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HomeMy WebLinkAbout12/08/2008 ~ I "J!jnnmnn CIOCfflglOn 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: ~ ~ J"" ~ : , ~.,',' ! ': , ,l iil 'i J, -, ;J :,',1, " :1 ~ , ,i 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. i " I , ,I I " " , .:1 Council Meeting Minutes - 2 - December 8, 2008 · He attended the 172 Air Squadron Christmas Dinner and Awards Night. Councillor Novak announced the following: ""J,I '~ I, 'I ] I 'I I.,'.,' i' , ~ j " :il ,~ .1 , ji · 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. :i ~ " 'II Council Meeting Minutes - 3 - December 8,2008 Mayor Abernethy announced the following: i · 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" :,'Ii,' j l I PRESENTATIONS ~ i ~~ ~ , l :1 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. l i I ':1 j I I 'I' \ ,I l i :1 , \ ii 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. ! '! , , Council Meeting Minutes - 5 - 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. I J " " " j , 'I I ,I m ~ "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. ~ :~ I .11 'I I " Council Meeting Minutes - 6 - December 8, 2008 . ,~ 'il i i !I 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. I 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. ,~ i.'I,m. ,:1 ., j 1 'I " ,I ~ .! I ~ 1-2 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. 1-3 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 I 1-4 , 1 J, , J' , " 1-5 1 J II , " i ~ ,I U ~ 1-7 1 " '~ :i 'i ! j ~ :J , 'I i!l - 7 - 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. g Council Meeting Minutes - 8 - 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. 1-9 I ~ Ii..,. l , ~ 'I ~ I :1 i! I,...:' " , rn ,I ~ I I " 11 1- 10 I - 12 1- 14 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. . Council Meeting Minutes - 9 - 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: m ,l "WHEAREAS Ontarians believe in the principle of fairness; that fairness defines who we are and how we live; i! 'I 1 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; 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; ! j".."...,."".ll , , ~ 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; , , I ~ Council Meeting Minutes - 10 - 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; I 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: .;. 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 , 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; i j '! :~ ..~ I " 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; :h 1 ,j I ~ ~ ,~ I ,I 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; i 1~ 1 I ~ " 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. j u ~ I I ~ 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: ':il '!j ii ,1 :1 , ;,1 J "I " Council Meeting Minutes - 13 - 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; 'I I; " 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; , I " l ~ I ':: 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; l p # ,[ :i , ~i :1 , ~ I' , il ,! ! 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; e!l 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 I , :) '! :1 I Council Meeting Minutes - 14 - 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" I i .~~ " .~ " 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) ii .~ II ~ , l ;II J I ~ i i " ;ii l .1 ;;, :i , (- Council Meeting Minutes - 15- 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 , I 'n i 'a I 'I I ~ 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; I i I ,I ., 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. ~ ~ I .j !i I "CARRIED" 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 ~ I J 11 iI ~ II ;] 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 J. 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: :1 j.,,: , i ~ :j 'I ~ I! ~ :~ ,I , n ~,i r, - 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 I ft :i 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 :i :i :1 I Council Meeting Minutes - 20- 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. l "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" . 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. "I I' I 'i!! ;;, ::;1 Ii;: V'! 1:" 1',] I':! Council Meeting Minutes - 29- 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"