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Council Meeting Minutes
MARCH 2, 2009
Minutes of a regular meeting of Council held on March 2, 2009, at 7:00 p.m., in the
Council Chambers.
Councillor Robinson 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
Parks Supervisor, B. Genosko
Director of Finance, N. Taylor
Director of Corporate Services and Human Resources, M. Marano
Solicitor, D. Hefferon
Fire Chief, Fire and Emergency Services, G. Weir
Clerk II, Ellen Atkinson, attended until 10:30 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Correspondence Item D - 10.
ANNOUNCEMENTS
Councillor Novak announced the following events:
• She attended the Clarington Board of Trade dinner at which Regional Chair
Anderson presented his annual update
• The Site Liaison Committee will be meeting on March 4, 2009, at 7:00 p.m.
Subsequent meetings are scheduled for April 29, May 20 and June 23
• A public information session on the Growth Plan will be held on March 9 in the
Council Chambers
Council Meeting Minutes - 2 - March 2, 2009
Councillor Trim announced the following:
There are four public information sessions regarding the new waste collection
schedule planned for March 9 at the Garnet B. Rickard Recreation Complex,
March 10 at the Newcastle Community Hall, March 23 at the Orono Town Hall
and March 26 at the Courtice Community Complex. All of the sessions run
from 6:00 p.m. to 8:00 p.m.
Durham Region achieved the highest rate for waste diversion in 2007 at 47.7%,
compared to York Region at 45.72%, Toronto at 42.79%, Peel Region at
40.61 % and Halton Region at 36.88%
Councillor Woo announced the following:
This past Thursday he attended a ceremony at the Legion 178 Branch in
Bowmanville celebrating the first brush stroke of a military mural depicting
Canada's greatest military moments by Todd Tremeer
Saturday, February 28 was the 15th annual Chicken Pie Dinner and Auction at
the Tyrone United Church
The deadline for purchasing Lakeridge Health Bowmanville memberships was
February 28; the number of memberships purchased this year has surpassed
the number ever purchased
Mayor Abernethy advised he attended a meeting today with other Durham Region
Mayors and Foster Loucks, Chairman of the Board of Directors of the Central East
Local Health Integration Network (CHIN) and received an overview of the LHIN's
Hospital Clinical Services Plan. The Plan's vision is "one acute care network".
Mr. Loucks has agreed to present this Plan to Durham Council on April 1, 2009, and
he will attempt to attend all Councils in Durham Region. The Municipality did extend
an invitation to Mr. Loucks to attend Clarington Council a few weeks ago. There is a
60 day public review period which commenced February 17, 2009, providing the
public and special interest groups with the opportunity to express their thoughts to the
LHIN's Board of Directors. Mr. Loucks has also agreed to attend a subsequent Joint
Meeting with the Mayors of Clarington and Scugog along with two acute care
providers from the Bowmanville and Port Perry hospitals.
Mayor Abernethy advised he attended the Canadian Nuclear Association Conference
in Ottawa. It was an excellent conference and trade show. Ontario Power Generation
provided information on the Nuclear New Build at Darlington.
MINUTES
Resolution #C-086-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on February 9, 2009, be
approved.
"CARRIED"
Council Meeting Minutes - 3 -
PRESENTATIONS
March 2, 2009
John O'Toole, MPP, Durham, addressed Council to present his Annual Update from
Queen's Park. Mr. O'Toole indicated that the two major issues on everyone's mind is
the economy and health care. He stated that it is important for the Province to move
forward with the Highway 407 project and expressed thanks to Doug Allingham for the
work completed on the public information centres. Mr. O'Toole believes that it will be
impossible to meet the 2013 deadline which has been placed on the project. Lower-
tiergovernments have expressed dissatisfaction with funding arrangements through
initiatives such as the Federal Gas Tax and he indicated that the Province's method of
distribution is unfair. Mr. O'Toole advised of the various pieces of legislation which
are currently before the House, ie, Bill 150, Cosmetic Pesticide Act and Bill 126. He
commended members of the community for responding on the issue of Camp 30. Mr.
O'Toole indicated that the Province wishes to work as a partner with the Municipality.
Roger Anderson, Chair, Regional Municipality of Durham addressed Council to
provide an update on Regional activities, highlighting the following 2008
achievements:
• Opening of the new Courtice Water Pollution Control Plant, the Region's largest
capital project to date at $163 million
• Assisting in the hosting of the Special Olympics at the UOIT/Durham College
campus
• Durham Region Transit ridership reached the 20 millionth passenger in
September
• Durham Region officially recognized by UOIT for its contribution to the
university by naming a walkway "The Durham Promenade"
• New Materials Recycling Facility recognized with both Provincial and North
American Awards for recovery systems excellence
• Plastic Bag recycling partnership with grocers received Provincial award
• Study of new subdivision in Ajax reveals that significant savings are available to
homeowners who install energy and water efficient fixtures and appliances
• Participated in "Earth Hour"
• Adopted New Regional Tree By-law
• Offered a series of Green Tourism Workshops and recognized in November for
participation in the GTA-wide Smart Commute Program
• Launch of high speed broad band Internet service in northern communities
• Approved a Revitalization Program to complement local Community
Improvement Plans
• Conducted Economic Development Workshops on doing business in Alberta
and in Global Markets
• Hosted forums exploring sustainability, transportation energy innovations and
ways to generate prosperity in the Region
• The Gates Open-Savour Durham Event promoting locally-grown food, bed and
breakfasts and restaurants was very successful and will be repeated in 2009
Council Meeting Minutes - 4 - March 2, 2009
• Many initiatives supported the objective of a healthy, safe and caring
community including recognition of Eat Smart Awards, DineSafe Durham, the
development of a newcomer and diversity strategy to ensure immigrants
arriving in Durham take part in our economy and community, Youth in Action -
Grade 11 Leadership Program, the Grade 5 Action Pass to promote physical
activity and participated in "Take Our Kids to Work" Day
• Commenced construction of 131 new affordable rental housing units
• Fairview Lodge and Lakeview Manor recognized with accreditations from
national standards bodies
• Regional staff raised $163,000 for the United Way
• Successful emergency management exercises were conducted with all eight
area municipalities
• Public Alerting System tested
• Hosted Emergency Management Symposium with all partners
Chair Anderson reviewed Key Challenges/Focus for 2009 including:
• Social Assistance costs are on the rise - $70 million in benefits were issued in
2008 and an extra $800,000 has been included in the 2009 Budget in view of
the grim state of the economy
• 2009 Capital Budget includes new ambulance stations in Courtice and
Pickering and a new Police Station in Clarington
• 2009 planned expenditure on roads is approximately $52 million
• 2009 Water and Sewer Capital budget is more than $83 million
• Regional staff are drafting new policies for the Regional Official Plan (ROP) and
launching the Planning Act process to consult on proposed amendments.
Public Information Sessions will be held in March (March 9t" in Clarington).
The target is to have the ROP amendment before Regional Council in early
June to meet the Province's deadline for compliance
• Renewal of Water and Waste Water Master Plan to help prepare for population
and employment growth
• Planning for Seaton community is progressing
• Investment continues in key corridors such as Taunton, Bayly-Victoria-Bloor
and Brock Road
• EA for widening of Bayly/Victoria Street in Ajax and Whitby is anticipated to be
completed this spring
• Completion of widening of Taunton Road between Westney Road and Church
Street
• Commencement of Phase 1 of the Highway 2 Rapid Transit Project
• Submission of the EA for the proposed Energy-from-Waste Facility anticipated
to be sent by mid-year
• Inaugural meeting of Durham Region Roundtable on Climate Change held in
February. Staff is engaged with all five conservation authorities in Durham to
develop the assessment reports as required under the Clean Water Act
• Staff are reviewing the Green Energy Act for impacts on the Region
Council Meeting Minutes - 5 - March 2, 2009
• Regional Council has approved a renewed Durham Region Strategic Plan
which includes a focus on sustainability and will guide the Region's business
plans and decisions
Chair Anderson advised the cost of Ontario Works (OW) benefits will be uploaded to
the Province over an eight-year period beginning in 2011 and Court security costs will
also be uploaded in phases to the Province beginning in 2012. While social housing
was not uploaded, the Province has provided $2.9 million to be used for emergency
repairs to non-profit housing facilities. The federal budget included funding for social
housing repairs, energy retrofits and new construction. The Region received $28
million to be used for a wide variety of infrastructure projects in 2009 under the
distribution of Provincial 2007108 surplus funds and as a result, Durham's Road
Rehabilitation budget has been increased by $9.1 million, $2.8 million has been
allocated to the replacement of the Courtice Road bridge, $2.1 million will enable the
Region to upgrade the Corbett Creek Water Pollution Control Plan and to retire the
aging Pringle Creek plant, the balance will be used to upgrade HVAC systems and
Fairview Lodge and start preliminary work on a Highway 2 Rapid Transit Line.
Chair Anderson summarized by stating despite the harsh economic news, the Region
is making plans for a brighter future and encouraged citizens to look ahead with
optimism, ingenuity and anticipation. He stated by working together Durham Region
can emerge from the economic downturn with a stronger, more diverse Regional
economy.
Pat McNeil, Sr. VP Generation Development, Ontario Power Generation (OPG)
addressed Council to present an update on the New Nuclear Build at Darlington.
Through use of a PowerPoint presentation, Mr. McNeil provided an update on the
project and major milestones, the Environmental Assessment and preliminary results,
OPG's spring communications and consultation plans and next steps in the process.
Mr. McNeil advised the project is to construct and operate a new nuclear power plant
at the existing Darlington site with OPG submitting an Environmental Impact
Statement (EIS) and license application for up to four nuclear units and up to 4,800
MW and for OPG to be the operator of the site. He advised three vendors - AREVA,
AECL and Westinghouse are participating in the competitive process lead by
Infrastructure Ontario. Once bids are received they will be reviewed and evaluated
and a preferred vendor will be identified.
Gord Lee, Arena Board Chair, Newcastle Arena Board advised Council of renovations
which have been completed at the arena and presented a cheque to Mayor Abernethy
and Nancy Taylor, Director of Finance/Treasurer in the amount of $30,000 for
payment toward their loan. The balance remaining on the loan is $119,463.
Amy Burke, Chair, Clarington Living Green Community Advisory Committee and
Madison Stange, Youth Committee member, reviewed the mandate of the committee
and provided an update of the committee's achievements to date as well as their 2009
workplan. They requested Council's support of their initiatives for Earth Hour 2009.
Council Meeting Minutes - 6 - March 2, 2009
Resolution #C-087-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to permit the introduction of a motion
pertaining to "Earth Hour" at this time.
"CARRIED"
Resolution #C-088-09
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS climate change is an environmental threat to our planet and a concern for
Canadians;
WHEREAS at exactly 8:30 p.m. March 28, 2009, towns and cities around the world
will turn off their lights for one hour to raise awareness about climate change and to
symbolize that, working together, the people of the world can make a difference in the
fight against global warming;
WHEREAS in 2007, almost 203 million Sydney residents participated in Earth Hour -
including more than 2,100 businesses -resulting in a 10% reduction on the electrical
grid, saving 25,000 tonnes of carbon dioxide -the equivalent of taking about 50,000
cars off the road for one hour;
WHEREAS Clarington outperformed all other municipalities in the Durham Region in
2008 with an impressive 7.7% reduction in energy consumption during Earth Hour;
WHEREAS the Clarington Living Green Committee has proposed that Clarington
citizens join the worldwide effort again in 2009;
WHEREAS participating in this historic event sends a powerful message to every
citizen and business around the world that it's possible to take action on climate
change and that switching off our lights is just one simple action we can take to help
make a difference;
WHEREAS the goal is to educate the community on the threat of climate change and
how each individual and business can make a difference every day; and to get as
many individuals, households, and businesses as possible to turn off their lights as a
symbolic statement that now is the time to take action on climate change;
WHEREAS participating in this historic event sends a powerful message to every
citizen and business that the Municipality of Clarington cares about our planet and is
willing to take a leadership position against climate change and global warming;
Council Meeting Minutes - 7 - March 2, 2009
THEREFORE BE IT RESOLVED by the Council of the Municipality of Clarington as
follows:
THAT at 8:30 p.m. on March 28, 2009, the Municipality of Clarington will join other
communities around the world in literally "turning out the lights" by shutting off all non
essential lighting in all facilities, where feasible, and without jeopardizing safety, for
one full hour;
THAT to be formally recognized around the world as an Earth Hour participant, the
appropriate staff register at wwf.ca/Earth Hour, the official website for this initiative;
THAT the Municipality of Clarington's participation in Earth Hour be widely promoted
and publicized in order to raise awareness about this important issue and in order to
encourage every individual, household and business in Clarington, and beyond, to join
in by turning off their lights for one hour at 8:30 p.m. on March 28, 2009; and
THAT a copy of this Resolution be forwarded to every municipality in the Regional
Municipality of Durham, encouraging them to participate in Earth Hour.
"CARRIED"
Resolution #C-089-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Council recess for fifteen minutes.
"CARRIED"
The meeting reconvened at 9:30 p.m.
DELEGATIONS
Edgar Lucas, Chairman, Bowmanville Business Centre addressed Council concerning
Correspondence Item I - 50 -Beautification of Downtown Bowmanville. Mr. Lucas
stated Rekker Garden Centre is no longer able to provide the free watering service for
the decorative hanging baskets in downtown Bowmanville during the summer. He
stated the BIA has funds to purchase the flowers, but without help from the
municipality for the maintenance, they will not be able to have the flowers in the
downtown this year. Mr. Lucas stated they have investigated costs and the price
ranges anywhere from $7,500 to $10,000 and due to other downtown events,
merchants do not feel that they can provide this service.
Council Meeting Minutes - 8 - March 2, 2009
Linda Gasser addressed Council regarding Correspondence Item D - 25 -
Durham/York Environmental Assessment proposal for the Energy From Waste
Facility, expressing concern that the Project Team for the Energy-From-Waste EA is
not keeping the website up-to-date and that interested persons have experienced
difficulty accessing pertinent information. Ms. Gasser requested Council's assistance
in requesting that Project Team ensure that information is readily available in a timely
manner and that the number of meetings be increased.
Wendy Bracken addressed Council concerning Item 6 of Report # 1 - St. Marys
Cement Application for Alternative Fuel Demonstration Project, advising she is
opposed to the testing noting the alternative fuels identified are residual plastic films,
paper sludge and residual plastic material and as this has never been done before in
Ontario, there are no regulations on the practice. Ms. Bracken expressed concern
that burning plastics and materials that contain heavy metals produce toxic emissions,
increases the risk of dioxin and furan formation as well as the formation of other toxic
organic compounds. She noted that the total chlorides and chlorine are present at
higher levels in the alternative fuels being proposed than in conventional fuels and
have greater concentrations of some toxic heavy metals than current fuel. Ms.
Bracken feels the proposed monitoring during the test is inadequate as some of the
most toxic emissions such as dioxins and furans cannot be monitored in real time.
Ms. Bracken expressed concern that many people who attended information nights
last summer and requested to be informed of the application and EBR posting,
however very few members of the public were aware of this application to do a test
burn and deadline for comments by March 7th. Ms. Bracken urged Council to consider
this application to be more than a planning matter and to regard it as a public health
matter by the Municipality.
COMMUNICATIONS
Resolution #C-090-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items 1 - 3, I - 7 to I - 23, I - 27, I - 33, I - 36, I - 37, I - 40, I - 45, I - 47,
I - 48, and I - 50.
"CARRIED"
I - 1 Minutes of the Clarington Heritage Committee dated January 20,
2009.
I - 2 Minutes of the Tyrone Community Centre Executive Board dated
January 21, 2009.
I - 4 Minutes of the Clarington Compost Facility Community Relations
Committee dated January 15, 2009.
Council Meeting Minutes - 9 - March 2, 2009
I - 5 M. Bourque, Executive Correspondence Officer, Office of the Prime
Minister, acknowledging receipt of Council's correspondence
concerning the Building Canada Fund; advising Clarington's
comments have been carefully noted; and noting that a copy has
been forwarded to the Honourable John Baird, Minister of Transport,
Infrastructure and Communities for his information.
I - 6 John Maaskant, Ontario Farm Animal Council, (OFAC) anon-profit
education group dedicated to providing answers to questions about
food and farming; advising of apolitically-motivated U.S. based
animal rights group who are conducted a campaign to get Canadian
municipalities to pass resolutions on egg choices, and recommending
that before Council passes such a resolution, information be obtained
from the Egg Farmers of Ontario to help make an informed decision;
forwarding a copy of their award winning booklet "The Real Dirt on
Farming" which provides answers to commonly asked questions; and,
advising a representative would be pleased to help arrange a local
farm tour to provide an update on modern farming in Ontario.
I - 24 AI Strike, Rotary Club of Bowmanville, extending appreciation to
Mayor Abernethy for presenting information to the Rotary Club of
Bowmanville on Clarington's sources of revenue and annual
expenditures and problems and issues facing Council; and, indicating
that Mayor Abernethy's explanation of not using existing municipal
reserves to stay with a "0" budget increase to preserve reserves for
future unforeseen events is a wise precaution.
I - 25 Larry O'Connor, Mayor, Township of Brock, announcing the
appointment of Kathryn McCann as the Township of Brock's first
Chief Administrative Officer, a position created as a result of the
retirement of George S. Graham, Clerk-Administrator in 2008, splitting
the Clerk and Administrator functions.
I - 26 Gary W. McNeil, Managing Director & CEO, GO Transit, advising of
the development of GO Transit's Strategic Plan - GO 2020, a plan
including a number of visions, goals and strategies that will guide GO
in achieving its objectives through to the year 2020 in delivering high-
quality transit service throughout the Greater Golden Horseshoe,
excellent customer service, and actively contributing to "green"
development; forwarding a copy of the Strategic Plan - GO 2020
document and accompanying highlights brochure "GO forward" and
the "Year in Review 2007-08" highlighting the many improvements
and achievements of GO Transit from the past fiscal year; and,
advising that GO will provide updates about their accomplishments as
they continue to grow and become the preferred choice for
interregional travel in the Greater Golden Horseshoe.
Council Meeting Minutes - 10 - March 2, 2009
I - 28 Iryna Shulyarenko, Hydrologist, Kawartha Conservation, advising a
copy of the 2009 Flood Contingency Plan has been forwarded to the
Municipality of Clarington providing information on the roles and
responsibilities of Kawartha Conservation and its partners in
preparing for and responding to flood events, providing an overview of
procedures and communication during a flood, including information
on sandbag manufacturers and the location of Sand Depots, and key
contact information; and, indicating that Kawartha Conservation is
holding a Flood Forecasting and Warning Session for municipal
emergency staff on March 4, 2009 to provide an overview of the
KRCA's flood forecasting system and responsibilities, and to ensure
clear communication and continued cooperation between agencies
during flood emergencies.
I - 29 Brock Carlton, Chief Executive Officer, Federation of Canadian
Municipalities (FCM), advising since 1982 FCM has awarded the Roll
of Honour to individuals who have made an outstanding contribution
to the Federation and municipal governments in Canada; forwarding
the 2009 FCM Roll of Honour criteria and procedures; and, requesting
nominations be forwarded to honour(a~fcm.ca before April 6, 2009.
Award presentations will be made at the FCM Annual Conference in
Whistler, B.C.
I - 30 Mirka Januszkiewicz, Director of Waste Management Services,
Region of Durham, advising of changes to waste collection service
effective March 31, 2009; advising the new levels of service will
include weekly curbside collection of blue box recyclables and
biweekly curbside collection of non-hazardous garbage with a four (4)
bag limit plus $1.50 user pay bag tags over this limit, acall-in service
for biweekly collection of bulky and metal goods; indicating there will
be no changes to the existing weekly curbside collection of green bin
organics, seasonal curbside collection of leaf and yard waste and
Christmas trees; and, advising that staff will be initiating a
communication plan shortly to announce these new changes to
ensure minimal impacts to Clarington residents. Further information
is available by calling 1-800-667-5671 or by accessing the Region's
website at www.durhamregionwaste.ca.
I - 31 Scott Lewis, Communications Manager, Canada Post Corporation,
advising of the final results of the assessment of 102 rural mailboxes
for RR # 2 and RR#3 in Clarington and indicating 43 boxes required
no modification, 7 were required to be moved to safer locations and
49 were centralized into community mailboxes and indicating there
were two addresses where there were no rural mailboxes.
Council Meeting Minutes - 11 - March 2, 2009
I - 32 Eva Ligeti, Executive Director, Clean Air Partnership, forwarding a
copy of the 2008 GTA Clean Air Council Declaration on Clean Air
endorsed by GTA-CAC members at the June 2008 Smog Summit;
outlining a joint workplan for the GTA-CAC targeting the following
areas: energy conservation, green procurement, active
transportation, renewable energy and green development;
demonstrating that local governments are making significant progress
in making their jurisdictions more competitive and greener;
highlighting emerging issues for ongoing collaboration and capacity
building; and, extending an invitation to attend the 10th Smog Summit
on Wednesday, June 3, 2009, to promote clean air and climate
change activities and to celebrate the work of all GTA-CAC members
in making the GTA cleaner, greener and more livable.
I - 34 John R. O'Toole, MPP, Durham, thanking Mayor Abernethy for
attending the Economic Round Table held February 3, 2009; advising
of a number of key initiatives emerging from the discussion including
commencement of the New Build project at Darlington, job creation
initiatives, hospital and healthcare funding, advancing transportation
initiatives including Highway 407, and easing the regulatory burden
that businesses and organizations face due to red tape; and, advising
he will keep the comments in mind as Ontario's needs and priorities
are further considered at Queen's Park.
I - 35 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the
Honourable John Gerretsen, Minister of the Environment, advising
that on February 9, 2009, the Town of Whitby adopted the following
resolution pertaining to the Association of Municipalities of Ontario
(AMO) position on waste diversion:
"WHEREAS the Ministry of the Environment (MOE) has launched a
five year review of the Waste Diversion Act and is seeking feedback
on the challenges associated with Ontario's waste diversion
framework, the programs under it and the proposed plan moving
forward;
WHEREAS on December 19, 2008, the Association of Municipalities
(AMO) issued a correspondence request regarding the AMO position
on the Waste Diversion Act and the Blue Box Program review;
WHEREAS AMO and the Municipal Waste Association (MWA)
support shifting full responsibility for all activities related to managing
discarded consumer packaging and printed paper to the stewards
responsible for producing this packaging;
Council Meeting Minutes - 12 - March 2, 2009
WHEREAS AMO and MWA further support full Extended Producer
Responsibility (EPR) to provide the incentive for stewards to examine
and implement new design into their products to reduce the amount of
packaging material in the first place, to enable reuse, to design with
recyclability in mind and to design it in a way that will be cost
effective;
WHEREAS AMO and MWA have prepared a discussion paper
recommending an expanded list of designated blue box materials
including all post consumer packaging and printed paper with
proposed implementation within 3 years;
WHEREAS AMO and MWA support promotion and educational
programs conducted at the Provincial level to provide consistent and
comprehensive levels of service with adequate funded industry
financial incentives to municipalities so they may target specific
curbside collection requirements;
THEREFORE BE IT RESOLVED THAT The Town of Whitby
generally supports AMO correspondence on the Waste Diversion Act
and the Blue Box Program Review Plan as set out in their letters to
Honourable John Gerretsen, Minister of the Environment and Andrew
Pollock, Vice Chair Waste Diversion Ontario dated December 19,
2008 for the Review of the (BBPP) Blue Box Program Plan and to
Alena Grunwald, Project Manager at the Ministry of the Environment
dated December 19, 2008 regarding the response to the review of the
Ontario's Waste Diversion Act 2002 discussion paper EBR 010-4676;
and, that a copy of this resolution be forwarded to the Region of
Durham and all municipalities in the Region of Durham."
I - 38 Cheri Smith, Manager, Resource Development & Special Events, The
Clarington Project, Community Living Oshawa/Clarington, advising of
the success of the 2"d Annual Polar Chili Golf Classic which raised
$10,000 for the Clarington Project; advising funds will be used to
purchase supplies for arts & crafts, life skill lessons such as cooking,
computers and literacy and to help pay for activities and outings the
Project does through the community; and, extending appreciation to
Mayor Abernethy for being the Honorary Chair and for encouraging
participation and advocating support for the Centre.
I - 39 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the
Honourable Madeleine Meilleur, Minister of Community and Social
Services, advising that on February 9, 2009, the Town of Whitby
adopted the following resolution pertaining to the Initial Proposed
Standard for Accessible Information and Communication:
Council Meeting Minutes - 13 - March 2, 2009
"1. THAT the Town of Whitby forward Planning Report Item PL 14-
09 to the Minister of Community and Social Services as
comments on the proposed Information and Communications
Standard; as set out under Section 7 -Considerations;
2. THAT the Accessibility Working Committee receive a copy of the
Planning Report Item PL 14-09 and establish a recommended
strategy of policy development and implementation and
estimated cost impacts for the consideration of the Planning and
Development Committee and Council;
3. THAT a copy of Council's resolution together with Planning
Report PL 14-09 be circulated to the Region of Durham, Durham
Area Municipalities, Association of Municipalities of Ontario
(AMO) and C. Elliot, MPP; and,
4. THAT the Province be requested to clarify its role as it relates to
funding of the costs involved in achieving any new accessibility
standards."
I - 41 P. M. Madill, Regional Clerk, Region of Durham, writing to David
Middleton, Chair, Durham Region Environmental Advisory Committee
(DEAC), advising that on February 18, 2009, Regional Council
adopted the following resolution pertaining to DEAC's 2008 Annual
Report and 2009 Workplan:
"a) THAT Report #2009-P-8 of the Commissioner of Planning be
received as the Durham Environmental Advisory Committee's
annual report on its activities in 2008;
b) THAT the 2009 Durham Environmental Advisory Committee
Workplan, outlined in Attachment #1 to Report #2009-P-8, be
approved; and
c) THAT a copy of Report #2009-P-8 be forwarded to the Durham
Environmental Advisory Committee and the Area Municipalities.
I - 42 P. M. Madill, Regional Clerk, Region of Durham, writing to Terry
Clayton, Chair, Durham Trail Coordinating Committee (DTCC),
advising that on February 18, 2009, Regional Council adopted the
following resolution pertaining to DTCC's 2008 Annual Report and
2009 Workplan:
"a) THAT Report #2009-P-9 of the Commissioner of Planning be
received as the Durham Trail Co-ordinating Committee's annual
report on its activities in 2008;
Council Meeting Minutes - 14 - March 2, 2009
b) THAT the 2009 Durham Trail Co-ordinating Committee
Workplan, outlined in Attachment #1 to Report #2009-P-9, be
approved; and
c) THAT a copy of Report #2009-P-9 be forwarded to the Durham
Trail Co-ordinating Committee and the Area Municipalities."
I - 43 P. M. Madill, Regional Clerk, Region of Durham, writing to Ivan
DeJong, Chair, Durham Agricultural Advisory Committee (DAAC),
advising that on February 18, 2009, Regional Council adopted the
following resolution pertaining to DAAC's 2008 Annual Report and
2009 Workplan:
"a) THAT Report #2009-P-7 of the Commissioner of Planning be
received as the Durham Agricultural Advisory Committee's
annual report on its activities in 2008;
b) THAT the 2009 Durham Agricultural Advisory Committee
Workplan, outlined in Attachment #1 to Report #2009-P-7, be
approved; and
c) THAT a copy of Report #2009-P-7 be forwarded to the Durham
Agricultural Advisory Committee, the Durham Federation of
Agriculture, the GTA Agricultural Action Committee, and the Area
Municipalities."
I - 44 Renata V. Y. Rozinger, Senior Traffic Analyst, Region of Durham,
writing to Josie Coscarella in response to Ms. Coscarella's request for
a speed reduction on Courtice Road and advising that speed study
measures have been undertaken indicating that results are
characteristic of speeds observed on arterial roads within similar
speed zone limits and are set to reflect the current physical and
behavioural characteristics of the roadway location. It has been
suggested to Ms. Coscarella to address excess speeding of individual
motorists with the Durham Regional Police Services.
I - 46 Cheryl Bandel, Committee Clerk, Region of Durham, advising of the
schedule for consideration of various reports for the proposed Energy
From Waste Facility and enclosing a CD containing copies of the
Baseline Environmental Study Report, the Archaeological Report, the
Geotechnical Report, and the Natural Environment Report. These
reports will be considered as follows:
Wednesday, March 4 by the Site Liaison Committee
Tuesday, March 10 by the Joint Waste Management Group
Tuesday, March 24 by the Works Committee; and
Wednesday, April 1 by Regional Council.
Council Meeting Minutes - 15 - March 2, 2009
The review of International Best Practices of Environmental
Surveillance for Energy-from-Waste Facilities Report will be
considered at a Joint Works and Health and Social Services
Committee on March 24, 2009.
I - 49 Wanda Stephen, Acting CAO, Kawartha Conservation, forwarding for
Council's review their 2009 Preliminary Budget outlining the
conservation programs and projects, and associated funding
requirements requested from their watershed municipalities; and,
indicating that the Conservation's Board of Directors will vote on the
2009 Preliminary Budget and associated municipal levies on
March 25, 2009.
I - 51 Leslie and Barry James, expressing support for Mayor Abernethy in
demanding decorum in the Council Chambers; stating that Jim
Richards has not been banned from the Council Chambers and that
Mr. Richards has the power to correct the situation by acknowledging
his behavior was less than commendable; and, advising they feel the
coverage in Clarington This Week was unbalanced.
I - 52 Warren McCarthy responding to the requirement for Jim Richards to
apologize to Council indicating that the words "bully" and "cronies" are
not alarming or hostile in print, however he suspects the problem may
have been the attitude, demeanor, tone and manner in which they
were used and questioning what resources are available to review the
original incident to determine what happened and if the public is able
to access any sound or video recordings of Council proceedings.
I - 53 J. E. Graham writing further to recent newspaper coverage regarding
the rules of procedures at meetings and the requirement of the Chair
to uphold the rules; advising when the Chair or Speaker of the House
determines that a comment or activity is not advancing the issue at
hand, it is his/her responsibility to bring the debate back to within
acceptable levels and the request for a speaker to withdraw a remark
dates back to the British Parliamentary System; and, advising the
important factor is that Chairs need to ensure that public meetings are
effective.
I - 7 The Honourable David C. Onley, Lieutenant Governor of Ontario,
extending an invitation to Council to consider nominating an exceptional
individual for the Order of Ontario, Ontario's highest honour, recognizing
individuals for their extraordinary achievements that have had an impact
on their local community, province, country and beyond. The deadline for
nominations is March 16, 2009.
Council Meeting Minutes - 16 - March 2, 2009
Resolution #C-091-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT John Greenfield be nominated for the Order of Ontario.
"CARRIED"
I - 3 Minutes of the Clarington Traffic Management Advisory Committee
dated January 15, 2009.
Resolution #C-092-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the minutes of the Clarington Traffic Management Advisory Committee be
received for information.
"CARRIED"
I - 8 Bill Temple, Retired Inspector, Durham Regional Police Services,
expressing concern with the erosion of services at Lakeridge Health
Bowmanville and the potential for decision-makers to make decisions
that could negatively impact the entire community; advising the
closure of the Bowmanville ER would mean more chaos and longer
waits at Lakeridge Health Oshawa; and, offering his assistance in
helping to keep Bowmanville's hospital a vibrant and integral part of
the community.
I - 9 Mary Taylor expressing concern with the potential loss of service at
Lakeridge Health Bowmanville; advising she has personally used the
services of the ER since November and due to her unique health
issues it is critical the ER be available to her; stating an acute care
facility is needed with all the building going on in the area; and,
questioning how she can help to influence decision-makers to keep
Lakeridge Health Bowmanville's ER open and viable.
I - 10 John R. O'Toole, MPP, Durham, advising he is in concurrence with
Council's resolution in support of the efforts of physicians in
maintaining the full staff complement of on-site services at Lakeridge
Health Bowmanville in support of the Emergency Department;
commending Council for its advocacy on behalf of patients as well as
doctors and all members of the healthcare team in Clarington; and,
requesting to be kept informed of future action.
Council Meeting Minutes - 17 - March 2, 2009
I - 11 The Honourable George Smitherman, Deputy Premier, Minister,
Ministry of Energy and Infrastructure, acknowledging Council's
correspondence regarding the importance of Lakeridge Health
Bowmanville for the provision of emergency and other health services
in Clarington and the surrounding region; advising the Province has
committed to funding more than 100 major hospital projects as part of
the ReNew Ontario Plan, including the redevelopment of Lakeridge
Health Corporation's Oshawa site; and, advising that he will be
working with the Honourable David Caplan, Minister of Health and
Long-Term Care to review proposals for additional hospital projects
including the request for an expanded emergency services
department at Lakeridge Health Bowmanville.
I - 12 Mrs. Churchill urging Council to put a stop to the possibility of the
Bowmanville Hospital becoming a treat and transfer site; expressing
concern that if specialty services are removed from Bowmanville
Hospital patients will die waiting for treatment; and, stating she feels
that the community requires a working hospital and emergency
services to instill a sense of security in the health care of the
municipality.
I - 13 Gail Shortt, voicing her opposition to losing services at the
Bowmanville Hospital; expressing concern that once services are
removed, they are rarely reinstated and that the best plan is to not let
this happen in the first place; questioning whether a plan has been
put into place to increase support of ambulance service and whether
this plan will actually save money; and, reinstating her opinion that no
services should be cut at Bowmanville Hospital now or in the future,
as Clarington is, and continues to be, a growing area.
I - 14 Norman B. Ferrier, M.Sc., expressing concern with the apparent loss
of health care services in Clarington and the stripping of services and
funding from other Lakeridge operating sites to enhance the
Lakeridge Oshawa site; expressing concern that the Bowmanville site
will become merely a "treat and transfer" facility and if the physical
plant is under maintained and under insured it may eventually suffer
the same fate as the Whitby site; advising that as the Senior Planning
Officer for a major urban EMS system, he is very familiar with how
Emergency Medical Services operate stating that if the plans of
Lakeridge Health are put into place, changes in EMS coverage and
response times are likely to be profound, and that paramedics with
serious patients in Clarington will begin to simply transport those
patients to the Oshawa site resulting in dramatically longer transport
times and decreased ambulance availability in Clarington; and,
Council Meeting Minutes - 18 - March 2, 2009
urging Clarington Council to address this issue and for Clarington's
Regional representatives to ensure Regional Council understands
how urgent the situation is as there are important principles, and,
more importantly, lives at stake.
I - 15 Dianne Cowling, advising she is an employee of Lakeridge Health
Bowmanville and is concerned with the proposed loss of services at
Bowmanville Hospital; advising that the increase in population meets
the requirements to have specialty services at the Bowmanville site
and that the acuity of patients has increased dramatically; expressing
concern that patients will suffer if the idea of the Bowmanville site
becoming a "treat and transfer" facility is put into place due to
increased transfer and wait times and questioning if investigation has
been undertaken to accommodate increased workload for paramedic
services; and, stating that a public information session should have
been held to inform the public of what is being proposed.
I - 16 Paul and Elizabeth Vaneyk, expressing alarm at the speculation that
services at Lakeridge Health Bowmanville could be cut or reduced;
advising of the need for provision of emergency care, surgery and
specialty care at Lakeridge Health Bowmanville in view of the
increase in population; stating Bowmanville Hospital needs to be one
of multiple services in order to attract and retain doctors and other
professionals; advising that founders, trainees, doctors, nurses, staff,
board members and citizens have historically been proud of their
hospital and deserve to have services near home; and, suggesting
that support of Lakeridge Health Bowmanville through the purchase of
a $10 membership may strengthen this sense of pride.
I - 17 Peter Evans, President, Clarington Older Adult Centre Board, (COAA)
writing to Kevin Empey, President and CEO, Lakeridge Health
Corporation, registering the Board's concern regarding potential
changes to health care delivery at Lakeridge Health Bowmanville;
advising COAA has a membership of 1000 active older adults with
Clarington's 55+ population currently over 15,000 and growing who
believe the community needs the Bowmanville Hospital facility to
continue with its current range of services; expressing concern with
the funding gap that exists between Bowmanville hospital and the rest
of Ontario; and, advising the COAA is encouraging its members to
purchase Lakeridge Health Bowmanville memberships as a show of
support.
Council Meeting Minutes - 19 - March 2, 2009
I - 18 Wayne Robbins, Senior Vice President, Ontario Power Generation -
Darlington Nuclear, writing to Mr. James Meloche, CSP Project Lead,
Senior Director, Planning, Integration and Community Engagement,
Central East Local Health Integrated Network, providing information
about OPG's current operations and proposed generation plans which
may impact recommendations concerning the CE LHIN's acute care
services project; advising of the importance of the availability of high-
quality health care services including acute and emergency care in
close proximity to OPG's operating facilities for current operations and
future generation plans, indicating that Lakeridge Health Bowmanville
is the primary emergency centre that would be used in the unlikely
event of any conventional or radiological emergency requiring health
services; advising that Darlington will be the future home of two
additional nuclear reactors and should the project proceed, there will
be an added need for strong infrastructure including health care to
support the station; providing current and projected employment
statistics; and, hoping that the information provided will be of
assistance in planning for the required acute care services in Durham
Region.
I - 19 James Thompson voicing his concern over the lack of doctors at
Bowmanville Hospital and advising he is in support of whatever needs
to be done to attract new doctors for the Emergency Department.
I - 20 Edward Denny advising the fate of the Emergency Department at
Lakeridge Health Bowmanville is of great concern to him and his wife
and they would greatly appreciate anything that Council can do to
save this very vital medical service for the community.
I - 21 Steve Risebrough expressing concern with the possible reduction in
services at Lakeridge Health Bowmanville; questioning what
measures can be taken to show decision-makers that the community
will allow this to happen especially in view of the rate Clarington and
surrounding areas are expanding.
I - 22 Kristin Robinson acknowledging that the purchase of Lakeridge
Health Bowmanville memberships will show community support and
help to save services at the hospital and questioning if members also
need to attend the Annual General meeting to vote.
Resolution #C-093-09
Moved by Councillor Woo, seconded by Councillor Novak
THAT the authors of the letters pertaining to Lakeridge Health Bowmanville be
thanked for their letters of support; and
Council Meeting Minutes - 20 - March 2, 2009
THAT the items of correspondence be referred to all MPP's in Durham Region, to
Kevin Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of
Directors of Central East Local Health Integration Network (CHIN), and to the
Honourable David Caplan, Minister of Health and Long Term Care.
"CARRIED"
I - 23 P. M. Madill, Regional Clerk, Region of Durham, writing to Kevin
Empey, CEO, Lakeridge Health Corporation, advising that on
February 18, 2009, Regional Council adopted the following resolution
pertaining to the future of Lakeridge Health Bowmanville:
"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, Anesthetists, 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."
Resolution #C-094-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT Pat Madill, Regional Clerk, Region of Durham be thanked for her letter of
support of Lakeridge Health Bowmanville; and
Council Meeting Minutes - 21 - March 2, 2009
THAT the correspondence be referred to all MPP's in Durham Region, to Kevin
Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of Directors
of Central East Local Health Integration Network (CHIN), and to the Honourable David
Caplan, Minister of Health and Long Term Care.
"CARRIED"
I - 27 Dan Hefkey, Assistant Deputy Minister and Chief, Ministry of
Community Safety and Correctional Services, congratulating the
Municipality of Clarington for completing all of the mandatory
emergency management activities required under the Emergency
Management and Civil Protection Act for 2008; advising that the
maintenance of sound community emergency management programs
helps to ensure that municipalities are prepared to respond to
emergencies and that meeting Ontario's emergency management
standards reflects a great deal of effort and commitment of significant
resources; and, commending Council and staff on this
accomplishment.
Resolution #C-095-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item I - 27 from Dan Hefkey, Assistant Deputy Minister and
Chief, Ministry of Community Safety and Correctional Services with respect to the
completion of Emergency Management activities be received for information; and
THAT staff be congratulated for their accomplishments in completing all of the
mandatory emergency management activities required under the Emergency
Management and Civil Protection Act for 2008.
"CARRIED"
I - 33 Nestor Chornobay, Director, Strategic Planning Branch, Regional
Municipality of Durham, forwarding a copy of Report 2009-P-11
providing an update on the Regional Official Plan Amendment
(ROPA) Schedule for Growth Plan Implementation.
Resolution #C-096-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT correspondence Item I - 33 from the Region of Durham with respect to the
Growth Plan Implementation -Regional Official Plan Amendment Schedule be
received for information.
"CARRIED"
Council Meeting Minutes - 22 - March 2, 2009
I - 36 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on
February 9, 2009, the Township of Uxbridge adopted the following
resolution pertaining to the Growth Plan for the Greater Golden
Horseshoe:
"WHEREAS the Places to Grow Act, 2005 requires that municipal
official plans be amended to implement the provisions of the Growth
Plan for the Greater Golden Horseshoe (Growth Plan) by June 16,
2009; and
WHEREAS the Region of Durham is undertaking a Growth Plan
Conformity exercise which is expected to result in the adoption of an
amendment to the Durham Regional Official Plan by June 2009; and
WHEREAS the Durham Regional Official Plan Amendment to
implement the Growth Plan must receive final approval by the
Province and is subject to an appeal process; and
WHEREAS the Township of Uxbridge cannot adopt an amendment to
the Township Official Plan to implement both the Growth Plan and the
related Durham Regional Official Plan amendment prior to the final
approval of the Durham Regional Official Plan Amendment by the
Province, or the Ontario Municipal Board, as the case may be:
NOW THEREFORE BE IT RESOLVED THAT:
1. Due to the anticipated timing for completion of the Region's
Growth Plan Conformity exercise and the subsequent approval
process, the Council of the Township of Uxbridge requests the
Ministry of Energy and Infrastructure and the Ministry of Municipal
Affairs and Housing to grant an extension of the June 16, 2009
deadline for the Township to amend the Uxbridge Official Plan to
conform with the Growth Plan to an appropriate date following the
approval, or resolution of any appeals, of an amendment to the
Durham Regional Official Plan that implements the provisions of
the Growth Plan.
2. A copy of the Council resolution be forwarded to the Ministry of
Energy and Infrastructure and the Ministry of Municipal Affairs
and Housing; and
A copy of the Council resolution be forwarded to the Region of
Durham and the Region of Durham area municipalities for
information."
Council Meeting Minutes - 23 - March 2, 2009
I - 47 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable
George Smitherman, Minister of Energy and Infrastructure, advising
that on February 2, 2009, Oshawa City Council adopted the following
resolution pertaining to the Provincial Growth Plan Conformity
Extension Request:
"WHEREAS the Places to Grow Act, 2005 requires that municipal
official plans be amended to implement the provisions of the Growth
Plan for the Greater Golden Horseshoe (Growth Plan) by June 16,
2009; and,
WHEREAS the Region of Durham is undertaking a Growth Plan
Conformity exercise which is expected to result in the adoption of an
amendment to the Durham Regional Official Plan by June 2009; and,
WHEREAS the Durham Regional Official Plan Amendment to
implement the Growth Plan must receive final approval by the
Province and is subject to an appeal process; and,
WHEREAS the City of Oshawa cannot adopt an amendment to the
Oshawa Official Plan to implement both the Growth Plan and the
related Durham Regional Official Plan amendment prior to the final
approval of the Durham Regional Official Plan Amendment by the
Province, or the Ontario Municipal Board, as the case may be;
THEREFORE BE IT RESOLVED THAT:
Due to the anticipated timing for completion of the Region's
Growth Plan Conformity exercise and the subsequent approval
process, the Council of the City of Oshawa requests the Ministry
of Energy and Infrastructure and the Ministry of Municipal Affairs
and Housing to grant an extension to the June 16, 2009 deadline
for the City to amend the Oshawa Official Plan to conform with
the Growth Plan to an appropriate date following the approval, or
resolution of any appeals, of an amendment to the Durham
Regional Official Plan that implements the provisions of the
Growth Plan.
2. A copy of the Council resolution be forwarded to the Ministry of
Energy and Infrastructure and the Ministry of Municipal Affairs
and Housing; and,
3. A copy of the Council resolution be forwarded to the Region of
Durham and the Durham Region area municipalities for
information."
Council Meeting Minutes - 24 - March 2, 2009
Resolution #C-097-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolutions from the Township of Uxbridge and the City of Oshawa
with respect to the Growth Plan for the Greater Golden Horseshoe be endorsed.
"CARRIED"
I - 37 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on
February 9, 2009, the Township of Uxbridge adopted the following
resolution pertaining to the Clinical Services Plan:
"WHEREAS the Township of Uxbridge recently received
correspondence from the Friends of the Ajax Pickering Hospital
regarding development of the Clinical Services Plan by the Central
East LHIN with anticipated completion in January or early February;
AND WHEREAS the Township of Uxbridge agrees with the Friends of
the Ajax Pickering Hospital that it is critically important that the
members of the general public of all affected communities with the
Central East LHIN be fully advised and informed of the detailed
contents and implications of the plan for the hospital and health care
services before the plan is adopted for use;
AND WHEREAS the Township of Uxbridge want to emphasize that
widespread and full communication with, and the full involvement of
the general public in understanding and accepting the Clinical
Services Plan is vital to the Plan's success;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Township of Uxbridge hereby request:
THAT the detailed Clinical Services Plan be made readily
available to the general public for their study, input and comments
prior to adoption of the Plan;
2. AND THAT the Board of the Central East LHIN hold public
meetings throughout the length and breadth of the LHIN in order
to explain the detailed Clinical Services Plan, and to answer
questions after the general public has had an opportunity to study
the plan and before its final adoption;
3. AND THAT after the public meetings and input from the general
public, any revised versions of the Plan be made available to the
general public for further comment prior to final adoption;
Council Meeting Minutes - 25 - March 2, 2009
4. AND THAT this Resolution be forwarded to all municipalities
within the Central East LHIN and the Region of Durham and all
Durham MPP's."
Resolution #C-098-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolution from the Township of Uxbridge with respect to the Clinical
Services Plan be endorsed.
"CARRIED"
I - 40 Carol Parks, writing to Michael Angemeer, Veridian Corporation,
expressing appreciation to Veridian staff for the prompt, efficient and
courteous service she received on Christmas Eve when a partial
power outage occurred at her home at 9:00 p.m., especially to the
three employees, who, through their reassurance and help in
restoring power to her home on Christmas Eve, made her Christmas.
Resolution # C-099-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT correspondence Item I - 40 from Carol Parks thanking staff of Veridian
Corporation for exemplary service, be received for information.
"CARRIED"
I - 45 Jim Connell, writing to the Editor, expressing concern that
Remembrance Day, November 11t", is not a statutory holiday in
Ontario while Family Day was made a holiday across Ontario and
other provinces in Canada. Mr. Connell feels that the sacrifices made
by veterans for our freedom, including the ability to enjoy Family Day,
should be appropriately recognized and questioning whether a
petition should be forwarded to Parliament for consideration.
Resolution #C-100-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the position of Jim Connell in questioning why Remembrance Day is not a
statutory holiday in Ontario be endorsed.
"CARRIED"
Council Meeting Minutes - 26 -
March 2, 2009
I - 48 P. Madill, Regional Clerk, Region of Durham, advising Council that on
February 18, 2009, Regional Council adopted a resolution pertaining
to the 2009 Annual Solid Waste Management Service and Financing
Study and the Proposed 2009 Business Plans and Budgets. A copy
of the Annual Solid Waste Management Servicing and Financing
Study and the 2009 Business Plans and Budgets was received in the
Municipal Clerk's Department.
Resolution #C-101-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item I - 48 from P. Madill, Region of Durham with respect to
the 2009 Annual Solid Waste Management Service and Financing Study and the
Proposed 2009 Business Plans and Budgets be received for information.
"CARRIED"
I - 50 Garth Gilpin, Secretary-Treasurer, advising Council that there will not
likely be any hanging flower baskets or planters in downtown
Bowmanville as the free watering service provided by Rekker
Gardens will not be available and the BIA does not have the financial
resources to water the plants.
Resolution #C-102-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the Municipality consider, through the Operations Department, the Maintenance
(watering only) of the various hanging baskets and plantings through the BIA
designated areas as well as consideration of providing baskets for the Municipally
owned poles spanning the Bowmanville Creek.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence D - 25 and D - 26 were received as handouts.
Resolution #C-103-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 14 be approved as per the agenda, with the
exception of Items, D - 5, D - 6, D - 7, and D - 10.
"CARRIED"
Council Meeting Minutes - 27 -
March 2, 2009
D - 1 Frank MacPhee, President, and Donna Donaldson, Executive
Officer, Durham Region Home Builders' Association, inviting Mayor
Abernethy to attend the Association's "Mayors & Members" evening
on March 17, 2009, as they launch "New Homes Month" in Durham
Region; and, requesting Council to declare April 2009 as "New
Homes Month" in recognition of new home construction and home
ownership as a basic factor in economic progress and quality of life.
(Proclaimed)
D - 2 Alice Johnson, Volunteer Chair, PITCH-IN Ontario, forwarding
information on how to involve the community in the 2009 Operation:
Clean Sweep Campaign, a community clean-up and beautification
project; advising April 20 to 26, 2009 is PITCH-IN Week; and,
encouraging the municipality to consider becoming a Municipal
PITCH-IN patron which will assist in providing free materials to local
volunteer coordinators as they organize groups for clean-up projects
in the community.
(Correspondence referred to the
Director of Operations)
D - 3 Paul Vaneyk, requesting that the 50 km per hour speed limit on
Concession Road 7, between Tyrone and Leskard be reverted back
to an 80 km speed limit. Mr. Vaneyk stated that he has carried on a
farming business for 48 years and that the rural area of the road past
the subdivision east of Tyrone village has always been 80 km per
hour; that he needs to have the higher speed limit to make the hills
with his grain trucks; that Concession Road 7 is no more dangerous
that other roads for school buses; and, that he should not be
penalized because of a complaint by a school bus company.
(Correspondence referred to the
Director of Engineering Services)
D - 4 Kim McInnis, Secretary, North Dundas History Stewarts, questioning
whether the artifacts formerly owned by Brian McFarlane and housed
at the Total Hockey Museum contain any artifacts of the Inkerman
Rockets, which may be of interest to the Town of Inkerman, and the
Township of North Dundas, noting Mr. McFarlane was a member of
the Inkerman Rockets.
(Correspondence referred to the
Director of Community Service)
Council Meeting Minutes - 28 - March 2, 2009
D - 8 Joy Freemantle, President, Durham Region Branch Council,
Canadian Red Cross, requesting permission to fly the Red Cross flag
at the Municipal Administrative Centre for the month of March, in
recognition of Red Cross Month and Red Cross' 100th year of service
in Canada and around the world.
(Permission granted to fly the Red
Cross flag at the Municipal
Administrative Centre for the month
of March)
D - 9 Darlene Matthews tendering her resignation from the Clarington
Accessibility Advisory Committee due to personal reasons and
extending best wishes to the Committee on their future endeavours.
(Correspondence received with regret
and referred to the Municipal Clerk)
D - 11 Students of Mrs. Hamer-Strahl's Grade 10 History class, Port Perry
High School, expressing concern with the proposed demolition of
Camp 30 and requesting the historical site be preserved for future
generations to experience a part of Canadian heritage.
(Correspondence referred to the
Director of Planning Services)
D - 12 Bob Taylor, Co-Chairperson, Durham Region Senior Games,
advising the Ontario Senior Games Association (OSGA) commits to
enhancing the lives of seniors in Ontario by running Actifest and
Winterfest; advising the mandate of the Durham Region Seniors
Games is to offer these games in Durham each year to qualify
participants to represent Durham at Actifest and Winterfest; advising
presently participants contribute 88% of the costs to run the events;
and, requesting financial assistance in the amount of $100 to $250 to
assist the Durham Region Senior Games Committee in presenting a
quality Senior Games program in Durham Region. If approved, the
municipality would receive appropriate recognition in all programs,
events and any promotional material distributed.
(Correspondence referred to the
Director of Community Services)
D - 13 Garth Gilpin, Secretary-Treasurer and General Manager,
Bowmanville Business Centre, requesting approval for the closure of
King Street from Scugog Road to George Street, Temperance Street
from Church Street to the hole in the wall, and Division Street from
the municipal parking lot entrance to the Royal Bank Parking Lot for
the following 2009 events:
Council Meeting Minutes - 29 - March 2, 2009
Maple Festival and
All That Jazz
Friday, May 1, at 8:00 p.m.
(Temperance Street from King
Street to Church Street) and as
above from 9:00 p.m. until Saturday,
May 2, at 7:30 p.m.
Fabulous Fifties Festival
August Moonlight Madness
Apple Festival and Craft Sale
Christmas Moonlight Magic
Friday, June 19 (Temperance
Street from King Street to Church
Street from 4:00 p.m. until
11:00 p.m.) and as above on
Saturday, June 20 from 5:00 a.m.
until 8:00 p.m.
Friday, August 14, from 5:00 p.m.
until August 15 at 12:30 a.m.,
as above
Friday, October 16 (Temperance
Street from King Street to the hole
in the wall at 7:00 p.m.,
Temperance Street from King
Street to Church Street at
8:00 p.m.) and as above from
9:00 p.m. until Saturday, October 17 at
8:00 p.m.
Friday, December 4 (Temperance
Street from King Street to Church
Street at 4:30 p.m.) and as above
from 5:30 p.m. until 11:30 p.m.
and requesting permission to close the 20 King Street East Parking
lot from 7:00 a.m. until 3:00 p.m. on April 11th to facilitate the Easter
Egg Hunt and Lion's Club Easter Brunch.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department)
Council Meeting Minutes - 30 - March 2, 2009
D - 14 Eric Atkins, expressing concern with the Ontario Federation of
Anglers and Hunters becoming the managers of the Kendal Crown
Lands; expressing dismay that the area known as the Kendal
Recreation Park, once a hub of summer and winter activity has
disappeared, forced out by reckless hunting habits and fencing of the
area by the Ministry of Natural Resources; and, requesting municipal
and provincial representatives join forces with local residents to give
the Kendal Recreation Park back to the public to enjoy in safety.
(Correspondence referred to the
Municipal Clerk)
D - 5 Raymond Smith, expressing his disagreement with the proposed
plan to demolish Camp 30; expressing concern with the area trend to
destroy buildings with historical significance; and suggesting that the
buildings could be refurbished and could put people to work in this
depressed time.
D - 6 Rita Edgell, Member, LACAC Heritage Whitby, expressing concern
that the builders are considering demolition of Camp 30; stating too
many heritage buildings have already been lost; and, urging Council
to take all necessary steps to preserve the buildings and history for
future generations.
D - 7 Tracey Ali, advising of her support of protecting Camp 30 from
demolition and requesting Federal government contact information
on who could be notified about preserving Camp 30.
Resolution #C-104-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item D - 5 from Raymond Smith, Item D - 6 from Rita
Edgell and D - 7 from Tracey Ali, with respect to the protection of Camp 30 be
referred to the Director of Planning Services.
"CARRIED"
Mayor Abernethy stated a pecuniary interest with respect to Correspondence
Item D - 10 as this matter deals with the compliance audit issue related to the
2006 municipal election. Mayor Abernethy vacated the Chair and refrained
from discussion and voting on this matter.
Deputy Mayor Trim chaired this portion of the meeting.
Council Meeting Minutes - 31 - March 2, 2009
D - 10 Don Prout, Cynthia Prout, Sean Kean and George Van Dyk,
expressing concern that to date, the audit required under Section
81(4) of The Municipal Elections Act has not been conducted on the
financial statement of former Mayor John Mutton; reminding Council
of their legal responsibility to appoint an auditor to conduct the audit;
citing specific information requiring investigation with respect to the
use of municipal resources and personnel and the occupancy of a
building in contravention of the Ontario Building Code Act, advising
that since Council has not responded to previous requests, the
requesters feel they will have no choice but to proceed to Provincial
Court to have an Order issued for Council to do their job; and,
requesting that the auditor who performed the Vaughan and
Hamilton audits be appointed by the Courts.
Resolution #C-105-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 10 from Don Prout, Cynthia Prout, Sean Kean
and George Van Dyk with respect to the audit required under Section 81(4) of
The Municipal Elections Act on the financial statement of former Mayor John
Mutton be referred to the Municipal Clerk.
"CARRIED"
Mayor Abernethy resumed the Chair.
D - 15 Grant Algar requesting anine-month extension to Building Permit
No. 08.0509 for 4327 Fices Road, due to problems resulting from a
wet summer, problems with the foundation, early winter with extreme
cold temperatures and heavy snowfall, and problems with the
trusses.
Resolution #C-106-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Grant Algar be granted a nine month extension for the use of temporary
living quarters at 4327 Fices Road subject to signing a further letter of
undertaking.
"CARRIED"
Council Meeting Minutes - 32 - March 2, 2009
D - 16 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, advising Council that on February 9, 2009, the Town of Ajax
adopted the following resolution pertaining to authority to prohibit
corporate and trade union contributions to municipal election
campaigns:
"WHEREAS the Municipal Elections Act, 1996, enables individuals
normally resident in Ontario, corporations that carry on business in
Ontario and unions that hold bargaining rights for employees in
Ontario to make contributions of up to $750 in total to any candidate
for all municipal offices, with the exception of candidates for Mayor of
Toronto who are permitted to accept maximum individual
contributions of $2,500; and,
WHEREAS the Municipal Elections Act, 1996, [S. 70.1(1)] provides
that the City of Toronto alone "may by by-law prohibit a corporation
that carries on business in Ontario or a trade union that holds
bargaining rights for employees in Ontario from making a
contribution to or for any candidate for an office on city council."; and,
WHEREAS a recent study by Prof. Robert MacDermid, titled
"Funding City Politics", examined financial contributions to municipal
election campaigns in the Greater Toronto Area and, in particular,
raised issues with respect to the amount and potential influence of
contributions from land and property development corporations; and,
WHEREAS no corporate or trade union contributions to municipal
candidates and parties have been permitted in Quebec since 1980;
both Quebec and Manitoba have banned corporate and union
contributions to Provincial candidates and parties; and all such
contributions were prohibited from federal electoral politics prior to
the last Canadian election;
BE IT RESOLVED THAT the Government of Ontario be requested to
amend the Municipal Elections Act, 1996 to provide all municipalities
in the Province with the authority to pass a by-law that would prohibit
a corporation that carries on business in Ontario or a trade union that
holds bargaining rights for employees in Ontario from making a
contribution to or for any candidate for an office on the respective
municipal council."
Council Meeting Minutes - 33 - March 2, 2009
Resolution #C-107-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Town of Ajax with respect to authority to prohibit
corporate and trade union contributions to municipal election campaigns be
received for information.
"CARRIED"
D - 17 A. Alan Borovoy, General Counsel, Canadian Civil Liberties
Association, expressing concern with Council's resolution of April 21,
2008, purporting to ban Jim Richards, a constituent, from addressing
Council until he issues a personal written apology for certain remarks
he made earlier; indicating that the record, as they have seen it,
discloses no legal basis for the imposition of so drastic a measure, or
indeed, for any sanction at all and Council's action in this case may
also infringe the Canadian Charter of Rights and Freedoms;
acknowledging the right of municipal councils to promulgate ground
rules for the exercise of debate and reception of delegations but in
no event should citizens be sanctioned merely for criticizing the way
officials discharge their duties or for the use of terms such as "bully";
and, requesting Council to rescind the prohibition imposed upon
Mr. Richards' participation at its public meetings.
Resolution #C-108-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D - 17 from the Canadian Civil Liberties
Association be referred to a closed session of Council to seek advice with
respect to legal ramifications.
"MOTION LOST"
Resolution #C-109-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 17 from A. Alan Borovoy, General Counsel,
Canadian Civil Liberties Association regarding the ban of Jim Richards from
addressing Committee and Council be received; and
THAT Mr. Borovoy be advised of actions taken following consideration of the
Business Arising From the Notices of Motion section of the agenda.
"CARRIED"
Council Meeting Minutes - 34 - March 2, 2009
D - 18 Kevin C. Christenson, City Clerk, City of Hamilton, advising Council
that on January 28, 2009, the City of Hamilton adopted the following
resolution pertaining to Bill 138, Protection of Public Participation
Act, 2008:
"WHEREAS Andrea Horvath, Ontario's NDP Critic for Municipal
Affairs, has introduced a private members bill to counter Strategic
Lawsuits Against Public Participation (SLAPP) used by proponents
to silence those who object to their developments;
AND WHEREAS the well-heeled industrial interests suing citizens to
silence public objections; while bulldozing projects through municipal
councils and the Ontario Municipal Board (OMB) will be a thing of the
past;
AND WHEREAS "Ontario could be the birthplace of North America's
most effective anti-SLAPP legislation," Horvath said. "When
individuals and groups can be sued for millions of dollars simply
because they take a stand against unwanted developments in their
communities, something is terribly wrong. My Bill will take the sting
out of SLAPP. I want the McGuinty government to accelerate this
initiative in order to end this scourge on our democracy once and for
all."
AND WHEREAS Horwath's Bill 138, Protection of Public
Participation Act, 2008 would enable such lawsuits to be dismissed
at an early stage. It would indemnify defendants for costs incurred
and allow additional costs for damages to be awarded to them by a
court or tribunal. A significant mechanism in Horwath's Bill would
stop governments and tribunals from proceeding with the planning
process where SLAPP tactics exist;
AND WHEREAS Horvath has strong support for her bill from
Environmental Defence, a group at the forefront of fighting SLAPP
and the chill it has brought to citizen's groups such as the Innisfil
District Association (IDA). The IDA has been hit with a $3.2 million
SLAPP at the OMB because of its courageous stand against a
massive and unwanted resort development on the shores of Lake
Simcoe at Big Bay Point;
AND WHEREAS The recent Uniform Law Conference, a yearly
gathering of provincial Attorneys General, identified SLAPPs as a
growing and worrisome trend across Canada and specifically
identified the ongoing Big Bay Point OMB cost application, as a case
in point;
Council Meeting Minutes - 35 - March 2, 2009
AND WHEREAS Dr. Rick Smith, Executive Director, and lawyer,
David Donnelly, himself the target of such a lawsuit, says a law
protecting public participation is very much needed. "Surely it's Job
1 of the Ontario legislature to ensure that Ontarians can engage with
our democracy -including provincial courts and tribunals -without
fear of intimidation by bullying developers or crippling financial
liability," Smith said. "Unless the current system is changed, I am
very concerned that citizens will increasingly shy away from
speaking their mind publicly and our public life, urban planning
regimes and environmental protection will be the poorer for it.";
THEREFORE BE IT RESOLVED THAT the Council of the City of
Hamilton:
a. Support the efforts of MPP Andrea Horwath with respect to the
current Bill 138 -Protection of Public Participation Act, 2008.
b. Circulate this resolution to all other Ontario municipalities
encouraging them to consider similar resolutions of support."
Resolution #C-110-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D - 18 from the City of Hamilton with respect to
Bill 138, Protection of Public Participation Act, 2008 be referred to the
Municipal Clerk.
"CARRIED"
D - 19 The County of Prince Edward advising Council that on December 15,
2008, the County of Prince Edward adopted the following resolution
pertaining to wind turbines:
"WHEREAS Prince Edward County is an island municipality located
in Lake Ontario just west of Kingston and has been identified for
significant wind farm development, both onshore and offshore; and
WHEREAS currently six (6) wind turbine development companies
have publicly signaled a desired presence with three (3) applications
in place at the formal planning application stage (1 of these at the
Ontario Municipal Board); and
WHEREAS the need for renewable energy sources is recognized at
the federal, provincial, municipal and local community levels; and
Council Meeting Minutes - 36 - March 2, 2009
WHEREAS wind generated power is an established source of
renewable energy being created globally; and
WHEREAS populated and publicly owned and occupied lands and
waters are being identified for industrial wind turbine development;
and
WHEREAS discrepancy exists on the health effects potentially
created by the presence of industrial wind turbines; and
WHEREAS this discrepancy on the potential health effects is proving
to be destructive and divisive to the social and cultural fabric of rural
communities; and
WHEREAS other Ontario municipalities, being the Township of
Loyalist and the Township of Dawn-Euphemia, have passed
resolutions expressing concern with the health effects associated
with wind turbines;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the County of Prince Edward requests that the
Federal and Provincial government agencies responsible for public
health, energy creation and energy management complete the
following:
Dedicate resources to the necessary scientific research to
consider the impact of:
a. low frequency noise and,
b. electrical and electromagnetic disturbances in areas of
industrial wind turbines with the intent to confirm/deny public
health implications; and
2. Create and provide authoritative regulations and guidelines for
the locating of wind turbines to municipalities and wind energy
developers.
THAT the resolution of the Township of Loyalist dated
September 25, 2008 be supported; and
THAT this resolution be forwarded with a request for action to: The
Ontario Ministries of Health, Environment and Energy, Medical
Officers of Health at Public Health Units, Environment Canada,
Health Canada, all MPPs and MPs, The Premier's Office, the Prime
Minister's Office, the Association of Municipalities of Ontario (AMO),
and The Federation of Canadian Municipalities (FCM); and
Council Meeting Minutes - 37 - March 2, 2009
THAT this resolution be circulated to all municipalities and native
territories in Ontario requesting their support."
Resolution #C-111-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution of the County of Prince Edward with respect to wind
turbines be received for information.
"CARRIED"
D - 20 Sandra Kranc, City Clerk, City of Oshawa, writing to the Association
of Municipalities of Ontario (AMO) advising that on February 2, 2009,
Oshawa City Council adopted the following resolution pertaining to
OMERS coverage and benefits for staff serving in the Military:
"1. THAT any employee on military reservist leave be reimbursed the
`employer portion' of the OMERS contributions if the employee
chooses to buy back broken service time while on `reservist
leave' as outlined in Report FA-09-04 dated January 15, 2009
from the Commissioner, Corporate Services; and,
2. THAT further to the above, employees who are on reservist leave
be reimbursed their benefit cost in the Public Service Health Care
Plan as outlined in Report FA-09-04; and,
3. THAT the practice of reimbursing the employer portion of
OMERS contributions and benefits costs for employees who are
on reservist leave be incorporated into the Human Resources
Administration Manual Policy; and,
4. THAT a copy of this report be sent to the Association of
Municipalities of Ontario, local area municipalities and the Region
of Durham."
Resolution #C-112-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution of the City of Oshawa with respect to OMERS coverage
and benefits for staff serving in the Military be referred to the Director of
Corporate Services.
"CARRIED"
Council Meeting Minutes - 38 - March 2, 2009
D - 21 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the
Honourable George Smitherman, Deputy Premier and Minister of
Energy and Infrastructure, advising that on February 9, 2009, the
Town of Whitby adopted the following resolution pertaining to Ontario
Nuclear New Build Procurement Project:
"1. THAT Community and Marketing Services Department Report
No. 09-09 be received as information;
2. THAT Council endorse the following resolution:
• WHEREAS a secure and competitively priced energy supply
is a key foundation for the maintenance and growth of a
competitive Ontario and Durham Region economy;
• AND WHEREAS Canada's and Ontario's nuclear industry has
a demonstrated track record of safety, innovation and
environmental stewardship;
• AND WHEREAS Canadian innovative design and
manufacture of nuclear reactor reports has proven to be
competitive in world markets;
• AND WHEREAS there is currently and projected to be an
increase in the expansion of nuclear construction worldwide
and Ontario and Durham Region stand to benefit through the
export of nuclear components and technology;
• AND WHEREAS more than 150 Canadian/Ontario companies
employ over 12,000 high tech workers in the nuclear energy
area;
• THEREFORE BE IT RESOLVED THAT the Town of Whitby
calls upon the Provincial Government to give priority in the
procurement process for the next generation of nuclear power
technology to be sited at Darlington, to the bidder that has
substantial current investments, strategic partnerships and
alliances in and with Ontario companies, and is prepared to
further establish and demonstrate continued investment in
and with Ontario companies to enhance and provide
sustainable employment opportunities for the new nuclear
build project; and,
Council Meeting Minutes - 39 - March 2, 2009
3. THAT the Clerk forward a copy of this report, once approved by
Council, to the Honourable George Smitherman, Deputy Premier
and Minister of Energy and Infrastructure; Honourable Michael
Bryant, Minister of Economic Development; Honourable Dwight
Duncan, Minister of Finance and Chair of the Management Board
of Cabinet; Honourable John Wilkinson, Minister of Research and
Innovation; Christine Elliott, MPPWhItby-Oshawa; all other
Members of Provincial Parliament in Durham Region; office of the
Prime Minister; Honourable Lisa Raitt, Minister of Natural
Resources; Honourable Jim Flaherty, Minister of Finance and
Minister Responsible for the GTA and MPWhitby-Oshawa; all
other members of Federal Parliament in Durham Region; Durham
Region Economic Development and Tourism Department; local
municipal economic development offices in Durham Region; all
Boards of Trade and Chambers of Commerce in Durham Region;
and the Regional Municipality of Durham and the Municipality of
Clarington."
Resolution #C-113-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution of the Town of Whitby with respect to the Ontario Nuclear
New Build Procurement Project be endorsed.
"CARRIED"
D - 22 Alex Mitchell, City Clerk, City of Cambridge, advising Council that on
February 9, 2009, the City of Cambridge adopted the following
resolution pertaining to Internet filtering software on computers:
"WHEREAS there is no law in Ontario prohibiting pornography and
other sexually explicit material from being viewed on computers in
public schools and libraries;
AND WHEREAS there are public schools and public libraries that do
not use Internet filtering software on computers that blocks such
inappropriate material;
AND WHEREAS significant changes have occurred with respect to
computer technologies, software and programs that could filter
access to inappropriate, explicit sexual content;
AND WHEREAS parents in the province of Ontario have the right to
ensure their children are protected from pornography and other
inappropriate material available on the Internet in their public schools
and libraries;
Council Meeting Minutes - 40 - March 2, 2009
THEREFORE BE IT RESOLVED THAT the council of the
Corporation of the City of Cambridge petitions the Honourable M.
Aileen Carrol, Minister of Culture, the Honourable Dalton McGuinty,
Premier of Ontario and, the Legislative Assembly of Ontario to
require all public schools and libraries in Ontario to be required to
install Internet filtering software on computers to avoid viewing of
sites with inappropriate, explicit sexual content;
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-114-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the City of Cambridge with respect to Internet filtering
software on computers be received for information.
"CARRIED"
D - 23 Kimberley Kitteringham, Town Clerk, Town of Markham, advising
Council that on February 10, 2009, the Town of Markham adopted
the following resolution pertaining to Federal Tax Incentives for
Heritage Properties Landmarks Not Landfill Campaign:
"1. WHEREAS according to the Heritage Canada Foundation,
Canada has lost more than 20% of its pre-1920 heritage buildings
to demolition over the past 30 years; and,
2. WHEREAS the Heritage Canada Foundation has stated that
urgent action is needed to stop the demolition of Canadian
landmarks, to restore and re-use them, and to acknowledge their
value as a reminder of our origins and cultures; and,
3. WHEREAS heritage buildings are also a valuable economic
development resource which supports re-urbanization initiatives
and tourism, stimulates adjacent development, increases
property values, all while providing environmental benefits by way
of reducing landfill, preserving natural resources and promoting
sustainability; and,
WHEREAS there are currently no federal financial incentives to
encourage private sector investment in the rehabilitation of heritage
properties; and,
Council Meeting Minutes - 41 - March 2, 2009
WHEREAS Heritage Markham, Council's heritage advisory
committee, has requested that the Town of Markham pass a
resolution requesting the Federal government to introduce financial
incentives which would encourage private sector investment in the
rehabilitation of historic properties; and,
BE IT RESOLVED THAT the Corporation of the Town of Markham
endorse resolutions by the Heritage Canada Foundation and the
Federation of Canadian Municipalities that request the Federal
Ministers of Finance and the Environment to establish tax incentives
which would encourage private sector investment in the rehabilitation
of heritage properties; and,
THAT this motion be forwarded to local Members of Parliament and
Greater Toronto Area (GTA) municipalities for their support; and
THAT the Association of Municipalities of Ontario be requested to
support the work of the Heritage Canada Foundation and the
Federation of Canadian Municipalities regarding the need for federal
tax incentives by endorsing a resolution at its Annual Convention;
and further,
THAT Staff be authorized and directed to do all things necessary to
give effect to this resolution."
Resolution #C-115-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Town of Markham with respect to Federal Tax
Incentives for Heritage Properties Landmarks Not Landfill Campaign be
endorsed `in principle'.
"CARRIED"
D - 24 Mayor Strauss, Township of Woolwich, advising the Township of
Woolwich is the only municipality in Ontario remaining in the 2009
Kraft Hockeyville title and requesting Council's assistance in
promoting support of Woolwich's bid for the Hockeyville title by
encouraging voting between 11:00 p.m. on February 28 to
11:59 p.m. on March 4, 2009. Unlimited votes can be cast by calling
1-866-533-8066, by text "Vote Woolwich" to 222111 or on-line at
www.WoolwichHockeyville.ca.
Council Meeting Minutes - 42 - March 2, 2009
Resolution #C-116-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D - 24 from Mayor Strauss, Township of
Woolwich with respect to Woolwich's bid for the Kraft Hockeyville title be
received for information.
"CARRIED"
D - 25 Linda Gasser, expressing concern with the process undertaken by
the Project Team regarding the Durham/York Environmental
Assessment for the proposed Energy-From-Waste facility, with
respect to public access to information and the public consultation
process, and requesting Council to write to the Joint Waste
Management Group to request that they direct the Project Team to
post all project information on the EA project website as soon as it
becomes available.
Resolution #C-117-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT the joint Waste Management Group be requested to direct the Project
Team to post all project information on the EA Project website within 24 hours
of it becoming available; and
THAT Linda Gasser be advised of Council's decision.
"CARRIED"
D - 26 Charles Mellon regarding the acquisition of 71 Old Kingston Road.
He understands that the Municipality wants to acquire his land as a
park and has been advised that the deal becomes final on May 20,
2009. He would very much like to rent the house at a reasonable
price or get an extension on the date that he must vacate the
property. The house is in the very corner of the property and should
not interfere with any park work that is being done.
Resolution #C-118-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item D - 26 from Charles Mellon with respect to the
acquisition of 71 Old Kingston Road be received for information.
"CARRIED"
Council Meeting Minutes - 43 - March 2, 2009
Resolution #C-119-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the order of the agenda be altered to address the two confidential matters at
this time.
"CARRIED"
Resolution #C-120-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of receiving legal advice regarding an insurance
claim and an assessment appeal.
"CARRIED"
The meeting resumed in open session at 10:50 p.m.
The Mayor advised that a closed meeting of Council was held in accordance with
Section 239 of the Municipal Act. Two legal matters were considered and two
resolutions were passed to provide direction to staff.
Resolution #C-121-09
Moved by Councilor Foster, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow for introduction of a motion.
"CARRIED"
Resolution #C-122-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the order of the agenda be altered to consider the passage of a by-law at this
time.
"CARRIED"
Council Meeting Minutes - 44 - March 2, 2009
BY-LAWS
Resolution #C-123-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-034, being a by-law to ratify the
appeal of the assessment of certain lands owned by Vermont Village Homes Ltd. to
the Assessment Review Board on behalf of the Municipality of Clarington and to
proceed with the said appeal; and that the said by-law be now read a first, second and
third time and finally approved.
"CARRIED"
Resolution #C-124-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the meeting proceed beyond the hour of 11:00 p.m. to allow for the completion
of the agenda.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 -General Purpose and Administration Committee Report February 23,
2009.
Resolution #C-125-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the General Purpose and Administration Committee Report of February 23,
2009, be approved.
"CARRIED"
- 45 - March 2, 2009
Council Meeting Minutes
BUSINESS ARISING FROM NOTICE OF MOTION
Councillor Trim chaired this portion of the meeting.
Resolution #C-126-09
Moved by Mayor Abernethy, seconded by Councillor Hooper
WHEREAS the residents of the Municipality of Clarington will be adversely affected by
the unusually severe economic climate, and there is an opportunity for Council to
recognize the hardship experienced by Clarington taxpayers;
NOW HEREBY BE IT RESOLVED THAT the Mayor of the Municipality of Clarington
advises that the 3% salary increase approved through by-law 2008-020 as the normal
wage increase applicable to the 2009 Mayor's salary will be returned to the
Municipality as a payroll deduction or direct re-payment;
THAT the associated 3% increase in monthly mileage allowance paid through payroll
will also be returned to the Municipality in the same manner;
THAT the overall salary established as appropriate for the position remain as
approved in by-law 2008-020, with the payroll deduction reflecting as a revenue to the
Municipality so as not to affect comparison with other Area Municipality rates; and
THAT the Municipal Councillors be encouraged to consider the same donation of the
3% salary increase and 3% mileage allowance increase by returning the increase to
be recognized as a revenue to the Municipality of Clarington for 2009.
"SEE FOLLOWING MOTION"
Resolution #C-127-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the foregoing Resolution #C-125-09 be tabled to the 2009 budget
education session which will be scheduled later this fall.
"CARRIED"
Mayor Abernethy resumed the Chair.
Council Meeting Minutes - 46 - March 2, 2009
Resolution #C-128-09
Moved by Councillor Robinson, seconded by Councillor Hooper
WHEREAS Clarington Council regrets that Mr. Richards has not been able to
address the General Purpose and Administration Committee or Clarington Council
over the past several months.
NOW THEREFORE BE IT RESOLVED THAT Resolution C-225-08, barring Mr. Jim
Richards from addressing the Clarington General Purpose and Administration
Committee or Clarington Council be rescinded.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Yes
No Declaration of
Pecuniary
Interest
Absent
Councillor Foster
Councillor Hoo er
Councillor Novak
Councillor Robinson
Councillor Trim
Councillor Woo
Ma or Aberneth
Resolution #C-129-09
Moved by Councillor Robinson, seconded by Councillor Hooper
WHEREAS Clarington Council regrets that Mr. Barry Bracken has not been able to
address the General Purpose and Administration Committee or Clarington Council
over the past several months.
NOW THEREFORE BE IT RESOLVED THAT Resolution C-230-08, barring
Mr. Bracken from addressing the Clarington General Purpose and Administration
Committee or Clarington Council be rescinded.
"CARRIED"
Council Meeting Minutes - 47 - March 2, 2009
UNFINISHED BUSINESS
Resolution #C-130-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Edgar Lucas be advised of the actions taken with respect to Correspondence
Item I - 50.
"CARRIED"
Resolution #C-131-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the request of Linda Gasser for Public Information Centres regarding the
Energy From Waste project be referred to the Chief Administrative Officer to request
the Regional Municipality of Durham to host such sessions within Clarington.
"CARRIED"
BY-LAWS
Resolution #C-132-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-024 to 2009-033 inclusive;
2009-024 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Rutherford Contracting Limited,
Gormley, Ontario, to enter into agreement for Highway 2,
Streetscape and Street Lighting Improvements, Bowmanville and
to repeal By-law 2009-008
2009-025 Being a by-law to authorize entering into an Agreement with the
Owner(s) of Draft Plan of Subdivision S-C-2008-0001, any
Mortgagee who has an interest in the said Lands, and the
Municipality of Clarington, in respect of S-C-2008-0001
2009-026 Being a by-law to establish certain lands as public highway, assume
them for public use and name them
2009-027 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
2009-028 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
Council Meeting Minutes - 48 - March 2, 2009
2009-029 Being a by-law to establish certain lands as public highway, assume
them for public use and name them
2009-030 Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Animal Licensing
Services Inc., Bowmanville, ON, to enter into agreement for the
Door-to-Door Selling of Animal Licenses for the Municipality of
Clarington
2009-031 Being a By-law to amend By-law 2007-039, a by-law to appoint
members to the Clarington Traffic Management Advisory
Committee for the Municipality of Clarington
2009-032 Being a By-law to adopt Amendment No. 66 to the Clarington
Official Plan
2009-033 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle; and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
Councillor Trim chaired the remainder of the meeting.
NOTICE OF MOTION
Mayor Abernethy and Councillor Hooper gave notice that they will be introducing the
following motion at the next Council meeting:
"WHEREAS in January 2007, amendments to the Ontario Municipal Act, S.O. 2001,
c.25, as amended under Bill 30, the Municipal Statute Law Amendment Act, 2006,
Part V (1) -Accountability and Transparency -Section 223.2(1) came into effect
which specifically authorizes a municipality to establish a code of conduct for
members of the council and of the local boards of the municipality;
AND WHEREAS the establishment of such codes of conduct are at the discretion of
all municipalities in Ontario, except for the City of Toronto, where as per the City of
Toronto Act, contains a mandatory requirement for the City of Toronto to establish a
code of conduct for their members of council;
AND WHEREAS some municipalities in Ontario have acted upon the above
mentioned amendments to the Ontario Municipal Act, to implement a code of conduct
for their members of council;
Council Meeting Minutes - 49 - March 2, 2009
AND WHEREAS the Municipality of Clarington, on July 17, 2006 revised and
approved Policy H-3 -Code of Ethics which provides a standard of conduct for the
employees of the Corporation in the carrying out of their work assignments and their
relationships with the public, elected officials and each other;
AND WHEREAS the Municipality of Clarington has not approved a Code of Conduct
that provides a standard of conduct for members of council;
AND WHEREAS many professions and associations such as the Ontario Municipal
Administrators' Association have developed and implemented various forms of codes
of conduct that have helped to increase the proficiency of its members and strengthen
the quality of municipal government through professional management;
AND WHEREAS a code of conduct may include provisions dealing with council-staff
relations and an explanation of the roles of Council and staff;
AND WHEREAS it is understood that attaining an elected position is a privilege which
carries significant responsibilities and obligations. It is further understood that
members of all municipal councils are held to a higher standard of behaviour and
conduct than the general public;
AND WHEREA the public has an expectation that members of council will conduct
their duties and actions to a level of integrity and impartiality that will bear the closest
of public scrutiny. Members of council must be independent, impartial and
responsible to the people of their respective municipality;
AND WHEREAS the above mentioned amendment to the Ontario Municipal Act,
pertaining to codes of conduct, will augment the existing oath of office that is sworn by
each member of council prior to taking their seat on the council of a municipality;
THEREFORE BE IT RESOLVED THAT council directs the Chief Administrative
Officer to research and review existing Codes of Ethics, Codes of Conduct and
Council Charters that various municipalities have adopted and form part of their
corporate governance, operating policies and procedures;
AND FURTHER to report and recommend to council on those findings, on or before
the September 14, 2009 GPA meeting."
OTHER INFORMATION
Resolution #C-133-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the presentation of John O'Toole, MPP, Durham, be received with thanks.
"CARRIED"
Council Meeting Minutes - 50 - March 2, 2009
Resolution #C-134-09
Moved by Mayor Abernethy, seconded by Councillor Novak
THAT the presentation of Roger Anderson, Chair, Regional Municipality of Durham,
be received with thanks.
"CARRIED"
Resolution #C-135-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentation of Pat McNeil, Sr. VP Generation Development, Ontario Power
Generation be received with thanks.
"CARRIED"
Resolution #C-136-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the presentation of Amy Burke, Clarington Living Green Community Advisory
Committee be received with thanks.
"CARRIED"
Resolution #C-137-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the presentation of Gord Lee, Arena Board Chair, Newcastle Arena be received
with thanks and the Arena Board be thanked for their dedication and hard work.
"CARRIED"
CONFIRMING BY-LAW
Mayor Abernethy stated a disclosure of pecuniary interest earlier in the meeting and
refrained from discussion and voting on the confirming by-law.
•
Resolution #C-138-09
Council Meeting Minutes - 51 - March 2, 2009
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-035, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 2"d day of March 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
n
lJ
ADJOURNMENT
Resolution #C-139-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 11:17 p.m.
"CARRIED"
~-
MAYO
•