg Sorbara, Minister of Finance, Mario G. Racca, M.P.P. (Thornhill), local Members of Provincial Parliament, Leader of the Progressive Conservative Party, John Tory, Leader of the New Democratic Party, Howard Hampton, the Association of Municipalities of Ontario, the Regional Municipality of York, all Municipalities with a population over 50,000 in the Province of Ontario and all Seniors Groups in the City of Vaughan.” Resolution #C-236-07 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D – 10 be received for information. “CARRIED” D - 11 Ron Milne voicing strong objection to the issuance of a permit to M02.GE allow the march of an Orange Parade in Newcastle last July and requesting that a future march not be permitted in Clarington. Council Meeting Minutes - 14 - April 30, 2007 D - 12 Gary Cole, District Master, West Durham District L.O.L., requesting M02.GE Council to declare the week of July 6 to 13, 2007, as “Orange Week” in Clarington; requesting permission to hold a parade in the village of th Orono on July 7 and requesting that the Canadian Orange Standard flag be flown at the Municipal Administrative Centre in Bowmanville during the week. Resolution #C-237-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Items D - 11 and D -12 be referred to the Municipal Clerk for a review and report on the municipal policy related to parades and flag raisings to determine appropriate occasions to be acknowledged. “CARRIED” Councillor Trim chaired this portion of the meeting. Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 13 as it relates to his Election Campaign Expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. D – 13 Ron Webb submitting a formal request to have the Election Financial C07.AB Returns of Mayor Jim Abernethy audited as per the Municipal Elections Act. Mr. Webb highlights various issues which he believes give conclusion to a need for an audit to ensure that democracy has not been compromised. Resolution #C-238-07 Moved by Councillor Foster, seconded by Councillor Robinson “THAT the request for a Compliance Audit of the election financial returns of Mayor Jim Abernethy, as requested by Mr. Ron Webb, be granted; THAT Hobb and Company be appointed as the auditor to conduct the Compliance Audit; and THAT Ron Webb and Hobb and Company be advised of Council’s decision.” “MOTION CARRIED ON THE FOLLOWING RECORDED VOTE” Council Meeting Minutes - 15 - April 30, 2007 Council Member Yes No Declaration of Pecuniary Interest Mayor Abernethy v Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Woo v Councillor Trim v D - 14 Sandra Kranc, City Clerk, City of Oshawa, advising Council that the C10.GE City of Oshawa, at a meeting held April 10, 2007, passed the following resolution: "That whereas the residents of Durham support Premier McGuinty's demand for fair healthcare funding for Ontarians based on a per capita basis and his view that 'Justice delayed is justice denied. . . what's best is that we're treated the same as all Canadians'; and, Whereas the Ministry's own Peer Review demonstrated that Lakeridge Health is among the top 25% of hospitals in Ontario in efficiency, even when compared to single site hospitals; and, Whereas Minister Smitherman's Ministry clearly ordered Lakeridge Health not to ' . . . initiate new programs or expand existing programs without a sound business case; a clearly articulated internal financing plan; or without funding provided specifically for this purpose'; and, Whereas Local Health Integration Networks were reportedly created to ' . . . give LHINs the tools they need to plan, co-ordinate and fund health care services in their communities', and that decisions about how health services are delivered are to be made locally and 'allow local communities to participate in this conversation'; and, Whereas the recent provincial budget has identified additional funding to expand addiction treatment programs ($7 million) and children's mental health ($8 million); and, Whereas Lakeridge Health Addictions and Mental Health Services, and their community-based partners, have provided exceptional care to patients and their families while each currently have extensive waiting lists for services; and, Council Meeting Minutes - 16 - April 30, 2007 Whereas the Chief of Police has stated that 'The effects of any total funding withdrawal in this type of program would be, in my view, immediate and negative', and that 'If we are to have alternatives to arrest these programs [Addictions] are vital'; Be it resolved by Oshawa City Council that consistent with the Premier's support of per capita funding, that the Ministry of Health also recognize that the residents of Durham have been the subject of provincial health and social services funding discrimination and that the Ontario government immediately reverse per capita funding gaps, beginning with the $8 million in cuts ordered to Lakeridge Health; and further, That Minister Smitherman make public his Ministry's own 'sound business case' (including wind down costs (e.g. lay-offs, severances, leases etc.); start-up costs (hiring, new space, administration etc.); quality of care considerations; experienced and able partners prepared to accept the services, and; sufficient and sustainable funding to maintain current services etc.) in ordering funding cuts to mental health and addictions programs at Lakeridge Health and his proposal to transfer those services to other agencies; and further, That on April 1, 2007 when they take over funding responsibility for local health care services the City of Oshawa respectfully requests the Central-East LHIN immediately suspend the Minister's decision to cut funding to Lakeridge Health (including mental health and addictions services) and begin meaningful, open consultations with patients, families, staff, physicians, police and ambulance, other partners and communities affected by the Minister's decision; and further, That this resolution be considered by Durham Regional Council and sent to the Councils from the Town of Whitby, Municipality of Clarington, Township of Scugog, and Township for Brock for support." Resolution #C-239-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the City of Oshawa concerning funding cuts to Lakeridge Health be endorsed. “CARRIED” Council Meeting Minutes - 17 - April 30, 2007 D - 15 Glen R. Knox, County Clerk, County of Simcoe, advising Council that C10.GE the County of Simcoe, at a meeting held March 1, 2007, passed the following resolution: “WHEREAS, the Liberal party promised during the 2003 election campaign to increase funding to long term care homes by $6,000 per resident per annum; WHEREAS, a request in 2005 to increase funding in the per diem of $11.19 for direct care and services to residents was only increased in the 2006/07 budget by $1.07; WHEREAS, the combined increases since the 2003 Liberal campaign represent $2,307 or approximately one third of the government's $6,000 promise; AND WHEREAS, significant investment is needed now to meet the immediate needs of residents; NOW THEREFORE, BE IT RESOLVED that the Council of the County of Simcoe urge this government to increase the funding per diem to residents of Long Term Care Homes in the fiscal year 2007- 2008 by $3,693 per resident, thereby fulfilling its election promise made in 2003; AND THAT a copy of this resolution be forwarded to the Western Warden's Caucus and municipalities province wide.” Resolution #C-240-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the resolution from the County of Simcoe concerning funding for long- term care homes be endorsed. “CARRIED” D - 16 David Kelly, Chair, Clarington Accessibility Advisory Committee, L11.GE advising Council that the Clarington Accessibility Advisory Committee, at a meeting held April 3, 2007, passed the following resolution: “WHEREAS all Canadians should have equal access to goods and services; Council Meeting Minutes - 18 - April 30, 2007 AND WHEREAS the purpose of the Accessibility for Ontarians with Disabilities Act, 2005, is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieveaccessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025; AND WHEREAS the Municipality of Clarington is currently experiencing a large number of full-serve gas stations being converted to self-serve stations; AND WHEREAS persons with disabilities experience great difficulty with, or are unable to access self-serve gas stations, thereby having to drive in some cases many kilometres out of their way to find a full- serve gas station; AND WHEREAS persons with disabilities are sometimes penalized by having to pay a higher cost for the full-serve gas: NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington urge the Prime Minister of Canada and the Premier of Ontario to review this matter with the goal of ensuring that all gas stations provide at least one full-service pump at the same price as the self-service pump; and THAT this resolution be forwarded to Bev Oda, MP, John O’Toole, MPP, and to the Regional Municipality of Durham and the area municipalities for endorsement.” Resolution #C-241-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Clarington Accessibility Advisory Committee concerning accessibility of gas stations be endorsed. “CARRIED” D - 17 Inky Mark, M.P., Dauphin-Swan River-Marquette, advising on L11.GE March 26, 2007, he introduced a Private Member’s Bill in the House of Commons that would see the creation of a Memorial Wall for Canada’s fallen soldiers and peacekeepers and requesting Council’s support for the initiative by passing a resolution as follows: Council Meeting Minutes - 19 - April 30, 2007 “WHEREAS Canada has yet to properly honour, in a suitable location that is always accessible to the public, the NAMES OF ALL OF OUR FALLEN in wars and peacekeeping; AND WHEREAS over 115,000 Fallen have their graves in seventy- three countries and hundreds of cemeteries; AND WHEREAS their remains, by law, cannot be repatriated to Canada; AND WHEREAS we must create a suitable national shrine to our fallen; AND WHEREAS proper recognition will show our gratitude and respect for their sacrifice; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington request that the Government of Canada enact Private Members Bill C-417, the Canadian Soldiers’ and Peacekeepers’ Memorial Wall Act.” A petition form to collect signatures in support of this legislation was also enclosed. Resolution #C-242-07 Moved by Councillor Woo, seconded by Councillor Foster THAT the resolution forwarded by Inky Mark, M.P. regarding the creation of a Memorial Wall for Canada’s fallen soldiers and peacekeepers be endorsed. “CARRIED” Mayor Abernethy chaired this portion of the meeting. MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report April 23, 2007. Council Meeting Minutes - 20 - April 30, 2007 Resolution #C-243-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of April 23, 2007 be approved, with the exception of Item #5. “CARRIED” Councillor Hooper stated a declaration of pecuniary interest concerning Item #5 of Report #1 as he is the former Chair of the Bowmanville Business Improvement Area and he was involved with the Ontario Municipal Board hearing. Councillor Hooper vacated his chair and refrained from discussions and voting on this matter. Item #5 Resolution #C-244-07 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-045-07 be received; THAT the Bowmanville West Town Centre Streetscape Implementation Plan be adopted as a guide for future streetscape improvements; and THAT all interested parties listed in Report PSD-045-07 and the Regional Municipality of Durham be advised of Council’s decision. “CARRIED” Report #2 – Report CLD-017-07 – Confidential Legal Matter Resolution #C-245-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Confidential Report CLD-017-07 be tabled for two weeks. “CARRIED” Council Meeting Minutes - 21 - April 30, 2007 Report #3 – Verbal Report of the Solicitor – Legal Matter Resolution #C-246-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the verbal report of the Solicitor be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” UNFINISHED BUSINESS Resolution #C-247-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Garry Cubitt, Chief Administrative Officer, Region of Durham be thanked for his presentation on Durham’s Community Strategic Plan. “CARRIED” Resolution #C-248-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Carol Davidson be referred to the Director of Community Services. “CARRIED” Resolution #C-249-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the students of Clarington Central Secondary School be thanked for their delegations; and THAT the students be encouraged to continue with their interest in energy conservation and to track the municipality’s endeavours concerning the Energy-From- Waste proposal. “CARRIED” Council Meeting Minutes - 22 - April 30, 2007 Resolution #C-250-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT staff of the Planning Services Department and Engineering Services Department be requested to cooperate and inform residents on development in the Hancock Neighbourhood and to resolve monitoring, OMB Decision, and condition issues; and THAT Libby Racansky be advised of Council’s decision. “CARRIED” OTHER BUSINESS Resolution #C-251-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the rules of order be suspended to allow for the introduction of a motion concerning the applications submitted on behalf of AYT Corporation to permit a large- format retail complex at the northwest corner of Highway 401 and Bennett Road. “CARRIED” Resolution #C-252-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-083-06 and Addendum Report to PSD-083-06 be received; THAT paragraphs 17, 18 and 19 of Council Resolution #C-109-06, as amended, be rescinded; THAT the applications submitted on behalf of AYT Corporation to amend the Clarington Official Plan (COPA 2004-007) and to amend the Municipality’s Zoning By- law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 583,600 sq. ft. of total gross floor area at the northwest corner of Highway 401 and Bennett Road be refused; THAT the Region of Durham be advised that the Municipality of Clarington recommends that the application submitted on behalf of AYT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006) be refused; and Council Meeting Minutes - 23 - April 30, 2007 THAT a notice of Council’s decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. “CARRIED” Councillor Foster advised the Zion United Church will be screening the movie ‘An Inconvenient Truth’ on May 10, 2007. Councillor Hooper stated he attended the Clarington Community Care Volunteer Appreciation event on the weekend, a well-attended affair to recognize the importance and dedication of community volunteers. Councillor Hooper extended an invitation to all to attend Maple Fest and All that Jazz on May 5, 2007 in downtown Bowmanville. Councillor Hooper advised of the end of an era in downtown Bowmanville noting Gary Cole is closing his barbershop after 47 years in business and wished Mr. Cole well in his retirement. Mayor Abernethy stated the Bowmanville Agricultural Society hosted the Region 17 Annual Meeting at Faith United Church on Saturday with over 100 members in attendance. Councillor Novak stated she joined the Ontario Power Generation and the Courtice High School in a clean up on the Millennium Trail last Saturday. Councillor Woo advised that he attended a meeting on Thursday night at Tyrone Hall which highlighted photographer Neil Newton. Councillor Woo stated he attended the “Lose Your Locks Event” held Sunday, April 29, 2007, at the Garnet Rickard Complex where more than 100 girls had their ponytails cut off and donated them to be woven into wigs for children suffering from cancer and who have lost their hair due to the effects of chemotherapy. Councillor Hooper confirmed the “Lose Your Locks Event” raised over $25,000. Mayor Abernethy stated staff anticipate bringing forward a report on May 22, 2007, concerning Energy-from-Waste in response to Council’s direction. Mayor Abernethy advised he will be away inspecting a facility on the weekend. Council Meeting Minutes - 24 - April 30, 2007 Resolution #C-253-07 Moved by Councillor Woo, seconded by Councillor Hooper THAT the meeting be “closed” to consider legal matters. “CARRIED” The meeting resumed in open session at 10:08 p.m. Resolution #C-254-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” BY-LAWS Resolution #C-255-07 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2007-093 to 2007-98, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-093 Being a by-law to Amend By-law 2007-029, a By-law to appoint Members to the Clarington Highway 407 Community Advisory Committee 2007-094 Being a by-law to Amend By-law 2007-029, a By-law to appoint Members to the Clarington Highway 407 Community Advisory Committee 2007-095 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2007-096 Being a By-law to amend By-law 2005-109, the Zoning By-law for the Corporation of the Municipality of Clarington’s Oak Ridges Moraine Council Meeting Minutes - 25 - April 30, 2007 2007-097 Being a by-law to set out the prevailing comprehensive compensation including benefits and policies applicable to the Mayor and Members of Council, and to repeal by-laws 2005-155, 2004-264, 2004-263, 2004-033, 2004-032, 2003-179, 2002-017, 2001-124 and 94-54 2007-098 Being a By-law to authorize a lease extension agreement between the Corporation of the Municipality of Clarington and Clarington Kids inc. in respect of a lease for the premises situated at the Courtice Community Centre, 2950 Courtice Road North, Courtice, ON Resolution #C-256-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the third and final reading of By-laws 2007-093 to 2007-098, inclusive, be approved. “CARRIED” Mayor Abernethy and Councillor Hooper stated pecuniary interests earlier in the meeting, and refrained from voting on the confirming by-law. Mayor Abernethy vacated his chair and Councillor Trim chaired this portion of the meeting. CONFIRMING BY-LAW Resolution #C-257-07 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2007-099 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the th 30 day of April, 2007, and that the said by-law be now read a first and second time. “CARRIED” Resolution #C-258-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the third and final reading of By-law 2007-099 be approved. “CARRIED” '-" Council Meeting Minutes ADJOURNMENT Resolution #C-259-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting adjourn at 10:10 p.m. "CARRIED" - 26- April 30, 2007 ........ '--'