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HomeMy WebLinkAbout11/10/2008 Council Meeting Minutes NOVEMBER 10, 2008 Minutes of a regular meeting of Council held on November 10,2008, at 7:00 p.m., in the Council Chambers. Councillor Robinson led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Solicitor, D. Hefferon Director of Corporate Services and Human Resources, M. Marano Director of FinancelTreasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Item 5 of Report #1 and By-law 2008-192. ANNOUNCEMENTS Councillor Novak announced the following: . She attended the following events: o The Veterans' Service and Luncheon at the Clarington Older Adult Association on November 4, 2008 o The Ontario Power Generation Nuclear New Build Open House at the Courtice Community Complex on November 4, 2008 o The 15th Annual Charles Sauriol Environmental Dinner For The Living City On November 6, 2008 Council Meeting Minutes - 2 - November 10, 2008 o The installation of the Honourable Perrin Beatty as the University of Ontario Institute of Technology's New Chancellor on November 7,2008 o The Clarington Central Secondary School Annual Commencement on November 7, 2008 o The installation of Dr. Ron Bordessa as Chair of the Oshawa Hospital Foundation Councillor Robinson announced of the success of the Newcastle BIA Fall Festival Greek Dinner and Dance and that $2,000 had been raised in support of the Newcastle Lions Dog Walk and $2,000 for the Clarington Terry Fox Run. Councillor Hooper announced the following: . The Remembrance Day Service will be held at the cenotaph on November 11, 2008, starting at 10:30 a.m. . Christmas in the Village will be held on Friday, November 14 to Sunday, November 16,2008 in Enniskillen. . The Annual Bowmanville Santa Claus Parade will be held Saturday, November 15,2008, starting at 10:30 a.m. . On November 16, 2008, the Sarah Jane Williams Heritage Centre will host a craft and bake sale. . He attended the Clarington Older Adult Association Remembrance Day Service on November 4, 2008. . The Clarington Older Adult Association Euchre Tournament was well attended with 166 participants. . On November 26, 2008, the Village of Newcastle will host an Accessibility Challenge starting at 1 :00 p.m. . On December 1, 2008, the Canadian Pacific Railway Holiday Train will make a stop in Bowmanville. Councillor Woo advised that the Bowmanville Branch of the Clarington Public Library, in conjunction with the Visual Arts Centre of Clarington, has a new art space on the Mezzanine Level. Work by Ingrid Ruthig will be exhibited during the month of November. Mayor Abernethy advised on November 8, 2008, he attended the opening of Nexus Gallery and Custom Furniture Studio in Orono located in the former Barley Mill. The proprietors are a husband and wife who do exotic woodwork and painting. Councillor Foster announced that Whitecliffe Terrace in Courtice will also hold a Remembrance Day Service at 10:30 a.m. on November 11, 2008. Council Meeting Minutes - 3 - November 10, 2008 Councillor Trim announced the following: . Newcastle Village will hold their Annual Remembrance Day Service tomorrow morning at 10:30 a.m. . Clarington's Refuse Collection Calendar was issued this week. Councillor Trim referenced an article in the November 2008, edition of Municipal World with respect to "Building a Sustainable Community in Claresholm, Alberta". He advised that members of the public in Claresholm had guided the planning process in the same fashion as the Region of Durham had ten years previously when the Region established a Waste Management Advisory Committee to guide the process for the Region's "Long-Term Waste Management Strategy" approved by Regional Council in 1999. . Councillor Trim also referenced another Municipal World article pertaining to the farming community for recycling of bale and silage wrap and requested Councillor Robinson to refer the information to the Clarington Agricultural Advisory Committee for input. Mayor Abernethy also encouraged members of the public to review Clarington's Waste Management calendar. MINUTES Resolution #C-526-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on October 27,2008, be approved. "CARRIED" Council Meeting Minutes - 4 - November 10, 2008 PRESENTATIONS Terri McCabe, Operations Manager, Oshawa/Clarington Community Living, Jeff Ploeger and Kim Visser addressed Council to present the "Discover Clarington" Findings. Ms. McCabe advised on September 30, 2008, Oshawa/Clarington Community Living held a "Discover Clarington Day" to learn more about what the communities they serve were about. Jeff and Kim met citizens in Bowmanville, Orono, Hampton and Newcastle and conducted a survey on healthcare, employment, transportation, education, housing and recreation/leisure. Ms. McCabe stated their goal was to have a day to talk to people, share information with the Municipality, compare their survey results and determine how they can contribute to the Municipality's Strategic Plan. Ms. McCabe highlighted the results of the survey in which 200+ responses were received. She noted key comments included the need for more doctors, longer hours for clinics, keeping Clarington green; the need for more subsidized housing and lower property taxes; better transit routes and times; more factory and government jobs locally; access to post-secondary education locally and to bring Wal-Mart and new accessible recreation facilities to Clarington. Overall most respondents wanted to maintain the uniqueness of the smaller communities that make up the Municipality. Doug Anderson addressed Council conducting a PowerPoint presentation on an Alternate Approach to Waste Diversion. Mr. Anderson stated the goal is to preserve a clean environment and that his proposal will provide for it. Mr. Anderson stated near- zero waste is achievable at minimal cost to municipalities, in a timeframe far faster than the construction of an incinerator, by using existing technology and will be beneficial to the environment. Mr. Anderson stated the biggest challenge will be to get the 10-15% of the population who currently do not recycle on board. Mr Anderson provided a review of the solution which should include incentives to reduce waste and increase reuse and recycling of what remains, mandatory waste reduction/recycling for everyone, improved communication on what can be recycled and what consumers can do to reduce waste, incentives for producers and retailers to produce and sell products that are less "wasteful", maximum monetary return on recyclables, minimize air and water pollution, increase competition in the waste sector and less government involvement. Mr. Anderson advised this solution in general provides for a re-arrangement of the players, a re-evaluation of the relationships between producers, waste companies, government and consumers, and proposes a structure which can achieve the goals quickly and efficiently using existing technology. He stated this system simplifies the existing system noting everything in the proposal has been done before within a different concept. The highlights of the solution are that homeowners and businesses are individually responsible for their waste, they would contract directly with waste companies or co-ops for the handling of their garbage and that government would assume a regulatory role by setting diversion targets. Council Meeting Minutes - 5 - November 10, 2008 Mr. Anderson stated he first developed the idea several years ago and although it was met with interest by various levels of government, in all cases it was referred to staff and nothing further happened. He noted the discussion paper "Toward a Zero Waste Future for Ontario" released by the Ontario Ministry of the Environment identifies the same problems that he has identified. Mr. Anderson proposes a change to 5R's - Rethink, Refuse, Reduce, Reuse and Recycle. He acknowledged that there will still be a need to reduce residual waste. He advised the problem is that there is no incentive to recycle, the success of the Blue box program is dependent on a sense of 'civic duty', and there is little incentive for producers to produce less product. He feels waste must have a price if we are going to reduce it. Mr. Anderson provided a review of waste management from an historical perspective when residents were responsible for their own garbage up to the formation of early recycling co-ops to Ontario's Blue Box program. Mr. Anderson stated the blue box program is getting increasingly complex. He noted that if diversion is increased by 1 % per year, Durham Region can achieve zero waste by 2035 without his proposal. Mr. Anderson highlighted his proposal in which Government assumes a regulatory and licensing role, waste services will be listed separately on the tax bill at true cost, consumers will assume responsibility for the cost of disposing their waste by either using a waste recycling co-op or waste collection contractor with a default option of being assigned to a municipal contract. Mr. Anderson outlined the framework of how a Recycling Co-op would work, the markets for recyclables, and the regulatory role of government. He noted Co-ops and contractors would maintain records which are auditable to verify the level of diversion and that bar-coding would allow the automatic capture of information. Mr. Anderson stated his proposal is simpler, more transparent and less bureaucratic. The next step in the process would be to have an analysis done by a consultant with expertise in waste issues, co-operative business structures, audit procedures and the retailization of gas and electricity markets. Mr. Anderson advised it is his intent to submit the proposal to the Ministry of the Environment as part of the consultation review of the Waste Diversion Act and requested Council to support the endeavour by requesting the Ministry of the Environment to consider the proposal. Resolution #C-527 -08 Moved by Councillor Foster, seconded by Councillor Woo THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 8:53 p.m. Council Meeting Minutes - 6 - November 10, 2008 Doug Anderson responded to questions from Members of Council on his proposal for An Alternate Approach to Waste Diversion. He confirmed that he would like Council to adopt a motion advising the Region and the Province that they feel the proposal is worth pursuing and to pursue it. Mr. Anderson also confirmed that his plan has not been applied in its entirety by any municipality but that the same principles have been going on in Europe and in California. He also agreed that the system would be fragmented because of the choice it offers. He stated that shopping malls would be ideal locations to house recycling co-ops and that space would be rented from mall operators. He also confirmed that he had taken in account future population forecasts in his projections. Mr. Anderson further stated the approach is ultimately designed to drive diversion and overall is a more cost-effective way; however, he does not have the ability to do the economic modelling. DELEGATIONS Dr. Amit Sharda addressed Council concerning Item 4 of Report #1 - Minor Variance to Sign By-law 97-157. Dr. Sharda stated proper signage is essential for his patients to locate his office and he is requesting approval for the minor variance. Dr. Sharda advised currently, new patients drive right by his office and this will allow them to keep their eyes on the road. He noted building uses have changed and he feels the Municipality should keep up with the times and allow proper signage. Dr. Sharda confirmed he was satisfied with the staff report. Eric Bowman, Chair, Farmers' Festival of Lights, addressed Council concerning Correspondence Item D - 1 - Annual Parade. Mr. Bowman thanked Council, staff and other supporters, on behalf of the Farmers Festival of Lights, for their support stating the parade was developed as an annual event to bring awareness to their urban counterparts about agriculture and they hoped to do some teaching and naming of equipment with lights. Mr. Bowman indicated the Clarington Agricultural Advisory Committee is a strong supporter of the Festival of Lights and he invited Council to join in the parade. Louis Bertrand addressed Council in support of the presentation by Doug Anderson on Alternative Approaches to Waste Management. Mr. Bertrand agreed that the principle of "polluter pays" is lacking in curbside recycling and feels that by making the cost of waste management more visible to consumers it will shift the burden from municipalities to consumers and give consumers the economic incentive to recycle more. Mr. Bertrand stated once the cost of not recycling becomes visible, consumers will apply the market forces to demand better designed products. He noted the same theme is echoed in the discussion paper "Toward a Zero Waste Future for Ontario" released by the Ontario Ministry of the Environment. Mr. Bertrand feels Durham Region's pursuit of a waste incinerator is standing in the way of getting to zero waste. Council Meeting Minutes - 7 - November 10, 2008 He noted an incinerator demands a steady flow of trash which is in direct conflict with the goal of Zero Waste and should the incinerator be built, Durham Region would be out of step with the rest of Ontario. Mr. Bertrand urged Council to recommend this alternative proposal to the Region of Durham and include it as part of a submission to the Province of Ontario's review of the Waste Diversion Act. Mr. Bertrand also requested Mayor Abernethy and Regional Councillors Novak and Trim to support this proposal in their work on Regional Council and Committees. COMMUNICATIONS Resolution #C-528-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 6, I - 8, I - 9, I - 10, and I - 15. "CARRIED" I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated October 14, 2008 I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated September 18, 2008 I - 3 Minutes of the Kawartha Conservation Authority dated September 17, and October 15, 2008 I - 4 Minutes of the Ganaraska Region Conservation Authority dated September 18 and October 16, 2008 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated October 21,2008 I - 7 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Judy Lennox b) Lawrence McKeown c) Nathaniel and Matthew Ali Council Meeting Minutes - 8 - November 10, 2008 I - 11 P. M. Madill, Regional Clerk, writing to the Honourable Jim Bradley, Minister of Transportation, advising that on October 8, 2008, Regional Council adopted the following resolution pertaining to the Highway 407 East Completion Environmental Assessment - Status Update and Regional Comments on Preliminary Design and Correspondence from the Town of Whitby: "a) THAT the Highway 407 Environmental Assessment Project Team be requested to collaborate with Regional and City of Oshawa staff to determine an effective and practical design for the Thornton Road interchange; b) THAT the Highway 407 Environmental Assessment Project Team continue to investigate, in collaboration with Regional and Town of Whitby staff, the opportunity for an interchange at Cochrane Street; c) THAT the Regional and Municipal staff from Clarington continue to investigate in collaboration with the 407 project team, the continuation of Middle Road through the 407; d) THAT in the design of the West Durham Link, the Highway 407 Environmental Assessment Project Team not preclude the possible future connection of the 407 Transitway to the Lakeshore East GO facility at Lake Ridge Road; e) THAT GO Transit and Metrolinx be requested to consider the need and feasibility of a transit transfer hub at the junction of the 407 Transitway to the lakeshore East GO facility, south of the Highway 401 at Lake Ridge Road; f) THAT the Project Team include an additional road crossing at Garrard Road; g) THAT the Ministry of Transportation re-start the Highway 401 Environmental Assessment as soon as possible, so that the widening of Highway 401 between Salem Road and the West Durham Link, along with the construction of the Lake Ridge Road Interchange, is integrated and initiated with the construction of the West Durham Link by 2013; h) THAT the Project Team be requested to give the Region the opportunity to review and comment on the 2013 'opening day' scenario; Council Meeting Minutes - 9 - November 10, 2008 i) THAT the Project Team ensure that the design of the interchange at the Highway 407 MainlinelWest Durham Link protects for the provision of a freeway or arterial road extension in the future, as preliminary design work progresses; j) THAT a copy of Joint Report #2008-J-34 be provided to the Ontario Ministry of Transportation as the Region's detailed comments on the ongoing Highway 407 East Completion Environmental Assessment; and, k) THAT a copy of Joint Report #2008-J-34 be forwarded to the Area Municipalities and Conservation Authorities." 1-12 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable George Smitherman, Minister of Energy and Infrastructure and the Honourable Jim Bradley, Minister of Transportation, advising that on October 8, 2008, Regional Council adopted the following resolution pertaining to the Regional Cycling Plan: "a) THAT the Regional Cycling Plan and related policies with the following features be endorsed by Regional Council: i) The network be comprised of Regional Cycling Spines connecting key attractions, including Regional Centres designated in the Regional Official Plan, and key inter-modal facilities such as GO Stations as follows: . Taunton Road from the York/Toronto Boundary to Simcoe Street (Pickering, Ajax, Whitby, Oshawa); . BaylyNictoria/Bloor Streets from Whites Road to the Oshawa GO Station (Pickering, Ajax, Whitby, Oshawa); . Brock Road from Pickering Parkway to Old Brock Road (south) and from Old Brock Road (north) to Highway 47 (Pickering, Uxbridge); . Highway 47 from Brock Road to Elgin Park Drive (Uxbridge); . Reach Street from Main Street to Simcoe Street (Uxbridge, Scugog); . Simcoe Street from Gibb Street to Reach Street (Oshawa, Scugog); . Thornton Road from Taunton Road to Gibb Street (Oshawa): . Gibb Street from Thornton to Simcoe Street in order to connect to the future Oshawa GO station (Oshawa); . Whites Road from Bayly Street to Taunton Road; Council Meeting Minutes - 10- November 10, 2008 . Brock Road from Pickering Parkway South to Montgomery Road; and . Lakeridge Road from BaylyNictoria Streets to Reach Street; . Highway 2 from Toronto/Durham Boundary to the Village of Newcastle. ii) For Regional Roads with an urban cross section that form part of a Regional Cycling Spine, the Region would provide at its expense, a platform for the construction of a multi-use boulevard path. The cost of providing a platform would include land acquisition, utility relocation, grading and customized bridge structures. The cost of granular, asphalt, signage, markings, the provision of other amenities, and path maintenance (i.e. short term regular maintenance, ownership and long term replacement) would be borne by the area municipality in which the multi-use boulevard path is located; iii) For Regional Roads with a rural cross section that form part of a Regional Cycling Spine, the Region would provide an on road (shoulder) platform (land acquisition, utility relocation, grading and customized bridge structures) for a paved shoulder bikeway. The cost of granular, asphalt, signage, markings, and the provision of other amenities be cost shared 50/50 between the Region and respective Area Municipality in which the shoulder resides. The maintenance of the paved shoulder would be the responsibility of the Region and any costs associated with maintenance will be borne by the Region; iv) Alternatives to multi-use boulevard paths in Regional road rights-of-way (i.e. cycling lanes, signage) may be considered where such paths are deemed inappropriate or unfeasible by the Region. The cost, financial responsibility and ownership for such facilities would be determined on an individual case- by-case basis and approved by Regional Council; b) THAT the Regional Cycling Plan be forwarded to known interested stakeholders and the area municipalities for information; and c) THAT the requirements of the proposed Regional Cycling Plan be incorporated in the forthcoming 2009 Regional Road Program and appropriate Departmental Budgets; Council Meeting Minutes - 11 - November 10, 2008 d) THAT staff be requested to investigate the formation of a Cycling Advisory Committee and provide comment as to whether it should be the responsibility of the existing Durham Trail coordinating Committee or a separate committee." I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on October 29,2008, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities (July 1, 2008 -September 30, 2008): "a) THAT Report #2008-P-78 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2008-P-78 be forwarded to all Durham Area Municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information." 1-14 Bryce Jordan, MCIP, RPP, Principal, Planning Manager, Sernas Associates, writing to the Regional Planning Committee providing comments on behalf of their client Tribute Communities with respect to the "Growing Durham" process in regard to living area, employment lands and proposed corridors in Courtice. I - 16 Durham Region Health Department Influenza Program, advising the annual "Let's Beat the Flu" community vaccination campaign kicks off on November 1, 2008; and forwarding a flu vaccine myths poster and clinic schedule with a request that they be posted for public viewing to lend support to the campaign. Additional information on influenza, influenza vaccine or to access the schedule is available at www.reqion.durham.ca or by calling 1-800-841-2729. I - 17 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, advising of the release of the Provincial Municipal Fiscal and Service Delivery Review "Facing the Future Together", a joint review effort of the Province, the Association of Municipalities of Ontario and the City of Toronto. The agreement produced will better position municipalities to build vital local infrastructure and deliver important local services by reversing downloading and cuts made by previous governments. Council Meeting Minutes - 12 - November 10, 2008 I - 18 Association of Municipalities of Ontario (AMO) Member Communication dated October 29, 2008, advising of the introduction of legislation that, if passed, would ban the use of hand held electronic communications devices by drivers and allow police to fine drivers convicted of using a banned device while driving up to $500. Use of cell phones with ear pieces and fixed in-dash GPS systems would continue to be allowed as would exemptions for 911 calls on a cell phone. Police, fire department and emergency medical services personnel will be permitted to use hand-held wireless communications devices in the normal performance of their duties. Further information is available at http://www.mto.qov.on.ca/enqlish/index.html. I - 19 Constable Ronald J. Kirst, Canadian Pacific Railway Police forwarding a copy of the safety bulletin sent to residents of the Aspen Springs area as part of an education and enforcement project being conducted along the railway tracks in the neighbourhood in response to an increase in trespassing incidents across the CP Rail tracks; indicating fencing and signage are posted along both sides of the track to deter trespassing; and, advising that CP police will be working both independently and with Durham Regional Police to enforce the area between Green Road and Regional Road 57. 1-6 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to P. Madill, Regional Clerk advising that on October 27, 2008, the Town of Ajax adopted the following resolution pertaining to a review of Regional Council Composition: "WHEREAS the original composition of Council of the Regional Municipality of Durham in 1974, the 1996 "Regional Restructuring Committee Report" - and the Regional Council and Government of Ontario approvals related thereto - established representation principles that form the basis for the fair composition of Regional Council; and, WHEREAS the 2006 Statistics Canada Census and the population forecasts for Durham Region indicate that the current composition of Regional Council differs significantly from the populations of the Region's lower-tier municipalities and does not maintain the representation principles established for the fair composition of Regional Council; and, Council Meeting Minutes - 13 - November 10, 2008 WHEREAS the Town of Ajax presently has the highest population per Regional Council member in the entire Region and by 2012 is predicted to have a population/member ratio that is nearly double the average for the Region and 25% greater than any other municipality; and, WHEREAS, according to the Region's population forecasts, if this matter remains unaddressed by Regional Council the electors and taxpayers of the Town of Ajax will continue to be under-represented and disadvantaged at Regional Council for the next fifteen years, or more; and, WHEREAS the census and population forecast data indicate that other local municipalities in the Region, namely the Town of Whitby and the Municipality of Clarington, may have similar under- representation concerns; BE IT RESOLVED THAT the Council of the Regional Municipality of Durham undertake a Regional Council composition review that will consider all suitable representation options, and that this review be initiated by the end of 2008; and THAT such review be completed by 2010 in order to be effective for the 2014 municipal elections." Resolution #C-529-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the Town of Ajax pertaining to a review of Regional Council Composition be endorsed. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster '-/ Councillor Hooper '-/ Councillor Novak '-/ Councillor Robinson '-/ Councillor Trim '-/ Councillor Woo ...; Mayor Abernethy '-/ Council Meeting Minutes - 14 - November 10, 2008 I - 8 Linda Gasser writing to the Honourable John Gerretsen, thanking him for demonstrating leadership and releasing the discussion paper "Toward a Zero Waste Future: Review of Ontario's Waste Diversion Act, 2002"; advising that Durham Region residents have identified Zero Waste as a viable strategy and have requested the Region to adopt more sustainable, safer, flexible and affordable waste policies and plans; and, urging the Minister to consider holding a Zero Waste consultation session in Durham Region at a location that would also be accessible to residents of Northumberland Region, Kawartha Lakes and Peterborough. Resolution #C-530-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Linda Gasser be advised of Council's action taken in requesting the Ministry of the Environment to host a Zero Waste Public Consultation Session in Clarington. "CARRIED" I - 9 Linda Gasser writing to Alena Grunwald, Senior Projects Coordinator, Ministry of the Environment, thanking her for confirming that Zero Waste consultation sessions will be held on the Zero Waste Discussion Paper in late November/early December; advising that waste issues are a priority in the Region of Durham and that two community forums on various waste topics including Zero Waste were held in Oshawa in 2007 and 2008 which were well attended by Durham residents and others from beyond Durham; and, urging that the Ministry consider holding public sessions in central/east Durham at a location that would also be accessible to residents of Northumberland Region, Kawartha Lakes and Peterborough. I - 10 Kristin Robinson writing to Alena Grunwald, Senior Projects Coordinator, Ministry of the Environment, requesting that a Zero Waste Public Consultation be held in Durham Region as soon as possible to help educate the community and leaders about this important, viable waste initiative. Council Meeting Minutes - 15 - November 10, 2008 Resolution #C-531-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Linda Gasser and Kristin Robinson be advised of Council's action taken in requesting the Ministry of the Environment to host a Zero Waste Public Consultation Session in Clarington. "CARRIED" I - 15 Kristin Robinson highlighting a motion introduced at Regional Council by Ajax Mayor Steve Parish requesting a representation review of the composition of Regional Council to ensure fair representation by all lower-tier municipalities and questioning the rationale for Clarington's Regional Councillors' decisions in not supporting the motion. Resolution #C-532-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item I - 15 from Kristin Robinson with respect to fair representation on Durham Regional Council be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-533-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda with the exception of Items D - 4 and D - 5, inclusive. "CARRIED" Council Meeting Minutes - 16 - November 10, 2008 D - 1 Eric Bowman, Chair, Farmers Festival of Lights, thanking Council on behalf of the Farmers Festival of Lights, for support of their annual parade which provides an opportunity to bring awareness of agriculture to the urban community; and, extending an invitation to Members of Council to participate in the Farmers Festival of Lights on December 3, 2008, by joining the parade in Enniskillen at 6:00 p.m. or anywhere along the parade route to Tyrone. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 The Honourable Michael Chan, Minister, Ministry of Citizenship and Immigration, extending an invitation to participate in Ontario's volunteer recognition programs for the year 2009 by nominating volunteers for the Volunteer Service Awards (VSA), a program to recognize continuous years of service with a community organization, the June Callwood Outstanding Achievement Award for superlative volunteer work undertaken by individuals, groups or businesses and the Ontario medal for Young Volunteers presented to outstanding young volunteers between the ages of 15 and 24. Nomination forms and additional information on each program is available at www.ontario.ca\honoursandawards or bv callinq 416-314-7526. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) D - 3 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee, requesting permission to hold the Newcastle Santa Parade and fireworks display on November 23, 2008; forwarding a parade route map and copies of municipal and regional road occupancy for special event permits; and, advising that their pyrotechnician has also obtained the necessary fireworks permit from the Fire and Emergency Services Department. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and the required permit for the fireworks display from the Municipal Clerk's Department) Council Meeting Minutes - 17 - November 10, 2008 D - 4 Carolyn Downs, City Clerk, City of Kingston, advising Council that on October 21, 2008, the City of Kingston adopted the following resolution pertaining to a moratorium on uranium mineral exploration and a review of the Mininq Act: "WHEREAS the City of Kingston passed a resolution that called upon the Province of Ontario to enact a moratorium on uranium mineral exploration and to petition the Province of Ontario to undertake an immediate and comprehensive public review of the mining act; and, WHEREAS the Province of Ontario has recently initiated a very short public consultation process that aims to secure public input prior to modernizing Ontario's Mining Act; and, WHEREAS it is essential that the modernization of that Act will result in the rights and interests and the health of all citizens being protected, and in municipalities being able to regulate mining activities within their own jurisdictions; and, WHEREAS the consultation process of the Province directs the public to comment on five themes that do not lend themselves to the strengthening of the land use planning powers of municipalities so that they can execute their essential planning mandate in respect of controlling mineral exploration and development activities within their municipal boundaries so as to bring such activities into balance with other land uses and to protect the environment and the rights and interest, the health and investments of their citizens; and WHEREAS a coalition of knowledgeable persons, municipal officials, conservation authorities, community groups and environmental organizations have come together behind "three modest proposals" that experts have concluded would resolve the fundamental imbalances that exist between mining activities and other land uses and essential policies and priorities; THEREFORE BE IT RESOLVED THAT the City of Kingston endorses the Three Modest Proposals that were developed by the Coalition for Balanced Mining Act Reform, and petitions the Provincial Government of Ontario: 1. to re-unite all provincially-owned mining rights with land that is privately owned and municipally taxed; Council Meeting Minutes - 18 - November 10, 2008 2. to give all municipal governments: the ability to develop and enforce official plans including mineral land use designation; and thus the subsequent authority to zone lands so as to restrict the locations in which mining activities can be undertaken, in accordance with municipal needs; and 3. to require the comprehensive public review of the impacts of proposed mineral exploration and mining activities before such activities be undertaken by anyone. BE IT FURTHER RESOLVED THAT this motion be sent to the Premier's Office of Ontario, to the Leaders of the Opposition, the Honourable Michael Gravelle, Minister of Northern Development and Mines, the Honourable John Gerretsen, local MPP, as well as all the Ontario municipalities with a population over 50,000, requesting a review of the antiquated mining act, as well as asking for a moratorium on uranium mining, and that this also be sent to AMO for support and endorsement. Resolution #C-534-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the City of Kingston with respect to a moratorium on uranium mineral exploration and a review of the Mininq Act be received for information. "CARRIED" D - 5 Lucille King, Director of Corporate Services/Municipal Clerk, Town of East Gwillimbury, advising Council that on September 22,2008, the Town of East Gwillimbury adopted the following resolution pertaining to funding to support aging municipal roads and bridges: "BE IT RESOLVED THAT the e-mail received from C. Aker, dated September 11, 2008, regarding safer roads in our community, be received; and FURTHER, the Municipal Council of the Town of East Gwillimbury refer this correspondence to the Regional Municipality of York; and FURTHER, in consideration that the Municipal Council of the Town of East Gwillimbury supports safer roads; and Council Meeting Minutes - 19 - November 10, 2008 FURTHER, in consideration that our roads and bridges are becoming increasingly more costly to maintain with less financial resources to do so. THEREFORE BE IT RESOLVED THAT the Municipal Council of the Town of East Gwillimbury request that the Provincial and Federal Governments provide more funding that is both predicable and sustainable to municipalities to support our aging municipal roads and bridges; and THAT this Resolution be distributed to the Association of Municipalities of Ontario, Provincial and Federal Members of Parliament for consideration, action and support. Resolution #C-535-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Town of East Gwillimbury with respect to funding to support aging municipal roads and bridges be received for information. "CARRIED" COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report November 3, 2008 Resolution #C-536-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of November 3, 2008 be approved, with the exception of Item #5. "CARRIED" Mayor Abernethy stated a declaration of pecuniary interest concerning Item 5 of Report #1 as a family member is a tenant of the property immediately west of this site. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Novak assumed the Chair. Council Meeting Minutes - 20- November 10, 2008 Item #5 Resolution #C-537 -08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-114-08 be received; THAT the proposed amendment to Zoning By-law 84-63 to permit the development of a mixed use building be approved and that the by-law as contained in Attachment 3 to Report PSD-114-08 be passed; THAT the Holding (H) symbol be removed at such time as the owner has entered into a site plan agreement with the Municipality, obtained easements under the Ontario Planning Act for a joint access and a rear laneway in favour of the adjacent landowner and completed site remediation to the satisfaction of the Regional Municipality of Durham; and THAT the Region of Durham, all interested parties listed in Report PSD-114-08, and any delegations at the Public Meeting be advised of Council's decision. "CARRIED" Mayor Abernethy resumed the Chair. STAFF REPORT Resolution #C-538-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report EGD-050-08 be received; THAT the Municipality submit an application for funding to the Building Canada Fund - Communities Component; THAT the works listed in Report EGD-050-08 be endorsed as the Municipality's highest priority project and included in the application; THAT Report EGD-050-08 be forwarded to the Building Canada Fund - Communities Component as part of the application process; Council Meeting Minutes - 21 - November 10, 2008 THAT the Engineering Services Department proceed with the preparation and submission of the Building Canada Fund - Communities Component application, including all support documentation. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Deputy Mayor Novak assumed the Chair. Resolution #C-539-08 Moved by Mayor Abernethy, seconded by Councillor Trim THAT award of the Request for Proposal RFP 2008-2 for the lease of space at the Garnet B. Rickard Recreation Complex, recommended in Report COD-39-08 and approved by Resolution #GPA-445-08, be rescinded; THAT the Request for Proposal RFP2008-2 process for the lease of space at the Garnet B. Rickard Recreation Complex be cancelled and the proponents be advised accordingly; THAT the requirements of Purchasing By-law #2006-127 be waived to facilitate a single source negotiation for the lease space at the Garnet B. Rickard Recreation Complex; THAT the Manager of Purchasing be authorized to enter into negotiation with Community Care Durham for the lease of required space at the Garnet B. Rickard Recreation Complex; and THAT staff report back to Council on the results of the discussions with Community Care Durham, and options regarding any residual space. "CARRIED" Mayor Abernethy resumed the Chair. UNFINISHED BUSINESS Resolution #C-540-08 Moved by Councillor Woo, seconded by Councillor Trim THAT Report COD-060-08 be lifted from the table. "CARRIED" Council Meeting Minutes - 22- November 10, 2008 Resolution #C-541-08 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report COD-060-08 be received for information. "CARRIED" BY-LAWS Resolution #C-542-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-193 to 2008-200 inclusive; THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" Mayor Abernethy stated a declaration of pecuniary interest concerning By-law 2008-192 as a family member is a tenant of the property immediately west of this site. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Novak Chaired the remainder of the meeting. Resolution #C-543-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-192; THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. Council Meeting Minutes - 23- November 10, 2008 OTHER INFORMATION Councillor Trim spoke to Report PSD-111-08 - Peterborough Victoria Northumberland and Clarington Catholic District School Board Surplus Property Sale St. Stephen's Elementary School which was referred back to staff at the General Purpose and Administration Committee meeting of November 3, 2008. He suggested that as Council has until January 9, 2009, to respond, an in-depth investigation be undertaken into the merits of purchasing the facility for future use and that results of any negotiations be included in the report back to Council. CONFIRMING BY-LAW Mayor Abernethy a stated pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-544-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-201, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 10th day of November, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-545-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 10:35 p.m. "CARRIED" ,. ~u