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
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