Loading...
HomeMy WebLinkAbout01/26/2009 Council Meeting Minutes JANUARY 26, 2009 Minutes of a regular meeting of Council held on January 26, 2009, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome 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 Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Item 2 of Report #2 (Report PSD-010-09) and By-law 2009-010. Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item 2 of Report #1. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Correspondence Items D - 4 and D – 8. Council Meeting Minutes - 2 - January 26, 2009 ANNOUNCEMENTS Councillor Novak announced the following: At the Central Lake Ontario Conservation (CLOCA) board meeting on ? January 20, 2009, Councillor Gerry Emm, of the Town of Whitby, was re- elected to his third term as Chair of the Conservation Authority and Councillor Rick Johnson, representing the City of Pickering, was elected Vice-Chair. ? On January 27, 2009, the fifth Public Information Centre for the Highway 407 East Environmental Assessment will be held at the Garnet B. Rickard Recreation Complex from 4:00 p.m. until 8:00 p.m. Councillor Novak urged members of the public to attend the session. ? On January 21, 2009, Doug Allingham attended the Courtice Business Group meeting to make a presentation on the Highway 407 East EA providing an opportunity to ask questions on Highway 407 strategies. Councillor Hooper announced that the Sara Jane Williams Heritage Centre will be hosting the Dinosaurs & Company event January 10, 2009 to April 30, 2009. Events include Dinosaur Hunters – P.A. Day Camp, January 30, 2009, Diggin’ Dinosaurs – March Break History Camp, March 16 to 20, 2009, Prehistoric Family Fun Day – February 16, 2009, and Night at the Museum – February 28, 2009. Councillor Foster announced that Darlington Nuclear has been selected from 146 sites across North America to receive the prestigious “Signatures of Sustainability Award” from the Wildlife Habitat Council. Councillor Woo announced that the winter session for the House Squash League has started at the Clarington Fitness Centre. Instructors are available and two courts can be reserved at the Centre. Councillor Trim announced that the Durham Region will be receiving an environmental award for the Courtice Water Pollution Plant Project, a technical innovation award and Certificate of Appreciation for computer-based applications and also advised that Espresso Legato, Pita Pit and Steamers Restaurant were recognized under the Eat Smart! Program. Councillor Trim also attended the Dine Safe meeting concerningthe new foodsafety inspection disclosure program commencing on March 2, 2009, a program designed to give the public quick and easy access to the results of food safety inspections. He noted inspection summary signs will be posted with Green (PASS), Yellow (CONDITIONAL PASS) or Red (CLOSED). Mayor Abernethy announced that on Saturday, January 24, 2009, he attended the first Robbie Burns dinner held at the Orono Town Hall. He stated the sold-out event was very entertaining and that funds were raised in support of moving the Kirby Church. Council Meeting Minutes - 3 - January 26, 2009 MINUTES Resolution #C-022-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on January 12, 2009, be approved. "CARRIED" PRESENTATIONS Mayor Abernethy welcomed the press, members of the gallery and those viewing tonight's proceedings from home as he presented the Annual "State of Clarington" Address. Mayor Abernethy advised that Council and staff have accomplished many things in the past two years. In 2007, he directed the Chief Administrative Officer to develop a Corporate Strategic Plan to guide the course of action for this term of Council. The Corporate Strategic Business Plan brought together the experience and skill of Municipal staff and the energy and will of Council to develop a blueprint for tomorrow, and to create a framework to build a prosperous and sustainable community. Mayor Abernethy discussed how growth has created challenges to the 2009 Operating Budget and how the Corporate Strategic Business Plan will help to manage the affairs of the municipality in the future. In October 2008, the Chief Administrative Officer provided a public Progress Report on the Corporate Strategic Business Plan, as a way of documenting and measuring the goals that have been achieved and those which are outstanding. Mayor Abernethy encouraged Members of the Public to review and provide feedback on the Corporate Strategic Plan, which is available on the Municipality's website www.Clarington.net or to pick up a copy of the Plan from Town Hall. Mayor Abernethy stated this year, Council's most formidable challenge will be "Managing our Growth" so that it ensures a healthy environment to raise families, indicating we should not pay a price for growth or change but rather it should support the reasons why we live in Clarington. Mayor Abernethy acknowledged that the Municipality has benefited from new development charge dollars and new tax assessment dollars that go hand in hand with new growth in helping to fund new arenas, pools and sports complexes, new roads and parks; but, that the financial obligations in building and managing the things that make Clarington the community that it is must be met. The Mayor indicated that unfortunately when growth slows, so does the flow of growth dollars relied upon to repay the $34 million Municipal debt. In 2007, the Municipality conducted a Financial Impact Study to determine the true cost of growth to Clarington which revealed that growth does not pay for growth. The findings of that study have resulted in substantial increases in the rates charged for all permits issued within the municipality in order to offset the impact of the new growth infrastructure costs to existing taxpayers and that this has greatly impacted the cost of all new development within Clarington. Mayor Abernethy confirmed that growth must be sustainable and at a rate that is absorbed by the community and should create good paying jobs. Council Meeting Minutes - 4 - January 26, 2009 Mayor Abernethy stated that 2009 and possibly 2010 will create challenges for the Community; however, there are positive happenings in Clarington with the construction of the Nuclear New Build at Darlington Nuclear that will provide a tremendous boost to the economies of Clarington, the Region of Durham and beyond and will play a major role in the development of Durham Region becoming the “Energy Capital of Ontario” and will provide thousands of jobs. Mayor Abernethy highlighted other major infrastructure projects slated for Clarington still undergoing the Environmental Assessment process including Highway 407 East expansion, Bowmanville GO Train Station, Energy-From-Waste facility and the Port Granby Low Level Waste Removal Project. In total, if all go ahead as planned, within the next eight years as much as $20 billion dollars of infrastructure projects will be completed in Clarington. Durham College, UOIT and Lakeridge Health will all play an important role. The influx of thousands of additional workers and their families into Clarington will certainly create additional pressures on the hospital. Mayor Abernethy stated it is imperative that Lakeridge Health, the Local Health Integrated Networks and the Ontario Minister of Health begin plans to meet demands that these infrastructure projects will place on the Bowmanville Hospital so that high quality health care services are preserved. Stimulating the economy is the responsibility of the Federal and Provincial governments; however, Mayor Abernethy indicated that the municipality will do its part by injecting most of the $60 million 2009 budget into the local economy. Mayor Abernethy stated that later this evening, Council will be deliberating the 2009 Municipal Budget. The 2009 budgetary process has been open and transparent generating much discussion and debate within the Council Chambers and the community and Council has been listening to the comments. Mayor Abernethy summarized by stating “a small group with a common goal, not caring who gets the credit, can change the world”. Dr. Tony Stone addressed Council extending appreciation to Council for their support of building health care infrastructure in the community and expressing concern regarding the future of Lakeridge Health Bowmanville’s Emergency Department as an acute care hospital. Dr. Stone stated that Lakeridge Health Bowmanville is on the verge of losing its special care unit and the ability to manage patients in Bowmanville if there is no on-site support. He stated family physicians rely on internists who have the knowledge to look after patients and to transfer patients when further care is required. Dr. Stone stated that without on-site internists, the logistics of sending patients to Oshawa every day will be a nightmare for patients; the Oshawa ER consultants are heavily burdened, and the system is under severe stress. Dr. Stone advised that quality care in Bowmanville will deteriorate without internists, noting as of July 1, 2009, there will only be one internist on site. Dr. Stone stated if the ER loses on-site support it will be difficult to recruit and retain ER doctors and, if the unit closes, it will be very difficult to re-open. He confirmed that doctors want to see Lakeridge Health Bowmanville retain its status as an acute care facility and a high quality institution. Dr. Stone confirmed that they are looking for support from Lakeridge Health in building Bowmanville’s on-site programs in internal medicine and surgery and that they don’t want to be downgraded to a rural hospital looked after by family physicians. Council Meeting Minutes - 5 - January 26, 2009 Dr. Stone noted that senior administration have not shown support for this model and they would like senior administration to articulate its vision for Lakeridge Health Bowmanville. Dr. Stone proposes that community leaders, the Hospital Foundation and medical staff develop a consensus vision for Lakeridge Health Bowmanville. DELEGATIONS There were no delegations considered under this section of the Agenda. COMMUNICATIONS Resolution #C-023-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 2, I - 4, I - 5, I - 7, I - 9, I - 10, I - 17, and I - 18. “CARRIED” I - 1 Minutes of the Kawartha Conservation Authority dated November 26, 2008 I - 3 Minutes of the Tyrone Community Centre Board dated December 17, 2008 I - 6 Diane Powers, Chair, Christmas in Clarington Country Committee th expressing appreciation for Council’s support of the 8 Annual Christmas in Clarington Tour, in particular, the marketing expertise and creative artwork provided by the Municipality’s Marketing and Communications Department which played a major role in the success of the event. I - 8 Gail Cosman, President, Nestlé Waters Canada, advising of their concerns respecting the possibility of a ban on the sale of bottled water; forwarding a document entitled “In the Know”, a guide to bottled water and Nestlé Waters Canada; advising of a partnership between Nestlé Waters Canada and the Government of Quebec and municipalities across the province to collect and recycle plastic beverage containers in public spaces; and, requesting permission to participate in any future discussions related to the continued sale of bottled water in municipal facilities should the matter be raised in Clarington. Council Meeting Minutes - 6 - January 26, 2009 I - 11 Brian Fallis, Ganaraska Region Conservation Authority, writing to the Honourable Jim Bradley, Minister of Transportation, requesting that the Province renew its financial investment in the Oak Ridges Moraine by providing additional funding of $30 million to the Oak Ridges Moraine Foundation (ORMF) to enhance and protect the ecological integrity of the Moraine in the funding areas of securement, trail, research and stewardship, and education and outreach. I - 12 Lori Riviere-Doersam, Planning Department, Region of Durham, advising nominations are being accepted until March 2, 2009, for the Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards, a program established to recognize individual or group efforts in six award categories who promote, preserve and enhance Durham’s natural environment. Nomination forms are available at www.region.durham.on.ca or by contacting Lori Riviere- Doersam at 905-668-7711. I - 13 Manny Sousa, Manager, Community and Government Relations, Enbridge Gas Distribution, providing information on the “Winter Warmth Fund”, a program designed to help low-income families and individuals who are having financial difficulties to pay their natural gas bill. Since the program’s inception in 2004, over 170 households in Durham Region have received financial assistance. Program details are available at www.enbridgegas.com/winterwarmth or by calling 905-686-2661. I - 14 Jean Major, Chief Executive Officer, Alcohol and Gaming Commission of Ontario (AGCO) responding to Council’s resolution requesting the AGCO to expedite its modernization of charitable gaming initiative, particularly as it relates to the application, reporting and administration process respecting break open tickets and raffles; advising that based on extensive stakeholder consultations, the AGCO released a document setting out the directions and priorities for implementing strategic changes to the charitable gaming framework, designed to enhance the competitiveness of the industry; indicating that since embarking on the modernization initiative in 2005, great strides have been made in terms of simplifying and streamlining the administrative process; acknowledging the Municipality’s concerns with the reporting process but advising of the necessity of having effective controls and event monitoring to ensure that funds being raised are directed to the intended charitable purposes; and, encouraging staff to continue to work with the AMCTO’s Charitable Gaming Project Team to explore further opportunities to ensure that charitable gaming remains a viable activity for Ontario’s charities and to strengthen the capacity of municipalities to meet their responsibilities under the new licensing framework. Council Meeting Minutes - 7 - January 26, 2009 I - 15 John O’Toole, MPP, Durham, advising he has written to Ontario’s Minister of Government Services to help ensure that the Municipality’s concerns regarding the streamlining of the process for licensing lotteries run by local charities are on record and requesting the Minister to provide an update on the progress that is being made towards streamlining and simplifying various lottery activities initiated by local charities. I - 16 Patrick (Sid) Ryan, President, CUPE Ontario and Maude Barlow, Voluntary National Chairperson, The Council of Canadians, advising of the “Unbottle It!” Bottled Water Educational Tour, a 15-city tour across Ontario from January 12 to 30, 2009, sponsored by the Council of Canadians and CUPE Ontario to encourage municipalities and other institutions to take practical action to “Unbottle It!” and to generate support for banning bottled water and strengthening public water infrastructure; and extending an invitation to Members of th Council to attend a town hall meeting on Wednesday, January 28 at 7:00 p.m. at the Heydenshore Pavilion in Whitby. I - 19 David L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association, registering the Association’s concern over the proposed tax rate increase and proposing that the Municipality of Clarington and the Region of Durham should strive for an increase as close to 0% as possible in recognition of these difficult economic times. I - 20 Rosemary Davies expressing concern that taxes in Clarington are too high and are affecting residents’ ability to keep and maintain their homes; that she believes that tax dollars are not being spent wisely; that large families will experience difficulties with the four-bag limit for refuse collection and that she is opposed to the use of clear garbage bags; and, suggesting that children should be taught about recycling at an early age and that the Municipality should consider increased education to encourage recycling. I - 21 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington, extending an invitation to participate in “Bowl for Kid’s Sake” to be held February 17 to 23, 2009 at Liberty Bowl, in support of Big Brothers & Sisters of Clarington programs. On-line registration and pledging is available at http://clarington.kintera.org/bowlforkids or bowlers may collect pledges and bring pledge money to the bowling alley on the day of bowling. In 2008, Big Brothers & Sisters of Clarington reached more than 350 children with their innovative and creative programs and are committed to serving more children in 2009. Council Meeting Minutes - 8 - January 26, 2009 I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated November 20, 2008. Resolution #C-023-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the minutes of the Clarington Traffic Management Advisory Committee dated November 20, 2008, be received for information. “CARRIED” I - 4 Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation, responding to the Municipality’s comments on the Highway 407 East EA as provided in Staff Report PSD-110-08 Resolution #C-025-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 4 from Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation, with respect to the Municipality’s comments on the Highway 407 East EA be received for information. “CARRIED” I - 5 Durham Regional Police Service Report summary of findings and recommendations concerning the Courtice Skate Park. Resolution #C-026-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Durham Regional Police Services be requested to provide a copy of the full report concerning the Courtice Skate Park to Mayor Abernethy and all Members of Council. “CARRIED” I - 7 The Honourable George Smitherman, Deputy Premier, Minister of Energy and Infrastructure writing to Mr. Michael Angemeer, President and CEO, Veridian Power, extending appreciation to Veridian staff for their efforts in assisting Hydro One in restoring power to more than 200,000 Ontarians over the holiday season. Council Meeting Minutes - 9 - January 26, 2009 Resolution #C-027-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the Mayor be requested to send a letter of appreciation, on behalf of Council and the residents of Clarington, to publicly thank Veridian staff for their efforts in assisting Hydro One in restoring power to more than 200,000 Ontarians over the holiday season. “CARRIED” I - 9 Adrienne Baltadjian, RD, MHSc, Public Health Nutritionist, Region of Durham, forwarding copies of the 2008-2009 Eat Smart! Dining Guide, listing the current Durham Region Eat Smart! Restaurant winners. The Eat Smart! Program is a provincial program designed to identify and award restaurants that have an excellent track record in food safety, have trained food handlers and offer a variety of healthier food choices. Resolution #C-028-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence I - 9 from Adrienne Baltadjian, RD, MHSc, Public Health Nutritionist, Region of Durham, with respect to the The Eat Smart! Program be received for information. “CARRIED” I - 10 John Periversoff, Manager, London Devilettes PeeWee B, writing to Rick Howe, Orono Arena, praising staff and the Orono Arena Board for the excellent ice conditions, cleanliness and maintenance of the building, and the professionalism and pride exhibited by staff in carrying out their duties; and advising they look forward to their next visit to the Orono arena. Resolution #C-029-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Mayor be requested to send a letter of appreciation to Pete Maartense and to staff of the Orono Arena to acknowledge the exceptional level of service they provide to arena patrons. “CARRIED” Council Meeting Minutes - 10 - January 26, 2009 I - 17 Ministry of Transportation advising the fifth round of Public Information Centres (PIC) concerning the 407 East Environmental Assessment (EA) and Preliminary Design Study Technically Preferred Route – Preliminary Design Plans will be held in Clarington on Tuesday, January 27, 2009, from 4:00 p.m. to 8:00 p.m. at the Garnet B. Rickard Recreation Complex in Bowmanville; indicating that the PIC will follow a similar “drop in” format as the previous PIC’s and will provide information on plans/drawings of the Technically Preferred Route (TPR) and crossing roads, recommendations and design for crossing roads (over, under or closure at the TPR), interchange locations and configurations, local road realignments associated with the TPR, railway and utility crossings, watercourse crossing treatments and mitigation strategies, potential watercourse realignments, stormwater management measures, management ponds, lighting requirements, potential mitigation measures/strategies (landscaping, noise walls, wildlife crossings, etc.) Community Value Plan (CVP) process and recommended plan, property requirements and impacts, property acquisition process and project update, schedule and next steps. Resolution #C-030 -09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence I – 17 from the Ministry of Transportation with respect to the fifth round of Public Information Centres (PIC) concerning the 407 East Environmental Assessment (EA) and Preliminary Design Study Technically Preferred Route – Preliminary Design Plans, be received for information. “CARRIED” I - 18 John O’Toole, MPP, Durham, writing to the Honourable James Bradley, Minister of Transportation, advising of a suggestion from Bowmanville residents to establish a decorative floral “gateway” on the eastbound and westbound Highway 401; requesting to be advised of the process for inclusion in a civic identity program for towns along the Highway 401 corridor; and, requesting an update concerning the Province’s plans to rebuild two Highway 401 interchanges at Bowmanville as a future beautification project may need to be considered in connection with future interchange improvements. Council Meeting Minutes - 11 - January 26, 2009 Resolution #C-031-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT a letter of support with respect to the establishment of a decorative floral “gateway” on the eastbound and westbound Highway 401 in Bowmanville, be forwarded to the Honourable James Bradley, Minister of Transportation, advising of Council’s support of this endeavour. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-032-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Items D - 4 and D - 8 be referred to the end of the Correspondence for Direction Section of the Agenda for consideration. “CARRIED” Correspondence Items D – 8 and D – 9 were received as handouts. Resolution #C-033-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT Correspondence Items D - 1, D - 2 and D - 3 be approved as per the agenda. “CARRIED” D - 1 Debbie Hunter, Office Administrator, MS Society, Durham Regional Chapter, Multiple Sclerosis Society of Canada, advising the 2009 Multiple Sclerosis Carnation Campaign will take place during Mother’s Day Weekend and requesting approval for tag days to permit the MS Society to sell carnations on Friday, May 8 and Saturday, May 9, 2009, in support of on-going research and assistance for persons with Multiple Sclerosis and their families. (Approved to sell carnations on May 8 and May 9, 2009) D - 2 Jack Oegema, Kinsmen Club of Bowmanville, requesting permission to have the Bowmanville Homeshow banner hung across Highway 2, west of the railway bridge, from April 13, to April 19, 2009. (Approved to install banner and Veridian to be advised) Council Meeting Minutes - 12 - January 26, 2009 D - 3 William Krueger, Coordinator, Fundraising Events, MS Walk, MS Society of Canada, requesting permission to hold the 2009 Bowmanville Super Cities Walk for MS on Sunday, April 19, 2009 beginning at 9:40 a.m. at the Bowmanville High School; forwarding a copy of the proposed 5km and 10km Walk route maps and requesting to be informed of any construction plans that may interfere with the routes. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Carolyn Downs, City Clerk, City of Kingston, advising Council that on January 6, 2009, the City of Kingston adopted the following resolution pertaining to Christmas Wrapping Paper: “WHEREAS the City of Kingston has established a goal to increase its waste diversion rate to 65% by 2012; AND WHEREAS, despite the fact that the Christmas holidays are supposed to be a time of peace and goodwill, the waste sent to landfill as a result of our actions over the Christmas holidays increases due to the excessive packaging of gifts and the fact that most wrapping paper is not recyclable. As a result, it could be argued that our actions in this regard are not in keeping with the spirit of the holidays; AND WHEREAS, in December 2008, the City of Toronto approved report PW20.1 entitled “Proposed Measures to Reduce In-Store Packaging Waste and Litter, Municipal Hazardous and Special Waste and Plastic Water Bottles”, which includes the establishment of a working group to explore options available to reduce excessive packaging. THEREFORE BE IT RESOLVED THAT the City of Kingston requests that the federal and provincial governments develop legislation requiring that all wrapping paper sold and manufactured within their respective jurisdictions be recyclable, with a goal to establish an eventual ban on the sale and use of non-recyclable wrapping paper within their respective jurisdictions; BE IT FURTHER RESOLVED THAT staff develop a communications strategy to be implemented prior to Christmas 2009, encouraging Kingstonians to adopt more environmentally-friendly practices regarding gifts including but not limited to: Council Meeting Minutes - 13 - January 26, 2009 a. Using recyclable paper to wrap gifts, or reusable gift bags, instead of non-recyclable wrapping paper b. Reusing reusable gift bags before purchasing new ones c. Encouraging citizens to purchase gifts from manufacturers, companies and retailers who sell products that do not use excessive packaging d. Encouraging local retailers, suppliers and businesses to use their influence to encourage manufacturers and companies to reduce excessive packaging in their products e. Encouraging local retailers and suppliers of non-recyclable wrapping paper to use their influence to encourage manufacturers of non-recyclable wrapping paper to develop and sell only recyclable wrapping paper; AND FURTHER THAT such strategies including financial considerations be referred to Environment, Infrastructure and Transportation Policies Committee (EITP) for consideration and recommendation to Council; AND FURTHER THAT staff monitor the work of the Packaging Reduction Working Group of the City of Toronto and the work of other municipalities in regards to packaging reduction in order to develop recommendations for action that could be taken by the City of Kingston in the future to reduce excessive packaging in the City of Kingston; AND FURTHER THAT the Kingston Environmental Advisory Forum (K.E.A.F.) be requested to consider this resolution and provide input to staff and the Environment, Infrastructure and Transportation Policies Committee on the matters outlined herein; AND FURTHER THAT a copy of this resolution be forwarded to Prime Minister Stephen Harper, Premier Dalton McGuinty, Hon. Hugh Segal, Senator for Kingston, Frontenac, Leeds, Hon. Peter Milliken, M.P. for Kingston and the Islands, Hon. John Gerretsen, M.P.P. for Kingston and the Islands, the provincial and federal ministers and party critics responsible for the Environment, Industry, Trade, Consumer Affairs, Science and Technology, FCM, AMO and all municipalities on our regular information and endorsement distribution list.” Council Meeting Minutes - 14 - January 26, 2009 Resolution #C-034-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the City of Kingston with respect to Christmas wrapping paper be received for information. “MOTION WITHDRAWN” Resolution #C-035-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution from the City of Kingston with respect to Christmas wrapping paper be referred to the Clarington Living Green Community Advisory Committee. “CARRIED” D - 6 Angie Darlison, Executive Director, and Peter Evans, President, Clarington Older Adult Association (COACB) writing to the Elderly Persons Centres Programs Branch, Community Services, Ministry of Health and Long-Term Care forwarding documentation in support of the Clarington Older Adult Association’s Application for Approval under the Elderly Persons Centres Act for Municipally-Operated Centres. Resolution #C-036-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Council of the Municipality of Clarington support the Clarington Older Adult Association’s Application for Approval under the Elderly Persons Centres Act for Municipally-Operated Centres. “CARRIED” D - 7 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, advising Council that the Agricultural Advisory Committee of Clarington adopted the following resolution pertaining to an amendment to the Highway Traffic Act: “WHEREAS the Highway Traffic Act of the Province of Ontario in Section 122 sets out the weight restrictions for reduced load periods and the exceptions to this restrictions; and Council Meeting Minutes - 15 - January 26, 2009 WHEREAS one of the exceptions is for vehicles used exclusively for the transportation of milk; and WHEREAS there are other perishable products that need to be transported onto and off of farms during the season when reduced load periods are in force; and WHEREAS there are essential farm inputs necessary for the ongoing production and viability of farming; and WHEREAS the number of truck trips for these products are limited by the amount of production capacity; and WHEREAS the Provincial government is supportive of the agricultural industry which is vital to the economy of Ontario, the local production of food and food security; NOW THEREFORE BE IT RESOLVED THAT the Highway Traffic Act, Section 122 be amended to include as an exemption vehicles used for the transport of perishable commodities and essential farm inputs; AND FURTHER THAT this resolution be circulated to all members of the Association of Municipalities of Ontario for endorsement.” Resolution #C-037-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the Agricultural Advisory Committee of Clarington with respect to an amendment to the Highway Traffic Act, Section 122 be endorsed. “CARRIED” D - 9 Michael Patrick, President, Clarington Board of Trade, advising of forecasted challenges facing the Municipality of Clarington, the Region of Durham and the Province of Ontario regarding the availability of skilled trades and professionals; indicating the time is now for Clarington to begin working on solutions to this challenge and to explore opportunities to bring post secondary education to the community which will assist in attracting stable and skilled jobs to the community; and, requesting Council to consider forming a committee of Council to explore opportunities for Clarington to secure a future satellite site for Durham College and/or UOIT. Council Meeting Minutes - 16 - January 26, 2009 Resolution #C-038-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Correspondence Item D - 9 from Michael Patrick, Clarington Board of Trade, be referred to the Director of Planning Services for recommendation to Council to determine the mandate of the Committee, terms of reference and Committee structure. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Correspondence Items D - 4 and D - 8 as these matters deal with the compliance audit issue related to the 2006 municipal election. Mayor Abernethy vacated the Chair and refrained from discussion and voting on these matters. Deputy Mayor Trim chaired this portion of the meeting. D - 4 Don Prout, Cynthia Prout, Sean Kean and George Van Dyk advising that the Institute of Chartered Accountants of Ontario has determined that the compliance audit performed by James Horn, Chartered Accountant, of former Mayor John Mutton’s financial statement is negligent; requesting the compliance audit of former Mayor John Mutton’s financial statement granted by Council in 2007 be tendered and performed as soon as possible; forwarding a list outlining all issues the applicants feel require the auditor’s attention; and, requesting council to pay the professional fees incurred by the applicants to dispute the debt incorrectly assessed by Council and to prove the auditor’s negligence and to seek repayment of costs from the auditor. Resolution #C-039-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D – 4 from Don Prout, Cynthia Prout, Sean Kean and George Van Dyk with respect to the Compliance Audit of former Mayor John Mutton’s financial statement be referred to the Municipal Clerk. “CARRIED” D - 8 Don Prout and George Van Dyk responding to correspondence from the Municipal Clerk dated January 20, 2009, clarifying that the applicants are not requesting a second audit to be conducted on the financial statement of former Mayor John Mutton, but that the audit approved by Council on June 25, 2007 be performed as required by the Municipal Elections Act, as to date, no valid audit has occurred. Council Meeting Minutes - 17 - January 26, 2009 Resolution #C-040-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D – 8 from Don Prout and George Van Dyk with respect to the compliance audit of former Mayor John Mutton’s financial statement be referred to the Municipal Clerk. “CARRIED” Mayor Abernethy resumed the Chair. COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 16, 2009. Resolution #C-041-09 Moved by Councillor Hooper, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of January 16, 2009 be approved, with the exception of Item #2. “CARRIED” Item #2 2009 CURRENT AND CAPTIAL BUDGET Councillor Foster stated a declaration of pecuniary interest concerning Item 2 of Report #1 with respect to the grant for the Visual Arts Centre (VAC) as the Visual Arts Centre of Clarington is a client of Argosy, his employer. Councillor Foster refrained from discussion and voting on this matter. Resolution #C-042-09 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report FND-001-09 be received; THAT Council approve the base 2009 Operating and Capital Budgets as outlined in Schedule “A” to Report FND-001-09, at an estimated tax levy impact of 1.30% (exclusive of tax policy impacts), as directed in FND-001-09; Council Meeting Minutes - 18 - January 26, 2009 THAT Council approve the following amendments to the 2009 Operating and Capital Budgets: ? delete Capital Project 5000-8225-09001 - $30,000; ? increase Cemetery Revenue account by $5,000; ? delete Capital Project 4000-8180-08100 - $20,000; and ? increase Sports Field Rentals Revenue account by $5,000; THAT Council approve the items listed as added funding levels related to growth or new services excluding staffing levels as itemized in Schedule “B” attached to Report FND-001-09, with the following amendments: ? $10,000 for the Employee Wellness be denied; and ? $1,000 for Applefest Transit be approved; THAT Council approve the grants for External Agencies per their requests itemized in Schedule “C” attached to Report FND-001-09, with the following amendments: ? $20,000 for Newcastle Library operating budget be approved; and ? $15,000 Municipal Grant Program Realignment be denied; That Council defer staffing changes to the 2010 budget year as shown on Schedule “D” to Report FND-001-09, as option 1, be approved with the following amendments: ? one staff member from Engineering Services be realigned and reclassified; and ? two (2) new full-time firefighters be approved to commence no earlier than November, 2009; THAT Schedules “E”, “F”, and “G” outlining Reserve and Reserve Fund Contributions, attached to Report FND-001-09, and new Reserve Funds be approved; THAT approximately $1,000,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; THAT the financing of capital projects, as outlined in the document attached to Report FND-001-09, be approved; THAT the external agencies, referred to in Schedule “C” attached to Report FND-001-09, be advised of Council’s decision regarding their grant request; THAT for 2009, the net proceeds from the Mayor’s Golf Tournament be directed to the Ganaraska Region Conservation Authority – New Forest Centre; THAT the capital request from the Clarington Museums and Archives for $23,000 from the Bowmanville Museum Reserve Fund be approved; Council Meeting Minutes - 19 - January 26, 2009 THAT the overall tax levy for 2009 be 2.22%; and THAT the appropriate By-laws to levy the 2009 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. “CARRIED AS AMENDED” (See following motions) Resolution #C-043-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT the foregoing Resolution #C-042-09 be amended as follows: ? Paragraph 6 be amended by adding the following: ? $40,500 be included to allow for the hiring of a Records/Election Co- ordinator in the Municipal Clerk’s Department, based on 50% for 2009, and that the Municipal Clerk investigate methods of implementing the position. ? Paragraph 13 be amended by deleting the figure 2.22% and substituting it with the figure 2.35%. “CARRIED” Resolution #C-044-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the foregoing Resolution #C-042-09, as amended, be further amended as follows: ? THAT the Marketing/Tourism Advertising revenue be increased by $7,000 and the Communications/Tourism Corporate Advertising account be increased by $7,000. “CARRIED” Council Meeting Minutes - 20 - January 26, 2009 Resolution #C-042-09 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Councillor Foster stated a declaration of pecuniary interest concerning the grant for the Visual Arts Centre (VAC) as the Visual Arts Centre of Clarington is a client of Argosy, his employer. Councillor Foster refrained from discussion and voting on this matter. Resolution #C-045-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT Council approve the grant request for the Visual Arts Centre itemized in Schedule “C” attached to Report FND-001-009, with the following amendment: ? $15,000 increase to the Visual Arts Centre account. CARRIED” Resolution #C-046-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of January 19, 2009 be approved, with the exception of Items #2 and #14. “CARRIED” Councillor Hooper stated a pecuniary interest with respect to Item #2 of Report #2 as his parents are residents of the Wilmot Creek Community. Councillor Hooper refrained from discussion and voting on this matter. Council Meeting Minutes - 21 - January 26, 2009 Item #2 Resolution #C-047-09 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-010-09 be received; THAT the rezoning application submitted by Ridge Pine Park Inc. on behalf of Canadian Apartment Properties REIT be approved and that the Zoning By-law Amendment as contained in Attachment 1 to Report PSD-010-09 be adopted by Council; THAT a By-law attached to Report PSD-010-09, to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a Site Plan Agreement; and THAT all interested parties listed in Report PSD-010-09, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council’s decision. “CARRIED” Item #14 Resolution #C-048-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Peter de Jong, Sierd De Jong and Linda Franssen be appointed to fill the three vacant positions on the Newcastle Village Community Hall Board, for a two-year term. “CARRIED” STAFF REPORT(S) There were no reports considered under this section of the Agenda. BUSINESS ARISING FROM NOTICE OF MOTION There was no business arising from Notice of Motion considered under this section of the Agenda. Council Meeting Minutes - 22 - January 26, 2009 UNFINISHED BUSINESS Resolution #C-049-09 Moved by Councillor Robinson, seconded by Councillor Hooper WHEREAS area doctors are concerned that a shortage of critical staff, specifically specialists in internal medicine, could significantly impact the quality of care provided at Lakeridge Health, Bowmanville; AND WHEREAS local family doctors have concerns about the future of surgery at the Bowmanville site; AND WHEREAS the area doctors are concerned that the situation could turn Bowmanville into little more than a “treat-and-transfer” hospital from which patients requiring specialty services like surgery or internal medicine would simply be sent to Oshawa: NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington support the area doctors in their effort to maintain the full staffing complement of on-site services that assist Emergency Room/General Medicine and General Surgery (i.e. Internists, Surgeons, Anaesthetists, SCU, etc.) at the Bowmanville site; THAT the CEO of Lakeridge Health Corporation, Kevin Empey, the Chairman of the Board of Lakeridge Health Corporation, Doug Allingham and the Chair of the Board of Directors CELHIN, Mr. Foster Loucks be invited to clearly present their vision for the Central East LHIN’s, the vision for Lakeridge Health Corporation and how Lakeridge Health Bowmanville fits into the overall vision; and THAT this resolution be forwarded to the Ministry of Health, Lakeridge Health, all Durham Region MPPs and the Region of Durham. “CARRIED” BY-LAWS Councillor Hooper stated a pecuniary interest with respect to By-law 2009-010 as his parents are residents of the Wilmot Creek Community. Councillor Hooper refrained from discussion and voting on By-law 2009-010. Council Meeting Minutes - 23 - January 26, 2009 Resolution #C-050-09 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2009-010 to 2009-017 inclusive; 2009-010 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc. on behalf of Canadian Apartment Properties Reit) 2009-011 Being a by-law to establish certain lands as public highway, assume them for public use and name them 2009-012 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2009-013 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2009-014 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2009-015 Being a By-law to establish certain lands as public highway, assume them for public use and name them 2009-016 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kendal Community Association for the lease of Kendal Community Centre, 6742 Regional Road 18, Kendal, ON 2009-017 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Morrison Hershfield, Toronto, Ontario, to enter into agreement for the Peer Review for Darlington New Nuclear Build; 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. Council Meeting Minutes - 24 - January 26, 2009 OTHER INFORMATION Councillor Hooper thanked staff for circulating the memo reminding owners of older buildings in the downtown core of the potential of melting ice falling from the buildings. He suggested the information also be sent to the Orono and Newcastle BIAs. Councillor Trim presented Nancy Taylor, Director of Finance/Treasurer with a token pair of wooden work boots to acknowledge her efforts in the preparation of the 2009 Municipal Budget. Deputy Mayor Trim chaired the remainder of the meeting. CONFIRMING BY-LAW Mayor Abernethy and Councillors Foster and Hooper stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-051-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT leave be granted to introduce By-law 2009-018, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 26 day of January 2009; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” ADJOURNMENT Resolution #C-052-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 9:10 p.m. “CARRIED” ________________________ _______________________ MAYOR MUNICIPAL CLERK