HomeMy WebLinkAbout12/08/2008
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Council Meeting Minutes
DECEMBER 8, 2008
Minutes of a regular meeting of Council held on December 8,2008, at 7:00 p.m., in
the Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were:
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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
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 10:01 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
ANNOUNCEMENTS
Councillor Woo announced the following:
. He attended the Repatriation Ceremony this afternoon for three Canadian
soldiers killed in Afghanistan advising that despite the cold and delay of the
motorcade, a large gathering of supporters remained on the bridge.
Councillor Woo extended sympathy to the soldiers' families, friends and
comrades overseas.
· On December 9, 2008, the "Power to Connect" Business Women's Networking
Meeting will be held at Bobby C's, Port Darlington Marina at 6:30 p.m. All
female entrepreneurs are welcome to attend.
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Council Meeting Minutes
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December 8, 2008
· He attended the 172 Air Squadron Christmas Dinner and Awards Night.
Councillor Novak announced the following:
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· On Thursday, December 4, 2008, she attended The Big Move: Transforming
Transportation in the Greater Toronto and Hamilton Area held at the Oshawa
Golf Club. The presentation provided a good template to move forward with
the transportation Plan.
· She attended the CPR Holiday Train event on December 1, 2008.
· Two open houses were held at Lydia Trull Elementary School regarding the
Clear Bag Pilot Study. A number of residents attended the information
sessions.
· She had the great honour of attending the Crossing Guards Christmas Party
and assisted in the presentation of long-service awards. Councillor Novak
noted that among the recipients there were three Crossing Guards who have
attained 15 years of service with the Municipality.
· The Farmers' Festival of Lights was held in Enniskillen on Wednesday,
December 3, 2008, and had a very good turn-out.
· On December 6, 2008, she attended the Clarington Older Adult's Christmas
Dance at the Beech Centre.
Councillor Hooper announced the following:
· The CPR Holiday Train made a stop in Bowmanville on December 1, 2008.
There was a huge turnout and 3,500 pounds of non-perishable food items
were donated to Salvation Army, St. Vincent de Paul and the Clarington East
Food Banks. Councillor Hooper thanked Municipal staff, volunteers, and
emergency personnel for their contribution to the successful event and also
thanked the Old Bowmanville Neighbourhood Association for bringing the
event to the Municipality's attention.
· On Saturday, December 6, 2008, he attended the Clarington Older Adult
Association Dinner and Dance. The La Jeunesse Youth Orchestra
entertained.
· On Thursday, December 18, 2008, the Clarington Older Adult Association will
host a Christmas concert with the Clarington Concert Band performing.
· He extended Season's Greetings to all on behalf of the Clarington Older Adult
Association.
· Today, he and Councillors Novak and Trim attended a function at St. Elizabeth
School and helped serve lunch.
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Council Meeting Minutes
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December 8,2008
Mayor Abernethy announced the following:
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· Veridian Connections Inc. has joined The United Way's Winter Warmth
Program, an initiative to help families in need with their energy bills during the
winter months. Information about the program can be obtained by contacting
Veridian.
· The Rotary Club of Bowmanville is selling Christmas trees beside McDonalds
in Bowmanville.
MINUTES
Resolution #C-561-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on November 24,2008, be
approved.
"CARRIED"
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PRESENTATIONS
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Inspector Charlie Green, Durham Regional Police Services, addressed Council to
provide an update on Police Services in Clarington and to respond to concerns with
respect to staffing issues in 16 Division. Inspector Green stated all vacancies within
16 Division will be filled as of January 2009, and that the Division will be in the best
position it has been for the last two years. Inspector Green advised that an in-depth
report on issues surrounding the skateboard park in Courtice has been completed by
a crime analyst and copies will be forwarded to Members of Council prior to the
Christmas break. He noted with extra resources in the Division, the skateboard park
will be addressed on an on-going basis in the New Year, including increased
enforcement. He also indicated that he will do his utmost to have the bike patrol out
next summer in parks and outdoor activity areas. Inspector Green provided statistics
on the 2008 Ride Program indicating that fewer cars have been stopped but that more
arrests have been made. He stated that the number one criminal cause of death is
impaired operation of a vehicle and although this is the 20th year of the Christmas
Ride Program in Durham Region, drinking and driving remains a problem in most
communities across the country. Inspector Green responded to questions from
Members of Council regarding tagging and the importance of taking a proactive
approach to eradicate tagging. He also discussed the importance of the DRAVIS
program, the Durham Regional Police Anti-Violence Intervention Strategy, a
provincially funded crime prevention initiative and discussed the community's
involvement and understanding of crime prevention, which is at the core of the
DRAVIS program. Inspector Green also confirmed that as the DRPS is a Regional
Police Service, the Municipality benefits from the major divisions of the service
including the crime unit, robbery unit, etc.
Council Meeting Minutes
-4-
December 8, 2008
Inspector Green confirmed that there will always be issues and that the police cannot
solve all problems alone and that they rely on the public, elected officials, and other
emergency services to work together to keep Clarington safe and a great place to
work and play.
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Dr. Neil Alexander, President, Association of CANDU Industries, addressed Council to
provide an overview of the benefits of nuclear energy to Ontario and the nuclear
industry's worldwide expansion and the potential economic impact on the Municipality
of Clarington and the Region of Durham. Dr. Alexander stated the Province's
decisions to move forward with new nuclear build and to site the expansion at
Darlington will help strengthen the Region's economic position. Through use of a
PowerPoint presentation, Dr. Alexander reviewed opportunities that arise with building
new nuclear reactors and focused on three viewpoints - Leadership, Market and
Values. Dr. Alexander confirmed a nuclear renaissance is taking place as can be
seen by activity in the last year and reviewed reactor orders from 2000 to 2009, noting
the North American market is opening up again. He noted Canada is in a strong
leadership position and has been very successful in selling nuclear reactors abroad
and there are considerable sums of money in the nuclear industry. Dr. Alexander
noted the industry has special aspects that make it beneficial for the fabrication and
inspection audit to take place in proximity to where the knowledge exists.
Dr. Alexander stated the University of Ontario Institute of Technology (UOIT) is taking
a leading role in training workers for the nuclear industry and has established itself
closely with ACL. He noted there is an opportunity to start a cluster of knowledge in
Durham Region and to look for companies that will bring this knowledge into the area.
He confirmed the value of exporting a two-unit CANDU station would add 17,039
person years of employment in Canada, add more than $1 billion to the Canadian
Gross Domestic Product and add hundreds of millions of dollars to the manufacturing
sector. He also stated that the value of the potential market would result in hundreds
of thousands of person years of new employment and tens of billions in Ontario's
GDP. Dr. Alexander stated regardless of the type of reactor built, construction will
create numerous jobs in the short-term and by keeping the knowledge in the Province,
and specifically in the Region, there will be an opportunity to expand on the industry.
Nancy Taylor, Director of Finance/Treasurer conducted a PowerPoint Presentation
entitled "Province-Wide Property Reassessment". Ms. Taylor stated the Province has
made a number of changes to the property tax assessment system including the
introduction of a four-year assessment update cycle and a phase-in of assessment
increases and provided an explanation as to how the Phase-In works. She noted
decreases will not be phased in but will be experienced immediately. Ms. Taylor
stated it is important to note that the Municipality derives budget revenue from growth
and that reassessment is revenue neutral to the Municipality. She reviewed
assessment growth, reassessment or valuation changes and highlighted valuation
change examples and tax impacts of reassessment. Ms. Taylor stated taxpayers
need to be aware that if there have been physical changes to their property, they have
both a growth impact and a reassessment impact.
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Council Meeting Minutes
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December 8, 2008
She noted that whenever reassessment is undertaken, assessment-related tax shifts
happen; however, the municipality does not receive any additional tax revenue. Ms.
Taylor clarified that tax shifts can occur between properties within a class (i.e.
residential), across classes (i.e. shift from commercial to residential), between lower
tiers in a two-tier system, and by municipality across the province. She highlighted
important dates to remember including the deadline of March 31,2009 for a request
for reconsideration and urged the public to verify the property specific information on
their notices and contact MPAC as soon as possible to correct errors. Ms. Taylor also
advised of a new Ontario Senior Homeowners Property Tax Grant administered as
part of the Provincial income tax return. She referred members of the public to
"AboutMyProperty" at MPAC's website www.mpac.ca to obtain detailed information on
up to 24 additional properties which will help to determine the accuracy of their
assessment. Ms. Taylor also suggested that a copy of her presentation be made
available on the municipality's website at www.c1arinqton.net for the public's
information.
Resolution #C-562-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT Council recess for ten minutes following the delegation of Aiden Tombs and
Emily Manns.
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"CARRIED"
DELEGATIONS
Aiden Tombs and Emily Manns addressed Council concerning Item 18 of Report #1 _
Proposed Idling Control By-Law. Ms. Manns acknowledged current problems with the
state of the economy and fluctuating gas prices and stated that reducing idling would
save the environment and stabilize gas prices. She noted air pollution has caused
5,000 premature deaths. Mr. Tombs stated a recent newspaper article had
questioned whether the by-law was enforceable and it is his opinion that it would be.
He advised that as a concerned citizen, he would inform people of the impacts idling
has on the environment and report offenders, if necessary. Ms. Manns stated they
have provided Council with enough information to vote to enact this by-law and feel
that the environment and health of fellow citizens cannot wait much longer.
Mr. Tombs feels that Clarington will fall behind quickly and that the Municipality needs
to take a leadership role and implement this by-law immediately.
The meeting recessed and reconvened at 9:21 p.m.
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Council Meeting Minutes
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December 8, 2008
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Nadia McLean-Gagnon addressed Council regarding By-law 2008-205 being a by-law
to amend the Procedural By-Law to limit the time for presentations to Council to ten
minutes. Ms. McLean-Gagnon stated as a concerned citizen and teacher, speaking
on behalf of her students, she feels freedom of expression is a fundamental right and
quoted the Canadian Charter of Rights and Freedoms' right to free speech.
Ms. McLean-Gagnon stated at this time when Canada's economy and government is
in severe crises, she feels elected officials should realize that there is a need to
establish a relationship with their constituents to allow for public participation in
decision-making. She noted local government touches the day-to-day lives of the
residents of a community and that a gag should not be placed on the voices of the
citizens who recognize the same problems as the elected officials and who simply
want to protect the community in which they live. Ms. McLean-Gagnon feels that
Council should not be alienating the public but should put more effort into helping the
community work together to solve problems.
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COMMUNICATIONS
Resolution #C-563-08
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 - 11, and I - 13.
"CARRIED"
I - 1 Minutes of the Santa Claus Parade Committee dated November 11,
2008.
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Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to
the Honourable Dwight Duncan, Minister of Finance and Chair of the
Management Board, requesting the Ministry of Finance to reconsider
the implementation of new assessments in light of the economic
downturn and that the request for reconsideration deadline be
extended for a further six-month period.
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P. M. Madill, Regional Clerk, Region of Durham, writing to
Wanda Stephen, Acting General Manager, Kawartha Region
Conservation Authority, advising that on November 19, 2008,
Regional Council adopted the following resolution pertaining to
Regional Comments on A Review of the Kawartha Region
Conservation Authority:
Council Meeting Minutes
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December 8, 2008
"a) THAT the Region confirm its support for the continuation of the
Kawartha Region Conservation Authority and urge the Authority
Board to proceed to implement the findings of A Review of the
Kawartha Region Conservation Authority; and
b ) THAT a copy of Report #2008-P-86 of the Commissioner of
Planning be forwarded to the Kawartha Region Conservation
Authority, the Townships of Brock and Scugog, and the other
member municipalities."
Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors providing an update on
MPAC's 2008 activities in support of changes to the property
assessment system in the 2007 and 2008 Ontario Budgets, the
assessment update, and their commitment to customer service
excellence. The correspondence indicates that although the bulk of
MPAC's activities have been focused on the 2008 assessment
update, they are equally committed to implementing activities
including stakeholder outreach, participation at the annual Association
of Municipalities of Ontario (AMO) Conference, a new
Customer-Centred Corporate Strategy, service delivery,
implementation of the Ombudsman's recommendations and
assessment complaints regarding the downtown Toronto office
complexes collectively known as the Bank towers.
Katie Cronin-Wood, Communications Lead, Central East LHIN and
Leigh Winn-Kruck, Communications, Lakeridge Health, advising that
the Central East LHIN has designated Lakeridge Health Oshawa as a
District Stroke Centre; that the designation will allow the hospital to
hire specialized clinical staff and to purchase clot busting drugs that
can be quickly administered to minimize the effects of a stroke; and,
that the Stroke Centre will provide close to home care for Durham
Region stroke patients who previously had to travel to Toronto, Barrie,
York Region or Peterborough to access these services.
Paul Andre Larose, Ph.D., expressing concern with the gradual
erosion of free expression at Clarington Council; forwarding a series
of quotes relating to freedom that illustrate, from an historical
perspective, the perils of tempering with freedom; and, reminding
Council of the long-term consequences of what appears at first sight
to be a convenient political expedient.
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Council Meeting Minutes
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December 8, 2008
I - 8 Linda Gasser expressing opposition to the direction to staff to prepare
an amendment to the Procedural By-law to limit the duration of
presentations to Council to ten minutes without the benefit of
understanding options and impacts and expressing concern with the
systematic dismantling of processes that allow the public to
participate in decisions affecting the community.
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Doug Abernethy, Founder, Ontario RAID (Report All Impaired
Drivers), advising the Ontario Provincial Police, in partnership with
RAID, are introducing a new initiative to combat drinking and driving
by encouraging citizens to call OPP dispatch immediately if they
suspect they have spotted an impaired driver; advising the program is
currently working in over 40 OPP Detachments and that over 90,000
RAID wallet-cards have been distributed at RIDE checks by the OPP;
and, indicating that resources are available for interested
communities to get involved in the RAID program locally to raise
public awareness and have a greater impact on impaired driving.
Jim Richards expressing concern that democracy is being eroded by
Council with changes to the Procedural By-law in limiting delegations
to speaking from ten minutes to five minutes and now proposing an
amendment to the Procedural By-law to limit the time of presentations
to ten minutes; requesting Council to disregard the motion to limit the
time for presentations and to reinstate the ten minute allowance for
delegations in an attempt to reinstate freedom and democracy; and,
requesting a response, in writing, to his correspondence.
Doug Robertson, Project Manager, Transportation Infrastructure,
Transportation and Field Services Branch, Region of Durham, writing
to the TDL Group Corp. regarding Tim Hortons store site
modifications at the southwest corner of Waverley Road and Baseline
Road; confirming that the Region will not proceed with the closure of
the right-in access from Regional Road 57 based on the commitment
by TDL to start construction of improvements at the site as soon as
possible to implement a permanent solution to the queue spilling back
issue at the location; and, advising the Region has retained the right
to close the right-in access from Regional Road 57 if they are not
satisfied that reasonable progress has been made on the site
improvements.
Karen Branch advising she is not pleased with being forced to be part
of a pilot program for clear plastic bags and will not be a willing
participant and questions the enforcement process. Ms. Branch feels
that Clarington residents should not have to pay taxes for refuse
collection because of the planned incinerator.
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Council Meeting Minutes
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December 8, 2008
1-6
P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on
November 19, 2008, Regional Council adopted the following
resolution pertaining to the Growing Communities Healthcare
Alliance - Durham Region's Hospital Funding Gap:
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"WHEAREAS Ontarians believe in the principle of fairness; that
fairness defines who we are and how we live;
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WHEREAS the high growth communities in Ontario grow at more
than twice the rate of the provincial population growth rate and are
aging at twice the provincial rate;
WHEREAS population growth in these regions will further intensify
due to Ontario's 30-year growth plan, Places to Grow;
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WHEREAS as of 2008/09 Ontarian's residing in the Local Health
Integration Networks (LHINs) with high growth communities are
receiving $258 less per resident in provincial funding for local hospital
services compared to residents in other LHINs in Ontario, which
translates into a $1.4 billion annual operating funding gap for local
hospital services and these provincial funding gaps worsen each
year;
WHEREAS Durham residents as part of the Central East LHIN are
receiving $229 less per resident in provincial funding for local hospital
services when compared to the average Ontarian, which translates
into a $345 million annual operating funding gap for local hospital
services;
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WHEREAS more than four million Ontarians living in high growth
communities are receiving $218 less per resident for provincially
funded local social services when compared to the average Ontarian,
which translates into a $708 million annual operating funding gap for
local provincially funded social services - and these provincial funding
inequities also worsen each year;
WHEREAS the Government of Ontario has acknowledged the
growing funding gaps for hospital services in high growth
communities by committing during the 2007 provincial election to
provide $100 million in additional annual operating funding to high
growth hospitals;
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Council Meeting Minutes
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December 8, 2008
WHEREAS the provision of $30 million in hospital growth funding for
2008/09 still means that the provincial funding gap for hospital care
continues to widen in high growth communities;
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WHEREAS the Government of Ontario has announced that it is
developing and will implement a new Health Based Allocation Model
(HBAM) to allocate new health care resources to Local Health
Integration Networks based on patient care needs and to address
health care funding inequities in Ontario;
BE IT RESOLVED THAT in order to improve timely and local access
to hospital care in the Region of Durham and across high growth
communities in Ontario, the Durham Regional Council asks that the
Government of Ontario:
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1. Speed up implementation of the $100 million hospital growth
funding commitment ensuring that growth funding is targeted to
high growth hospitals and provide growth funding for social
services;
2. Quickly implement a 'Health Based Allocation Model' (HBAM) i.e.,
population-needs-based-funding for provincial hospital and health
care services and develop a population-needs-based funding
formula for social services; and
3. Develop a health care and social services growth plan for Ontario
high growth communities to complement Places to Grow;
AND FURTHER THAT this resolution be forwarded to the Premier of
Ontario, the Minister of Health and Long-Term Care, the Minister of
Finance, the MPPs in Durham Region, High Growth Communities
Mayors and Chairs, and the Central East LHIN."
Resolution #C-564-08
Moved by Councillor Woo, seconded by Councillor Foster
THAT the rules of procedure be suspended to allow for a motion to reconsider
Resolution #C-476-08 passed on September 29,2008.
"CARRIED"
Council Meeting Minutes
- 11 -
December 8, 2008
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Resolution #C-565-08
Moved by Councillor Woo, seconded by Councillor Foster
WHEAREAS Ontarians believe in the principle of fairness; that fairness defines
who we are and how we live;
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WHEREAS the high growth communities in Ontario grow at more than twice the
rate of the provincial population growth rate and are aging at twice the provincial
rate;
WHEREAS population growth in these regions will further intensify due to
Ontario's 30-year growth plan, Places to Grow;
WHEREAS as of 2008/09 Ontarian's residing in the Local Health Integration
Networks (LHINs) with high growth communities are receiving $258 less per
resident in provincial funding for local hospital services compared to residents in
other LHINs in Ontario, which translates into a $1.4 billion annual operating
funding gap for local hospital services and these provincial funding gaps worsen
each year;
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WHEREAS Durham residents as part of the Central East LHI N are receiving
$229 less per resident in provincial funding for local hospital services when
compared to the average Ontarian, which translates into a $345 million annual
operating funding gap for local hospital services;
WHEREAS more than four million Ontarians living in high growth communities
are receiving $218 less per resident for provincially funded local social services
when compared to the average Ontarian, which translates into a $708 million
annual operating funding gap for local provincially funded social services - and
these provincial funding inequities also worsen each year;
WHEREAS the Government of Ontario has acknowledged the growing funding
gaps for hospital services in high growth communities by committing during the
2007 provincial election to provide $100 million in additional annual operating
funding to high growth hospitals;
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WHEREAS the provision of $30 million in hospital growth funding for 2008/09
still means that the provincial funding gap for hospital care continues to widen in
high growth communities;
WHEREAS the Government of Ontario has announced that it is developing and
will implement a new Health Based Allocation Model (HBAM) to allocate new
health care resources to Local Health Integration Networks based on patient
care needs and to address health care funding inequities in Ontario;
Council Meeting Minutes
- 12-
December 8, 2008
BE IT RESOLVED THAT in order to improve timely and local access to hospital
care in the Region of Durham and across high growth communities in Ontario,
the Durham Regional Council asks that the Government of Ontario:
1. Speed up implementation of the $100 million hospital growth funding
commitment ensuring that growth funding is targeted to high growth
hospitals and provide growth funding for social services;
2. Quickly implement a 'Health Based Allocation Model' (HBAM) i.e.,
population-needs-based-funding for provincial hospital and health care
services and develop a population-needs-based funding formula for social
services; and
3. Develop a health care and social services growth plan for Ontario high
growth communities to complement Places to Grow;
AND FURTHER THAT this resolution be forwarded to the Premier of Ontario,
the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs
in Durham Region, High Growth Communities Mayors and Chairs, and the
Central East LHIN.
"CARRIED"
I - 11 Wayne Blackburn questioning whether Council has considered
putting the Total Hockey collection on display at Clarington sports
centres so that the residents of Clarington have the opportunity to
view it indefinitely.
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Resolution #C-566-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence I - 11 from Wayne Blackburn with respect to the Total
Hockey collection be referred to the Director of Community Services.
"CARRIED"
1-13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on November 19, 2008, Regional Council adopted the
following resolution pertaining to the Clear Bags Pilot Study
Objectives and Procedures:
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Council Meeting Minutes
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December 8, 2008
"a) THAT the clear bag pilot study be limited to a three (3) month
duration from January 12 to April 10, 2009 for approximately
1,500 homes within two (2) distinct routes, one (1) each in the
City of Pickering and the Municipality of Clarington;
b) THAT the collection and enforcement process for the clear
garbage bag pilot program be based on the following process:
i) THAT the first two collections be an 'education collection' to
educate residents on the requirements of the clear bag
program;
ii) THAT the second two collections be an 'audit collection' to
evaluate the remaining diversion potential;
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iii) THAT the Region's contractor exercise tolerance on the
remaining collections when proceeding with the 'enforcement
collection' when waste does not comply with the program
requirements and if left at the curb, that an explanation as to
why it was not collected be left;
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c) THAT the objectives of the clear bag pilot project will be to
assess whether there is an increase in diversion and participation
in the recycling!composting programs;
d) THAT high-rise apartments will not be included in the clear bags
pilot study;
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e) THAT the collection contractor institute an enforcement regime
whereby non-conforming refuse be left at the curbside within the
tolerance of the Region's contractor;
f) THAT staff report back at the next Works Committee meeting
with a complete synopsis of the communication strategy,
marketing strategy and advertisement plan for the implementation
of the clear bag pilot project for the City of Pickering and the
MuniCipality of Clarington and that the synopsis include a pre-
determined grace period for residents to allow them sufficient
time to comply with the requirements of the pilot program;
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g) THAT the foregoing report be provided to all Regional Councillors
and a copy forwarded to the City of Pickering and the MuniCipality
of Clarington; and
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Council Meeting Minutes
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December 8, 2008
h) THAT all members of Pickering and Clarington Councils, and the
members of the Works Committee be informed of the dates for
the hand-delivery of the notices advising of the commencement
of the pilot study."
Resolution #C-567-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT a letter of appreciation be forwarded to the Region of Durham with
respect to the actions taken to date on the Clear Bag Pilot Study.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-568-08
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 - 7 to D - 11, inclusive.
"CARRIED"
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D -1
Josie Coscarella, expressing concern with the posted speed limit of
80 km per hour on Courtice Road North, in the vicinity of 4200
Courtice Road North, permitting vehicles to travel at a dangerously
high speed in a residential environment; and, requesting the speed
limit be reduced to 60 km per hour to address safety concerns.
(Correspondence referred to the
Region of Durham)
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Council Meeting Minutes
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December 8, 2008
D - 2 Harold Sellers, Executive Director, Oak Ridges Trail Association
(ORT A), advising over 40 km of the Oak Ridges Trail is located with
the Municipality of Clarington and the Association is working with
municipalities on the trail to put in place written formal agreements
respecting the use of lands by ORT A for the purpose of the Oak
Ridges Trail; forwarding a draft agreement for consideration
addressing liability concerns, establishing standards, procedures and
responsibilities for trail maintenance and providing an opportunity for
ORTA and the municipality to communicate on a periodic basis; and
requesting the opportunity to formalize the agreement with the
Municipality for use of municipally-owned lands presently accessed
by the Oak Ridges Trail.
(Correspondence referred to the
Director of Engineering Services)
D - 3 Carol Eldridge expressing concern with the 12 hour timeframe in
which homeowners must have their sidewalks cleared of snow and
requesting an amendment to the By-law to change the timeframe to
18 or 24 hours to recognize the difficulty the working public has in
adhering to the requirements of the by-law.
(Correspondence referred to the
Municipal Clerk)
D - 5
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D-6
Mike Sawchuck, Community Program Officer, Ontario Heritage
Trust, extending an invitation to the Municipality to participate in
Doors Open Ontario 2009, an Ontario Heritage Trust province-wide
cultural heritage tourism program, a program which raises
awareness of local history and heritage sites, garners media
attention and promotes civic pride; forwarding a Doors Open Ontario
2009 Registration Form and Information Guideline; and advising the
deadline to submit the registration form and $1,500 registration fee is
December 19, 2008.
(Correspondence referred to the
Director of Planning Services)
Heather and Joanne McFarland, Event Organizers, Clarington Polar
Bear Swim, requesting approval for members of Clarington Fire
Station 2 to attend the ih Annual Clarington Polar Bear Swim to
raise awareness of the urgent need of organ and tissue donations
and to raise awareness and support for liver disease research. Last
year, $4,500 was presented to The Hospital for Sick Children.
(Request approved)
Council Meeting Minutes
- 16-
December 8, 2008
D - 4 Peter DeJong, Chairperson, Newcastle Community Hall Board,
requesting that the Board's one full-time employee be added to the
Municipality's benefit package for medical/dental coverage for 2010;
and, advising that the Board would assume responsibility for the cost
of this addition to the package.
Resolution #C-569-08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D - 4 from Peter DeJong, Chairperson, Newcastle
Community Hall Board with respect to an addition to the Municipality's benefit
package be referred to the Director of Corporate Services.
"CARRIED"
D - 7 Alex Mitchell, City Clerk, City of Cambridge advising Council that on
November 17, 2008, the City of Cambridge adopted the following
resolution pertaining to property tax assessment:
"WHEREAS significant changes have occurred to the process of
reassessing of properties since the last reassessment completed in
2005;
WHEREAS the Government of the Province of Ontario through the
introduction of Bill 187 and Bill 44 has imposed the changes in
response to public complaints and the recommendations that came
from the Ombudsman's Report into assessment activities;
WHEREAS the changes have led to a 4 year cycle for reassessing
properties with the current reassessment based on January 1, 2008
values;
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WHEREAS the market value changes are being phased in over 4
years commencing 2009 for properties of all classes where there is
an increase over and above the percentage increase in market value
for the class of property from 2005 to 2008;
WHEREAS for properties with a market value assessment that is
below the percentage increase in market value for its class, property
tax decreases will be implemented immediately;
WHEREAS the economy has recently entered into a severe
downturn resulting from a number of pressures both internal and
external including the global financial crisis;
Council Meeting Minutes
- 17 -
December 8, 2008
WHEREAS the forecast is for the economy to deteriorate further in
2009 with recessionary pressures in industry and peoples day to day
lives coupled with ongoing job losses;
THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the City of Cambridge calls on the Honourable
Dwight Duncan, Minister of Finance of Ontario, the Honourable
Dalton McGuinty, Premier of Ontario and, the Government of
Ontario, to do what they can to help soften the blow for Ontario
residents and property owners of all classes including, a deferral of
the 4 year phase in for property tax increases by 1 year from the
present phase in of 2009,2010,2011 and 2012 to 2010,2011,2012
and 2013;
AND FURTHER THAT the motion once approved be forwarded to all
MPPs representing Waterloo Region, to the Leader of the Official
Opposition, to the Leader of the 3rd party and, through AMO, to all
other municipalities for their consideration.
Resolution #C-570-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the City of Cambridge with respect to property tax
assessment be received for information.
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D - 8
Debi A. Wilcox, City Clerk, City of Pickering, writing to the Board of
GO Transit advising that on November 17, 2008, the City of
Pickering adopted the following resolution pertaining to security and
safety at GO Stations:
'WHEREAS there are over 200,000 passengers on GO trains and
buses every weekday; and
WHEREAS there are about 50,000 parking spots available at GO
parking lots used by 12 million vehicles per year; and
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WHEREAS GO Transit indicated that there are 350 reported
incidents of theft and vandalism annually; however, GO Transit has
no process for riders to report thefts and vandalism or GO to track;
and
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Council Meeting Minutes
- 18 -
December 8, 2008
WHEREAS media reports and first hand information of many theft
and vandalism incidents at GO Stations, including Pickering, are
unreported or unrecorded by GO Transit and police; and
WHEREAS many visitors indicate that they have been the victim or
know someone who has been the victim of incidents ranging from
vandalism and personal property theft to vehicle theft. Some cars
are reported with missing lights, wheels and airbags. One media
report noted that GO Transit parking lots are 'auto parts stores' for
brazen thieves.
NOW THEREFORE although GO Transit has made attempts to
improve safety and security, more needs to be done
NOW THEREFORE BE IT RESOLVED THAT the City of Pickering
requests that GO Transit put in place the following measures:
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- provide better education to riders to protect themselves and
their personal property
- establish a formal reporting and tracking process through GO
Transit staff and online for riders to report incidents and that
through advertising, GO Transit make riders aware of the
processes to report incidents to GO Transit and police
- that GO Transit record and report all incidents and compile and
share this information with the local police services and to
riders through its newsletters and online to municipalities in
which it operates
- GO Transit increase staff and enforcement at GO Stations and
pedestrian and parking areas to improve safety and security of
property
- improve lighting, particularly in well used pedestrian areas
- increase closed circuit television cameras
- other safety and security measures as appropriate
AND FURTHER THAT a copy of this resolution be shared with
Durham municipalities, the GO Transit Board, Durham Regional
Police Services and MPP's for Ajax-Pickering and Scarborough
East-Pickering."
Council Meeting Minutes
- 19 -
December 8, 2008
Resolution #C-571-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the City of Pickering with respect to security and
safety at GO Stations be endorsed.
"CARRIED"
D - 9 Debi A. Wilcox, City Clerk, City of Pickering, writing to P. Madill,
Regional Clerk, Region of Durham, advising that on November 17,
2008, the City of Pickering adopted the following resolution
pertaining to Durham Region Anti-Violence Intervention Strategy:
"WHEREAS the Ministry of Community Safety and Correctional
Services is committed to ensuring that Ontario's communities are
supported and protected by law enforcement and public safety
systems that are safe, secure, effective, efficient and accountable
and therefore proposed the creation of an Anti-Violence Intervention
Strategy within communities in the GTA to help combat gun related
violence and other street level crime; and
WHEREAS the aim of the Anti Violence Intervention Strategy is to
utilize intelligence already gathered to identify areas within a
community where high incidents of gang activity or violence have or
are likely to occur and to take a proactive approach aimed at
reducing violence, increasing community safety and improving the
quality of life for members of the community, who have been
impacted by this type of criminal violence; and
WHEREAS in 2007 the Ministry gave the approval for $510,000 to
be provided to the Durham Regional Police Service to create an Anti
Violence Strategy within Durham Region. The Durham Region Anti
Violence Strategy (DRAVIS) was created and became operational in
early 2008; and
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WHEREAS the City of Pickering and its residents view crime and
crime prevention to be of the utmost importance and contribute to a
more sustainable community through Sustainable Pickering lens of
healthy society; and
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Council Meeting Minutes
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December 8, 2008
WHEREAS it is widely believed that crime prevention cannot be
accomplished without the community's involvement and
understanding, which is at the core of the DRAVIS program. Officers
are deployed in uniform and maintain a high level of visibility within
the community by patrolling areas in marked patrol cars, on foot and
during warmer weather on police bicycles. Additionally officers
assigned to DRAVIS distribute, to area residents, specially printed
business cards outlining the DRAVIS program and empowering the
community with knowledge in order to be involved in the prevention
of neighbourhood crime; and
.
WHEREAS the DRAVIS program has been a successful program in
Durham Region with the prevention of crime, empowering
community members and creating more visibility of our Police
Services. To date there have been 110 DRAVIS initiatives
completed in Durham Region and has resulted in 2098 street
checks, 507 arrests, and 16 weapons seized including 1 firearm;
NOW THEREFORE the City of Pickering resolves to
Minister Bartolucci, Minister of Community Safety and Correctional
Services that the City of Pickering supports and requests that the
Anti Violence Intervention Strategy program is continued in Durham
Region and that continual funding be provided to Durham Regional
Police Services in order for the operation of DRAVIS to continue
throughout our region and ensure crime prevention initiatives are
continued.
AND FURTHER a copy of this resolution be forwarded to
Sergeant Mariano, Durham Regional Police Services, Durham MP's,
Durham MPP's, Durham Regional Council and all Durham municipal
Councils for endorsement and further, that the endorsements be
forwarded to Minister Bartolucci."
Resolution #C-572-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the resolution from the City of Pickering with respect to Durham Region
Anti-Violence Intervention Strategy be endorsed.
"CARRIED"
Council Meeting Minutes
D - 10
- 21 -
December 8, 2008
David Kelly, Chair, Clarington Accessibility Advisory Committee,
advising Council that on December 2, 2008, the Clarington
Accessibility Advisory Committee adopted a resolution
recommending that Clarington Council endorse the following
resolution of the Regional Municipality of Durham pertaining to Bill
94: Social Assistance Statutes Law Amendment Act (Registered
Disability Savings Plans):
"a) THAT Durham Region Council supports Bill 94;
b) THAT staff be directed to write a letter to the Minister of
Community and Social Services indicating such support, and
attaching a copy of Report #2008-A-43; and
c) THAT a copy of the letter and Report #2008-A-43 be forwarded to
the Premier of Ontario, Durham's MPPs, area municipalities and
area Accessibility Advisory Committees."
Resolution #C-573-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the resolution from the Clarington Accessibility Advisory Committee with
respect to Bill 94: Social Assistance Statutes Law Amendment Act (Registered
Disability Savings Plans) be endorsed.
D - 11
"CARRIED"
Jack Gibbons, Chair, Ontario Clean Air Alliance, advising the
Alliance has launched a campaign to build public support for a
Nuclear Cost Responsibility Act, which if enacted, would make it
illegal for nuclear power companies to pass their capital cost
overruns onto Ontario's taxpayers or electricity ratepayers;
forwarding a copy of their Nuclear Cost Accountability Petition, fact
sheet and handbill; and, requesting Council to consider signing the
petition.
Council Meeting Minutes
- 22-
December 8,2008
Resolution #C-574-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 11 from Jack Gibbons, Chair, Ontario Clean
Air Alliance, with respect to support for a Nuclear Cost Responsibility Act be
received for information.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report December 1,
2008
Resolution #C-575-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of December 1,
2008 be approved with the exception of Items #9 and #18.
"CARRIED"
Item 9
Resolution #C-576-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-077-08, Addendum and Addendum 2 to Report PSD-077-08, be
received for information.
"CARRIED"
Item 18
Resolution #C-577 -08
Moved by Councillor Trim, seconded by Councillor Woo
THAT staff meet with the delegation to investigate and explore details regarding a
municipal idling by-law and a written report be submitted to Council as step one of this
important issue.
"MOTION LOST"
Council Meeting Minutes
- 23-
December 8,2008
Resolution #C-578-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report CLD-035-08 be received;
THAT the By-law to prohibit excessive vehicle idling, attached to Report CLD-035-08,
be approved;
THAT the interested parties listed in Report CLD-035-08 be advised of Council's
decision; and
THAT staff engage in discussion with the delegations for future consideration.
"CARRIED"
STAFF REPORT(S)
1. Report CLD-036-08 - Temporary Appointment - Order to Restrain Appeals
2. Report COD-070-08 - By-Law Snow Removal Service (To be Distributed
Under Separate Cover)
3. Confidential Verbal Report of the Chief Administrative Officer Regarding
Personnel Matters
Resolution #C-579-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report CLD-036-08 be received;
THAT Tom Vendrasco, Municipal Law Enforcement Officer, be appointed to conduct
Order to Restrain Appeal hearings during the absence of the Manager of Municipal
Law Enforcement; and
THAT the necessary by-law be approved by Council.
"CARRIED"
Council Meeting Minutes
- 24-
December 8, 2008
Resolution #C-580-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report COD-070-08, be received;
THAT D & F Snow Removal, Bowmanville, Ontario, with a total bid in the amount of
$11,712.00 for all sections including Section I, Courtice and Hampton, Section 2,
Bowmanville and Section 3, Clarington East and Orono, excluding GST, being the
lowest responsible bidder meeting all terms, conditions and specifications of quotation
Q2008-32, be awarded the contract for Snow Clearing for the term commencing
immediately and expiring on November 30, 2009;
THAT pending satisfactory service the contract be extended for a second and third
year; and
THAT the required funds be drawn from the respective year's operating budget for
snow clearing.
"CARRIED"
Resolution #C-581-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of receiving verbal reports with respect to
personnel matters.
"CARRIED"
The meeting resumed in open session at 10:42 p.m.
The Mayor advised that a closed meeting of Council was held in accordance with
Section 239 of the Municipal Act. During the closed session, the Chief Administrative
Officer provided verbal reports with respect to three personnel matters.
Resolution #C-582-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the recommendations of the Chief Administrative Officer with respect to the
personnel matters be endorsed.
"CARRIED"
Council Meeting Minutes
- 25-
December 8, 2008
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-583-08
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS the Municipality of Clarington's Development Charges By-law No. 2005-
108, as amended by By-Law No. 2008-104 and By-Law 2007-195 and By-Law 2006-
160, provides for annual indexing to next take place on January 1, 2009;
WHEREAS By-Law 2005-108 as amended, provides for a phasing schedule whereby
the final component of the phase-in schedule approved June 9, 2008 is effective on
January 1, 2009; and
WHEREAS Council is concerned over the combined impact of both the indexing and
the phase-in resulting in a 25% increase in the development charges quantum during
a time of economic uncertainty;
NOW THEREFORE BE IT RESOLVED that staff be directed to:
1. prepare a draft amendment to By-law 2008-108 to defer the final component of
the phase-in increase from January 1, 2009 to July 1, 2009, and to hold the
necessary public meeting so that Council can consider the amendment as early
as possible in 2009; and
2.
not increase the existing charge on January 1, 2009 for the phase-in increase,
but rather pending consideration by Council of the amendment to the By-Law,
just increase it on that date by the indexing component of By-law
2008-108 as is standard practice in all municipalities.
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"CARRIED"
UNFINISHED BUSINESS
Resolution #C-584-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Addendum 3 to Report PSD-077-08 be received;
THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a
wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. be approved as indicated in Attachment 1 to Addendum 3 to
Report PSD-077-08 and that the necessary by-law be passed at such time as the
applicant has brought their accounts with the Municipality up to date;
Council Meeting Minutes
- 26-
December 8, 2008
THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, be approved and that the by-law as contained in Attachment 2 to
Addendum 3 to Report PSD-077-08 be passed at such time as the applicant has
brought their accounts with the Municipality up to date;
THAT, subject to Recommendation 5 of this resolution, an exception to the
Municipality's policy and practice be granted to provide for a private open space area
within the valley lands on an area of approximately 1.6 hectares, provided that a hotel
containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15;
THAT prior to adopting the proposed amendments, an agreement of purchase and
sale be made between the applicant and the Municipality to the satisfaction of the
Municipality's Solicitor providing for the transfer of the fee simple interest and
possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6 years
following the date when the zoning by-law comes into effect a hotel which satisfies
Recommendation 4 of this resolution has not been constructed on the lands zoned (H)
C5-15;
THAT an appropriate by-law be passed for the Mayor and Clerk to execute an
agreement;
THAT copies of Report PSD-077-08 and Addendums and Council's decision be
forwarded to the Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-077-08 and any delegations be
advised of Council's decision.
"CARRIED"
Resolution #C-585-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the presentation of Inspector Green be received with thanks.
"CARRIED"
Resolution #C-586-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the presentation of Dr. Neil Alexander be received with thanks.
"CARRIED"
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Council Meeting Minutes
- 27-
December 8, 2008
Resolution #C-587-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the presentation of Nancy Taylor, Director of FinancefTreasurer be received
with thanks.
"CARRIED"
Resolution #C-588-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Nadia McLean-Gagnon be received with thanks.
"CARRIED"
BY.LAWs
Resolution #C-589-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-205 to 2008-216 inclusive;
2008-205 Being a by-law to amend By-law 2007-227, a by-law to govern the
proceedings of the Council of the Municipality of Clarington, its
General Purpose and Administration Committee and Special
Committees
2008-206 Being a by-law to authorize entering into an agreement with the
Owners of 73 Cherry Blossom Crescent, Courtice, Paul and
Sharon Jefferson, and the Corporation of the Municipality of
Clarington in respect of minor variance application A2008-0023
2008-207 Being a by-law to require the payment of fees for information and
services provided by the Municipality of Clarington and for
prescribing the amount of such fees and to amend By-law 96-032,
as amended
2008-208 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Hardy Stevenson and
Associates Limited, Toronto, Ontario, to enter into an agreement
for Consulting Services, Port Granby Long-Term Low-Level
Radioactive Waste Management
Council Meeting Minutes
- 28-
December 8, 2008
2008-209 Being a by-law to establish certain lands as public highway, assume
them for public use and name them
2008-210 Being a by-law to assume a certain street within the Municipality of
Clarington as public highway in the Municipality of Clarington
2008-211 Being a by-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington
2008-212 Being a by-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington
2008-213 Being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and 511060 Ontario Limited
respecting a Front-Ending Agreement between Schickedanz Bros.
Limited and the Municipality dated September 25,1995 which is
registered on title to Lots 13 to 18, inclusive, on registered Plan of
Subdivision 40M-2094
2008-214 Being a by-law to repeal By-law 92-81, a by-law to designate the
property known for municipal purposes as 27 King Street West,
Bowmanville, as a property of historic or architectural value or
interest under the Ontario Heritage Act
2008-215 Being a by-law to amend Clarington Traffic By-law 91-58 by
prohibiting excessive idling of vehicles in the Municipality of
Clarington
2008-216 Being a by-law to amend By-law 2006-227, as amended, a by-law
to licence, regulate and prohibit certain animals or classes thereof
within the limits of the Municipality of Clarington, or defined areas
therein; and,
THAT the said by-laws 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.
OTHER INFORMATION
Councillor Novak distributed a scenario being presented to the Region of Durham
regarding the Grow Durham Study and requested Members of Council to contact her if
they had any questions.
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Council Meeting Minutes
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December 8, 2008
Councillor Hooper advised that at the Accessibility Advisory Committee meeting Joe
Caparelli and Judy Turner, Region of Durham provided an update on pedestrian
signals indicating that the timing of the signals at King Street East and Simpson
Avenue meet the industry standards. They also indicated that the signals at King
Street East and Liberty Street will have audible signals installed in the near future.
CONFIRMING BY-LAW
Resolution #C-590-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-218, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 8th day of December, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-591-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 10:51 p.m.
"CARRIED"