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HomeMy WebLinkAbout09/21/2009 Council Meeting Minutes September 21, 2009 Minutes of a regular meeting of Council held on September 21, 2009, at 7:00 p.m., in the Council Chambers. Prior to the start of the meeting, a moment of silence was observed to acknowledge Private Sebastien Courcy, Corporal Christian Bobbitt, Sapper Matthieu Allard, Major Yannick Pepin, Corporal Jean-Francois Drouin, Private Patrick Lormand, Private Jonathan Couturier Canadian soldiers killed in action since July 2009. Councillor Hooper 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: Acting Chief Administrative Officer/Director of Corporate Services and Human Resources, M. Marano Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella, attended until 9:07 p.m. Director of Community Services, J. Caruana, attended until 9:07 p.m. Director of Planning Services, D. Crome, attended until 9:07 p.m. Deputy Treasurer, L. Gordon, attended until 9:07 p.m. Solicitor, D. Hefferon, attended until 9:07 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 9:07 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Staff Report #1. Later in the meeting, Councillor Hooper stated a pecuniary interest with respect to Report PSD-077-09 – Revision to Assumption Agreement to Permit the Development of Commercial Land, which was discussed at the Special Council Meeting, held on September 8, 2009, which he was not in attendance for. Council Meeting Minutes - 2 - September 21, 2009 ANNOUNCEMENTS Mayor Abernethy acknowledged staff of Emergency and Fire Services, particularly stst Acting Captain Randy Cowan, 1 Class FirefighterStephen Proctor and 1 Class FirefighterKen Ostler, for their acts of bravery in saving the lives of two residents in their home in Courtice. Mayor Abernethy acknowledged Cathy Abraham, Trustee, Kawartha Pineridge District School Board who is in attendance this evening. Councillor Robinson announced the following: ? The Annual Orono Chilli Cook-off will take place this Saturday, September 26, 2009. Councillor Robinson extended an invitation to all to attend and bid on pies and cakes that are being auctioned , visit the bakery and support the local community. ? The opening of the new kitchen at Kendal Community Centre will take place on Saturday, September 26, 2009, at 6:00 p.m. The project is the result of a Collaborative Agreement between The Trillium Foundation, The Kendal Community Centre Board and the Municipality of Clarington. ? On September 24, 2009, a Sport and Leisure Fair will be held at the Garnet B. Rickard Recreation Complex from 7:00 p.m. until 9:00 p.m. The public is invited to browse the displays by community organizations offering everything from volleyball and badminton to painting, music and horticulture. Councillor Woo announced the following: th ? The Greater Oshawa Chamber of Commerce will be hosting the 14 Annual Business Excellence Awards on Thursday, September 24, 2009. Two Clarington business will be honoured - The Bowmanville Zoo in the Business Excellence Category and Algoma Orchards in the Innovative Technology Category. ? On Thursday, September 24, 2009, the United Way of Oshawa, Whitby, Clarington, Scugog and Brock will be holding the Second Annual Barbeque Kick-Off Campaign for the United Way in Clarington. All local businesses are asked to participate. Councillor Woo extended an invitation to all to come out and enjoy a hamburger and support the United Way in helping those in need. ? He congratulated two full-time Firefighters who are furthering their education - Ken Ostler for attaining the Company Officer Certification and Steve Valk for attaining the Fire Prevention Officer Certification. Council Meeting Minutes - 3 - September 21, 2009 Councillor Hooper announced the following: ? The Hampton Community Hall Annual Family Barbeque was held this past weekend. The event was well attended, being the largest crowd ever, and many favourable comments were received. ? Today, he welcomed Peak’s Menswear to their new location at the west end of downtown Bowmanville in the former Sugar’s Bakery location, advised of the opening of the New Life Hearing Centre at 43 Ontario Street; and, congratulated Lange’s Photo on returning to their old location into new premises rebuilt following the downtown fire. MINUTES Councillor Hooper stated a pecuniary interest with respect to Report PSD-077-09 – Revision to Assumption Agreement to Permit the Development of Commercial Land, which was discussed at the Special Council Meeting, held on September 8, 2009, which he was absent from. He was involved in an Ontario Municipal Board Hearing with the original owners of the property, West Diamond Properties and Metrus. Resolution #C-492-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the minutes of a regular meeting of Council held on July 13, 2009, and the minutes of special meetings of Council held on August 31 and September 8, 2009, be approved. “CARRIED” PRESENTATIONS There were no presentations scheduled for this meeting. DELEGATIONS Bill Humber, Chair, Old Bowmanville Neighbourhood Association (OBNA) addressed Council on behalf of the OBNA concerning Correspondence Item D – 15 - Clarington Older Adult Association’s Request for Additional Parking at the Clarington Beech Centre. Mr. Humber stated the OBNA is outraged by the request of the Clarington Older Adult Association (COAA) for additional parking and paving at the Clarington Beech Centre, displacement of the Nursery School and now the tennis courts, and the increased sense of entitlement without respect for legacy. Mr. Humber stated the request for more on-site parking is without legitimacy as the COAA’s statistics confirm a shortfall in parking of the equivalent of two days over the course of a 365 day year, it is an expenditure without merit, given the relocation costs of the tennis facilities and associated paving of active lands for a dead use on almost 363 days, it is disruptive of Council Meeting Minutes - 4 - September 21, 2009 local amenity in the associated noise, refuse, and lack of neighbourhood respect associated with casual one time commercial functions; and is unsubstantiated given that within a quarter mile there are over 100 spaces on public streets. Mr. Humber stated that it is a rejection of what the COAA has already been told -- that their unwarranted increase in parking to the south side of the building in 2002 was to be the last encroachment on green space. Mr. Humber stated the OBNA’s position is that the current remaining green space and parkland, as well as the tennis courts and the children’s playground, must be retained and requested that the COAA be told to either live within their existing space or to find another place with unlimited parking and leave the neighbours to work with staff on the future use of the Beech Centre building. Linda Gasser advised prior to the meeting that she would not be addressing Council. Peter Evans, President and Don Welsh, Director, Clarington Older Adult Association (COAA), addressed Council concerning Item 9 of Report #1 – Heritage Conservation District Review. Mr. Evans expressed concern that the COAA was not part of the Heritage District Survey and did not receive or fill out a questionnaire and was not informed the survey contained derogatory comments concerning the Association. Mr. Evans stated the COAA takes strong exception to comments contained in Attachment #1 to Report PSD-087-09 which they feel are gratuitous and anti- Clarington Older Adult Association. Mr. Evans stated that only the COAA objected to the purchase of 26 Beech Avenue to house the Association and that they made several representations to Council outlining potential problems, including being located in a residential area and the lack of parking. Mr. Evans advised that at that time, the Association was assured that the location would not be problematic and that additional parking would be addressed as and when the need arose. As such, the Association believes that staff and Council must now accept full responsibility for current issues resulting from the centre being located in a residential area and must recognize that the Heritage District Designation will compound these problems and potentially tie Council’s hands in dealing with property ownership and the COAA’s operations in the future. Mr. Evans stated the Association is an economical and successful Centre that members love and respect and to suggest that a cap be put on its membership is unthinkable. He stressed that the Heritage Conservation District Designation should not be allowed to adversely affect increasing parking capacity for the Centre and requested that Council table Report PSD-087-09 until such time as feedback from the Clarington Older Adult Association is considered and addressed. Council Meeting Minutes - 5 - September 21, 2009 COMMUNICATIONS Resolution #C-493-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 3, I - 8, I - 12, I - 15, I - 19, I - 25, I - 30, I - 31 and I - 32. “CARRIED” I - 1 Minutes of the Central Lake Ontario Conservation Authority dated June 23, 2009. I - 2 Minutes of the Durham Nuclear Health Committee dated June 19, 2009. I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated August 11, 2009 and September 8, 2009. I - 5 Minutes of the Clarington Heritage Committee dated June 16, 2009. I - 6 Minutes of the Clarington Agricultural Advisory Committee dated September 3, 2009. I - 7 Minutes of the Clarington Accessibility Advisory Committee dated September 9, 2009. I - 9 Correspondence has been received from the following individuals/groups objecting to the proposed “Energy-From-Waste” facility due to health risks, increased pollution, lack of adequate monitoring and safety precautions; suggesting advertising the garbage incinerator in Courtice as “Clean Energy From Waste” was misleading, requesting Council to think of the health of future generations; requesting how this project can be stopped; and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Gloria Duggan b) Virginia Ervin, CEO, Durham Federal Green Party Association c) Judy Sharpe Council Meeting Minutes - 6 - September 21, 2009 I - 10 Karen O’Brien, Community Engagement Consultation, Central East LHIN, forwarding background information on funding for supportive housing for Ontario Addictions Programs to help people who are homeless or at risk of homelessness and who may be repeat users of addictions treatment system, have complex addition problems or concurrent disorders; indicating the Central East LHIN will receive $423,000 for 32 supportive housing units to help people living with addictions to increase stability and security in their lives and to reduce pressure on hospital emergency rooms; and, advising of the creation of the Minister’s Advisory Group on Mental Health and Addictions and the Select Committee on Mental Health Additions which will provide input on the development of a long-term strategy for mental health and additions for the province. I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 29, 2009, the City of Oshawa adopted the following resolution pertaining to the Draft Environmental Assessment Report – Energy From Waste Facility: “THAT the draft Environmental Assessment Report concerning the Durham/York Residual Waste Study incorporating previous draft Assessment Reports and a description of the vendor selection process, the undertaking, an assessment of the potential effects of the undertaking and statements of commitment be rejected; and, The City of Oshawa send a letter to the Minister of the Environment and to the Environmental Assessment Review Process staff indicating: 1. THAT the City of Oshawa continues to oppose the construction of an Energy From Waste (incinerator) Facility in the Municipality of Clarington; and, 2. THAT the City of Oshawa considers the Environmental Assessment Review process and public consultation to be insufficient to support such a project; and, 3. THAT the City of Oshawa urges the Minister to: a. reject the Environmental Assessment application, or b. failing that decision, to require the Region of Durham to redo the Environmental Assessment process by looking at all options beyond incineration and to ensure full and effective public consultation in all member municipalities in the Region of Durham; and, Council Meeting Minutes - 7 - September 21, 2009 THAT copies of this resolution be sent to the Regions of Durham and York, their member municipalities, their MPs and MPPs and to the leaders of the political parties in the Ontario Legislature and Canadian Parliament.” I - 13 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA), forwarding copies of the Long Term Terrestrial Monitoring Program Report, the Aquatic Monitoring Program 2008 Annual Report and the Wildlife Monitoring Program 2008 Annual Report, received and endorsed by CLOCA’s Board of Directors on June 23, 2009. I - 14 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation, (OPG) advising that OPG is continuing with the federal approvals process for new nuclear units at the Darlington Nuclear Generating Station, as suspension of the nuclear procurement process announced by the Province on June 29, 2009, does not include suspension of the federal approvals process; indicating that OPG is working to complete the Environmental Impact Statement (EIS) and application for a licence to prepare the site (LTPS) and will submit the EIS and the application for a LTPS to a federally-appointed Joint Review Panel in the fall of 2009; and, will keep Council informed through regular updates as the work progresses. I - 16 John R. O’Toole, MPP, Durham, writing further to Council’s resolution concerning the control of giant hogweed; forwarding correspondence he received from the Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, responding to a constituent’s concerns regarding giant hogweed and outlining options for the management of the species including provisions for municipalities to pass by-laws whereby giant hogweed would be considered a noxious weed within the area that the by-law applies and the use of certain pesticides, exempted under the Pesticides Act ,for killing plants that are poisonous to the touch, including giant hogweed. Additional information is available on the Ministry’s website at www.ontario.ca/pesticideban or by calling 1-800-565-4923. Council Meeting Minutes - 8 - September 21, 2009 I - 17 Harshad Patel, P.Eng., B. C. Instruments, Member of the Organization of CANDU Industries, applauding the Ontario Power Authority’s (OPA) suggestion for new nuclear power plants to be part of Ontario’s future base load supply; advising that B. C. Industries has designed, manufactured and supplied several components and assemblies for CANDU Nuclear Reactors over the past 30 years and supports Canadian-made CANDU reactors as Ontario’s best choice; urging the Ontario Provincial government to choose CANDU nuclear for its new nuclear build program, helping to keep jobs and economic benefits in Ontario; and, urging the Ontario Government not to repeat history and lose Canadian technology as evidenced when the Federal Government scrapped the “AVRO Arrow” program; and, to reconsider ACR1000, designed by AECL to ensure clean energy for long-term survival. I - 18 The Honourable John Baird, Minister of Transport, Infrastructure and Communities, and the Honourable George Smitherman, Ontario’s Deputy Premier and Minister of Energy and Infrastructure, advising that the Municipality of Clarington was selected and approved for funding under the Infrastructure Stimulus Fund, a collaborative partnership between all three levels of government, for Federal funding in the amount of $826,667 and Provincial funding in the amount of $826,667 for the Concession Road 6 Pavement Rehabilitation – Old Scugog Road to Acres Road Project; and that staff from the Canada-Ontario Infrastructure Secretariat will develop a Contribution Agreement to ensure funds will be reimbursed without delay. I - 20 Oak Ridges Trail Association Media Release dated August 13, 2009, announcing the Oak Ridges Moraine has received funding support in the amount of $144,800 to allow the Oak Ridges Trail Association, the Oak Ridges Moraine Land Trust and Save the Oak Ridges Moraine to join forces under a common brand: “The Moraine. For Life. Working Together for the Oak Ridges Moraine.” to work collaboratively on outreach and education, developing a joint membership/donor base and coordinating community supports by adopting and implementing common volunteer management policies, sharing resources and encouraging greater awareness of the moraine. Further information is available by contacting Stan Butcher, Acting Executive Director, Oak Ridges Trail Association at execdir@oakridgestrail.org or Judy Gilchrist, Research Development Officer at jgilchrist@stormcoalition.org. Council Meeting Minutes - 9 - September 21, 2009 I - 21 Ann-marie Harley, Event Organizer, Newcastle’s Art Show Inc., a not for profit corporation operating as a Gift of Art, Clarington’s Artist & Artisan’s Outlet, thanking Council for support of this community event and staff of the Operations Department for their efforts in putting the grounds at the Bond Head Parkette in immaculate condition for the 2009 show; advising they are introducing “Music on a Sunday Afternoon” in the garden behind 20 Robert Street West in an attempt to introduce the community to the Gallery and that they expect to have their catalogue of fall and winter classes available for distribution th on August 15; and, extending an invitation to Council to drop by and enjoy the continually evolving artistic works of the people of Clarington and surrounding areas. I - 22 Barbara Karrandjas, Legislative Administrator, Town of Caledon, writing to the Standing Committee on General Government of the Provincial Legislature, advising that on August 4, 2009, the Town of Caledon, adopted the following resolution pertaining to the Mining Act and Aggregate Resources Act: “THAT Report LS-2009-003 regarding Proposed Amendments to the Mining Act and Recommended Amendments to the Aggregate Resources Act be received; and THAT Council support the following amendments to the Aggregate Resources Act: 1. THAT the purpose section recognize that mineral resources cannot be extracted where there are threats to the environment or water, 2. THAT municipalities have the same power as the communities in the Far North have in regard to mining – namely the power to designate areas as inconsistent with resource extraction, whether mining or aggregate extraction, and 3. THAT the Minister of Natural Resources has the power to exclude Crown lands from the extraction of aggregate resources on environmental considerations. THAT Council authorize the submission of Report LS-2009-033 regarding Proposed Amendments to the Mining Act and Recommended Amendments to the Aggregate Resources Act and Council’s Resolution regarding the Report to the Standing Committee on General Government of the Provincial Legislature; and Council Meeting Minutes - 10 - September 21, 2009 THAT Council instruct the Clerk to forward Report LS-2009-033 regarding Proposed Amendments to the Mining Act and Recommended Amendments to the Aggregate Resources Act and Council’s resolution in regard to the Report to the Standing Committee on General Government, to The Honourable Donna Cansfield, Minister of Natural Resources, to Sylvia Jones, MPP, to the Association of Municipalities of Ontario (AMO), the Caledon Environmental Advisory Committee (CEAC), to the Coalition of concerned Citizens (CCC), to the Canadian Institute for Environmental Law and Policy (CIELAP), the Toronto Environmental Alliance and to the major aggregate producer municipalities in Ontario.” I - 23 Correspondence has been received from the following individuals/groups nominating various roads under the Municipal Roads Coalition’s Worst Municipal Roads Program; urging Council to support the campaign which emphasizes the urgent need for funding from the Federal and Provincial Governments; and, encouraging Council to publicly call on the Prime Minister of Canada and the Premier of Ontario to commit to share more gas tax revenue with communities to help repair municipal roads and bridges. Name Road Alex Mitchell Concession Road 6, west of Solina Village Matthew Marsh Concession Road 6 Megan Barker Concession Road 6 Wm Bruce Luke Concession Road 6 Wesley Werry Concession Road 6 Caroline Matthews Old Scugog Road Ken Andrews Old Scugog Road Henry Gassmann Old Scugog Road John Whitehead Arthur Street Darlene Sheppard Cobbledick Road Mark Dempster Regional Road #57 Council Meeting Minutes - 11 - September 21, 2009 I - 24 Doug Hately suggesting that the campaign to name the worst municipal roads is a misguided waste of time as he feels Clarington’s roads are in excellent condition and that the real problem is with drivers’ poor driving habits. Mr. Hately suggests that there needs to be much stronger enforcement of traffic laws to make the roads safer and that the occasional bump is good for slowing down speeders. I - 26 Christine A. Fahey, Project Director, Port Hope Area Initiative Management Office, AECL, informing the Municipality that the Responsible Authorities, Natural Resources Canada and the Canadian Nuclear Safety Commission, have supported the conclusions of the Environmental Assessment Screening Report Port Granby Long-Term Low-Level Radioactive Waste Management Project; indicating that the project is not likely to cause significant adverse environmental effects, and supporting the recommendations for the mitigation measures and preparation of the necessary Follow- Up Plan and Program. In the event that the Municipality of Clarington finds that the Project described in the final Screening Report is not that which was previously consented to by the Municipality, the Legal Agreement provides for a 60-day consultation period followed by a 30-day period for the Municipality to decide if it wants to proceed with the project and the proponent has requested to be informed of the Municipality’s intent in this regard. I - 27 Lion Linda Duffie, Past President, Bowmanville Lions Club, extending th appreciation to their corporate sponsors for helping to make the 14 Annual Rubber Duck Derby a success and looking forward to continued involvement next year. I - 28 Association of Municipalities of Ontario (AMO) Member Communication dated August 26, 2009, providing an update on the communications requirement of the Federal Gas Tax Fund advising that municipalities have a responsibility to communicate with the public to promote the benefits of the Federal Gas Tax Fund by showing that long term, predictable funding leads towards investments in environmentally sustainable infrastructure and demonstrating the success of the Federal-Municipal partnership; and, encouraging municipalities to take advantage of the Federal Gas Tax Fund communications toolkit available on the AMO website, to notify AMO of upcoming events related to gas tax funded projects for assistance in preparing news releases, media advisories and invitations to ground-breaking or ribbon-cutting ceremonies, and to submit photographs of gas tax funded projects for inclusion in AMO’s future GTF Annual Reports and GTF Outcomes Reports. Council Meeting Minutes - 12 - September 21, 2009 I - 29 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, forwarding a copy of the 2008 Oak Ridges Moraine Foundation Annual Report profiling the Foundation’s many partners – agencies, non-government organizations and landowners who have committed their knowledge, time and energy to protecting The Moraine. For Life. I - 33 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, providing an update on the progress of uploading of previously cost-shared social benefit programs i.e. Ontario Disability Support Program (ODSP) and Ontario Drug Benefit (ODB) off the municipal property tax base; indicating that in 2010 the Province will gradually phase in the uploading of costs of the Ontario Works Benefits (Income and Employment Assistance) and in 2012 will phase in the upload of municipal costs for court security and for transportation of prisoners; advising that the Province continues to be mindful of municipal infrastructure pressures and have repeatedly made the case to the Federal government for increased assistance for infrastructure funding; and, encouraging municipalities to continue allocating some of the savings realized from the uploads to municipal infrastructure. I - 34 Bruce Pearse, Chair, Land Use Council (LUC), writing to the Honourable Donna Cansfield, Minister of Natural Resources, expressing concern with the fast-tracking of proposed species habitat regulations into legislation with a lack of balanced, effective and timely landowner consultation and communication by the Ministry of Natural Resources, and expressing concern with the implementation and enforcement of the Endangered Species Act 2007 and prospect of fines and sentences for violators charged under the strict liability provisions of the Act. I - 35 Edmond Vanhaverbeke, President, Syvan Developments Limited, commending Municipal staff, specifically Rick Pigeon and Gord Weir, for their involvement in an emergency situation that occurred on May 8, 2009, when a portion of the existing foundation wall of 101- 109 King Avenue West collapsed forcing the evacuation of commercial businesses and residential apartments and also expressing appreciation to Mayor Abernethy and Councillor Robinson and Councillor Woo for attending the site and providing support. Mr. Vanhaverbeke reports that the building addition is now coming along very well, is fully leased in advance and will be an attractive addition to Newcastle’s downtown. Council Meeting Minutes - 13 - September 21, 2009 I - 36 Libby Smithson, Debbie Dunham, Yvonne Stefanin, Althea Chaffey, BBQ Committee, Newtonville Community Hall Board extending appreciation to the Municipality for helping to make their barbeque on th August 9 a successful day filled with fun, good food and music for kids and adults alike and looking forward to next year’s event. I - 37 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding information on CLOCA’s 2009 Watershed Awards to recognize environmental contributions made by the community towards the stewardship and enhancement of the watersheds and seeking nomination suggestions for contributions made by individuals, community groups and businesses/corporations. The deadline for submission is September 25, 2009. I - 38 Michael Binder, Canadian Nuclear Safety Commission (CNSC) forwarding a copy of the CNSC Staff Integrated Safety Assessment of Canadian Nuclear Power Plants for 2008, evaluating how well licensees are meeting regulatory requirements and CNSC expectations to ensure the health and safety of Canadians and the environment; providing an overview of the safety performance of Darlington Nuclear; indicating the Darlington integrated plant rating for 2008 was “Fully Satisfactory”, all safety and program areas were rated at either “Fully Satisfactory” or “Satisfactory” with the exception of the Equipment Qualifications rated at “Below Expectations” due to the incomplete environmental qualification requirements of equipment at the station; however, a project has been underway to meet all requirements and is scheduled to be completed by December 31, 2010. The correspondence confirms that overall, Ontario Power Generation made adequate provision for the protection of the environment, health and safety of persons and measures required to implement Canada’s international obligations. I - 39 Stu Seedhouse, Senior Vice-President, Darlington Nuclear, providing information on the 2008 annual Canadian Nuclear Safety Commission (CNSC) assessment of Canadian nuclear stations; indicating that the CNSC assessment concluded Ontario Power Generation’s (OPG) Darlington Nuclear operations were “Fully Satisfactory” and Pickering A and B stations performed at a “Satisfactory” level; advising that Darlington received 10 “Fully Satisfactory” marks, 10 “Satisfactory” grades and one “Below Expectations” mark of the 21 categories graded; advising that the “Below Expectations” mark was for the Equipment Qualification program and the rating was expected as the program is currently the subject of a continuous improvement process, and noting that until the process is completed in 2010, the mark in the EQ category will remain the same; and, indicating that he would be happy to answer Council Meeting Minutes - 14 - September 21, 2009 questions individual Council members may have on this or any other issue. I - 3 Minutes of the Ganaraska Region Conservation Authority dated June 18, 2009. Resolution #C-494-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the Minutes of the Ganaraska Region Conservation Authority dated June 18, 2009, be received for information. “CARRIED” I - 8 Bob Malcolmson, CEO & General Manager, Greater Oshawa Chamber of Commerce, forwarding a copy of a media release outlining details of correspondence the Chamber sent to Prime Minister Stephen Harper and Premier Dalton McGuinty voicing their concern with the decision to suspend the RFP process for new nuclear power for Ontario at a time when the Canadian economy is in severe recession; indicating the loss of this build is devastating to the economies of the Province and the Region and impacts the construction industry, suppliers, manufacturers, transportation and the local university; warning that Canada’s Technology future is at stake; urging both levels of government not to make the same mistake with Nuclear as Canada did in 1959 when Government cancelled the AVRO Arrow, crippling the domestic aerospace industry and sending the country’s engineers and scientists south; and, commenting that if Canada is going to be able to position itself to be a leader in the nuclear renaissance, Ontario must make a decision and send an important message to the world that Ontario’s nuclear manufacturers are open for business. Resolution #C-495-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I – 8 from the Greater Oshawa Chamber of Commerce, voicing their concern to Prime Minister Stephen Harper and Premier Dalton McGuinty with the decision to suspend the RFP process for new nuclear power for Ontario, be endorsed. “CARRIED” Council Meeting Minutes - 15 - September 21, 2009 I - 12 P. Madill, Regional Clerk, Region of Durham, writing to the Honourable James Bradley, Minister of Transportation, advising that on June 24, 2009, Durham Regional Council adopted the following resolution pertaining to the Highway 407 East Completion Environmental Assessment (EA) – Pre-submission Review of the Draft EA Report: “a) THAT Regional Council endorse the Technically Preferred Route, consisting of the Highway 407 Mainline, West Durham Link and East Durham Link in principle, as the basis for the submission of the Final EA Report to the Minister of the Environment; b) THAT the Region urges the Ministry of Transportation to commit to the construction of the entire Highway 407 Mainline, West Durham Link and East Durham Link by 2013 as one phase of construction; c) THAT the Lake Ridge Road interchange at Highway 401, and the widening of Highway 401 between Salem Road and the West Durham Link, be included in the five-year construction program for Southern Ontario highways (i.e. 2009-2013), to coordinate with the construction of the West Durham Link; d) THAT as part of the five-week Pre-Submission Review, Regional staff provide comments to the Project Team on the Draft EA Report and Preliminary Design of the Technically Preferred Route during the Council summer recess; e) THAT the Ministry of Transportation be requested to work closely with the Region and area municipalities following submission of the Final EA Report, through further design work and implementation plan development; and f) THAT the Ministry of Transportation not preclude the future connection of the transitway along the West Durham Link to a potential GO Station south of the Highway 401 in the area of Lakeridge Road through design and by including in the Highway 407 Environmental Assessment Study a notation showing this possible future connection; g) THAT the design and construction of all structures crossing the Highway 407 Mainline, West Durham Link and East Durham Link include adequate provision to accommodate pedestrians, cyclists and persons with disabilities, at no cost to the Region or area municipalities; and Council Meeting Minutes - 16 - September 21, 2009 h) THAT a copy of Joint Report #2009-J-25 be forwarded to the Ministry of Transportation, area municipalities and Conservation Authorities.” Resolution #C-496-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Region of Durham, with respect to the Highway 407 East Completion Environmental Assessment (EA) – Pre-submission Review of the Draft EA Report, be endorsed. “CARRIED” I - 15 Dave Wartman, Director, Atmospheric Monitoring, Weather and Environmental Monitoring Directorate, Meteorological Service of Canada, responding to Council’s request for Environment Canada to investigate the installation of a weather station in Clarington; indicating that unfortunately, it is not possible for Environment Canada to establish monitoring stations in every community, noting there is an automatic weather station located in Cobourg, weather stations located in Peterborough and Toronto Buttonville Airport and volunteer climate stations located in Marsh Hill, Blackstock and Oshawa; advising that the Meteorological Service of Canada (MSC) continually reviews their network configuration relative to weather and climate information requirements, new technologies and potential partnerships to lead to improvements in services; and, advising that although the MSC has no immediate intention to install a full automatic station in the vicinity of Clarington, they are considering the establishment of a broader cooperative observing system, and inviting the Municipality to contact Joanne St-Coeur, Regional Director, Weather and Environmental Operations, Meteorological Service of Canada should Council wish to discuss this further. Resolution #C-497-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I – 15 from the Meteorological Service of Canada with respect to the installation of a weather station in Clarington be received for information; and THAT the opportunity of a weather station in Clarington continue to be pursued as time progresses. “CARRIED” Council Meeting Minutes - 17 - September 21, 2009 I - 19 The Honourable Dalton McGuinty, Premier of Ontario, writing to Allan P. Lafontaine, President, Tax Recovery Group, concerning the proposed single, value-added sales tax announced in the 2009 Ontario Budget, thanking the Group for their input and support of the Province’s tax reform which will make Ontario’s economy more competitive for the benefit of citizens and businesses; and, advising that the specific issue raised regarding the rebate for municipalities under the new tax system has been forwarded to the Honourable Dwight Duncan, Minister of Finance, for a direct response to the Tax Recovery Group. Resolution #C-498-09 Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS the Provincial Government has announced a comprehensive tax reform package that will include the introduction of the Harmonized Sales Tax (HST), subject to legislative approval and the signing of a tax agreement, effective July 1, 2020; WHEREAS the Province has stated that the HST would be treated the same as under the current GST rules, requiring Municipalities to pay the HST on their purchases and then apply for a municipal public services body rebate; WHEREAS the provincial rebate would be set at a rate of 78% compared to the federal rebate rate of 100% currently allowed; WHEREAS the Province anticipates that the fiscal impact to Municipalities will be neutral relative to the Retail Sales Tax that is currently paid; WHEREAS the Municipality of Clarington cannot determine the full financial impact of the new HST legislation until the transitional rules and procedural details of the change have been reviewed; AND WHEREAS the preliminary numbers suggest the HST may represent a fiscal burden to Municipalities; NOW THEREFORE BE IT RESOLVED THAT the Provincial Government be requested to increase the provincial rebates for Municipalities to a rate of 100%, mirroring the federal rebates currently existing in the GST legislation to truly achieve fiscal neutrality and reduced administrative burden; Council Meeting Minutes - 18 - September 21, 2009 AND THAT the Honourable James M. Flaherty, Federal Minister of Finance, the Honourable Dwight Duncan, Provincial Minister of Finance, Bev Oda, MP, John O’Toole, MPP, the Association of Municipalities of Ontario, and the Municipal Finance Officers’ Association be provided a copy of this resolution.” “CARRIED” I - 25 Goldak Airborne Surveys advising that they have been contracted by Health Canada to provide an airborne survey of a large portion of southern Ontario, including the Municipality of Clarington; indicating that as part of their “Work Zone Plan” to Transport Canada, they are required to notify the municipality of the work being undertaken; advising that the survey will be conducted between September 1 and December 1, 2009, and will entail the use of a twin engine Piper Navajo aircraft equipped with survey equipment and two pilots flying at an altitude of 150 metres above the highest obstruction in the community in a grid pattern with flight lines one kilometer apart so the number and frequency of passes and noise impact to the community will be minimal. Further information is available by contacting Goldak Airborne Surveys at 306-249-4474. Resolution #C-499-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence I – 25 from Goldak Airborne Surveys with respect to a Health Canada Airborne Survey, be referred to staff for further information. “CARRIED” I - 30 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, forwarding the 2009 reporting requirements for the Municipal Performance Measurement Program (MPMP) and schedule containing the list of measures effective January 1, 2010; indicating Municipalities will begin reporting tangible capital assets and amortization in their financial statements in accordance with the Public Sector Accounting Board’s Guideline PS 3150; advising that the Ministry is presently exploring the feasibility of adding measures concerning building services, social housing, long-term care and museums; and, inviting municipalities to subscribe to Municipal Information Data and Analysis System (MIDAS), AMO’s web-based software tool providing municipalities with free access to MPMP and FIR data to enable staff to perform self-generated comparisons with other municipalities. Council Meeting Minutes - 19 - September 21, 2009 Resolution #C-500-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I – 30 from The Honourable Jim Watson, Minister of Municipal Affairs and Housing, with respect to the 2009 reporting requirements for the Municipal Performance Measurement Program (MPMP), be received for information. “CARRIED” I - 31 Durham Region Transit (DRT) advising that DRT is in the process of developing a Long-Term Transit Strategy to lay out a vision, assess alternatives, and establish specific directions for transit in Durham Region and the role that rapid transit will take in the years to come; and, inviting members of the public to attend Open Houses across the Region to gain public input. In Clarington, the Public Information Centre will be held at the Garnet Rickard Centre – North Hall, on November 2, 2009, from 4:00 p.m. to 8:00 p.m. Resolution #C-501-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I – 31 from Durham Region Transit (DRT), with respect to the Long-Term Transit Strategy, be received for information. “CARRIED” I - 32 Association of Municipalities of Ontario (AMO) Member Communication dated September 3, 2009, advising of Federal and Provincial funding programs for rural and northern broadband development under the Federal Broadband Canada Program and the Province’s Building Broadband in Rural and Northern Ontario programs; advising that funding is available to eligible private sector companies, consortiums, not-for-profit organizations and municipalities to assist in bringing broadband connectivity to unserved and underserved areas; and, that the application period is open until October 23, 2009. Council Meeting Minutes - 20 - September 21, 2009 Resolution #C-502-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item I – 32 from the Association of Municipalities of Ontario (AMO), with respect to Federal and Provincial funding programs for rural and northern broadband development, be referred to the Director of Corporate Services and Human Resources and to the Clarington Board of Trade. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-503-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 20 be approved as per the agenda, with the exception of Items D - 1, D - 3, D - 5 and D - 16. “CARRIED” D - 2 Bernice Watson expressing concern with the loss of acute care services and on site internists from Lakeridge Health Bowmanville as proposed by the LHIN, the impact the decision will have on quality of care and the domino effect on other services such as EMS who are already transporting and waiting with patients in various hospitals and the impact this may have on the number of vehicles/staff needed to transport patients no longer able to stay in Lakeridge Health Bowmanville; and, questioning the rationale of removing acute care services from a thriving hospital and a growing community. (Correspondence 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 (LHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care) Council Meeting Minutes - 21 - September 21, 2009 D - 4 Association of Municipalities of Ontario (AMO) Member Communication dated July 15, 2009, advising the Ministry of Transportation is accepting applications for the 2009-2010 Ontario TDM Municipal Grant Program: A Program to Encourage cycling, Walking, Transit and Trip Reduction. The program will provide financial assistance to Ontario Municipalities for the development and implementation of TDM plans, programs and services that promote alternatives to driving alone. Program details are available on AMO’s website and the deadline for receipt of applications is October 2, 2009. (Correspondence referred to the Director of Engineering Services) D - 6 Bobby-Jo Penney, opposing the proposed demolition of Camp 30; and, requesting Council to do all that is necessary to preserve the nation’s historical heritage sites for future generations. (Correspondence referred to the Director of Planning Services) D - 7 Beth Cullen-Keidann, Public Health Nurse, Region of Durham, advising October is recognized as “International Walk to School th Month” and Wednesday, October 7 is known as “International Walk to School Day (IWALK)”; inviting the residents of Clarington to th participate in the 9 Annual IWALK events such as walking, cycling and wheeling as a means by which to get to and from school; highlighting the benefits of participating in active transportation; and, encouraging the Municipality to proclaim the month of October as th “Walk to School Month” and October 7 as “International Walk to School Day”. (Proclaimed) D - 8 Karyn Kennedy, Executive Director, and Siew Lee Brett, Manager of Fund Development, Boost: Child Abuse Prevention & th Intervention, advising of the 5 Annual “Go Purple for Prevention! Campaign” to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth and to raise funds to support the organization’s primary prevention programs; and, requesting Council to proclaim October as “Child Abuse & Neglect Prevention Month” and to encourage citizens to wear something purple to show their support. (Proclaimed) Council Meeting Minutes - 22 - September 21, 2009 D - 9 Clinton Shane Ekdahl, expressing concern with the disappearance of honey bees in alarming numbers all over the world succumbing to Colony Collapse Disorder (CCD) and with the resulting impact on plant species and their role in the stability and survival of the environment; and, requesting that May 29, 2010 be declared as the first annual “Day of the Honey Bee”, and thereafter in perpetuity, to raise awareness and respect for Honey Bees. (Proclaimed) D - 10 Donald G. Duthie, Sponsoring Chairman, 172 Clarington Osprey Squadron, Royal Canadian Air Cadets, requesting permission to hold a Tag Weekend starting October 1 through to October 4, 2009. (Approved for Tag Days October 1, 2009 to October 4, 2009) D - 11 Ive Balins, Crohn’s and Colitis Foundation of Canada, advising the month of November has been officially designated by the Federal Minister of Health in 2006 in an effort to advance public understanding of the urgency of finding a cure for Crohn’s disease and ulcerative colitis; and, requesting that the Mayor provide a letter of support for local and national based initiatives and that November, 2009 be proclaimed as “Crohn’s and Colitis Awareness Month” in Clarington. (Proclaimed) D - 12 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, Christine Norris, President, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and Peter Hume, President, Association of Municipalities of Ontario (AMO), advising of the positive response received from municipalities and schools that participated in Local Government Week 2008 and extending an invitation to participate in “Local Government Week” to be held October 18 to 24, 2009, to showcase the services municipalities provide to the community as well as the wide range of careers in local government; and, forwarding an updated information package and resource guides for use in planning activities and events that would be of interest to schools and the general public. (Proclaimed) Council Meeting Minutes - 23 - September 21, 2009 D - 13 Correspondence has been received from the following individuals advising the Bowmanville Tennis Club is part of Bowmanville’s historic core providing a first class outdoor sport facility maintained at no cost to the municipality; expressing concern with the potential loss of the Bowmanville Tennis Courts and the expansion of parking into the local community park as a solution to the parking problems experienced by the Older Adult Association; suggesting the Older Adult Association consider satellite locations to expand their programming; and, urging Council to recognize the club’s historic and community value and to find another solution to the parking problem. a) Kim Majid, President, Bowmanville Tennis Club b) Pat Marjerrison c) Melanie and Rod Mcarthur d) Jo-Anne L. James e) Allison Fellowes Strike f) Timothy James g) Sally Christmas h) Dorothy Kelly (Correspondence referred to the Director of Engineering Services) D - 14 Douglas Morgan offering a compromised solution to the parking issue at the Clarington Beech Centre, suggesting that the Bowmanville tennis courts be turned into additional parking at the end of this year’s tennis season on the guarantee that new courts be built early next spring to the west of the existing courts and realigning the horseshoe pitches creating additional parking to the south. (Correspondence referred to the Director of Engineering Services) D - 15 Bill Humber, Representative of the Old Bowmanville Neighbourhood Association, in opposition to the Clarington Older Adult Association’s request for additional parking at the Clarington Beech Centre, indicating the request will impact neighbourhood resources including the tennis courts and green space. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes - 24 - September 21, 2009 D - 17 Correspondence has been received from the following West Beach cottagers outlining their family history and personal significance of the Bowmanville West Beach; requesting to remain in their cottages until the new park is an established reality; suggesting that their presence on the beach would be a deterrent to acts of vandalism and hoping that the Municipality will grant life-time leases to the present owners similar to what has been done in Sand Banks Park and Toronto Islands: a) Chuck and Gail MacDonald b) Dr. Edwin J. Bounsall c) Gary Cole d) Shirley Fowler e) Jean Severs (Correspondence referred to the Director of Planning Services) D - 18 Sid Ryan, President, Canadian Union of Public Employees (CUPE) and Tracy Saarikoski, President, The Ontario Coalition for Better Child Care (OCBCC) requesting that Wednesday, October 21, 2009, be proclaimed as “Child Care Worker & Early Childhood Educator Appreciation Day” in Clarington, in recognition of the many people who work providing care to children and contribute to the economic life of communities. (Proclaimed) D - 19 Newcastle Business Improvement Area requesting permission to extend the street closure of King Avenue to Baldwin Street and include the intersection of Mill Street as a result of increased interest from vendors for the Annual Fall Festival to be held October 3, 2009. (Approved provided the Organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 20 Kerry Meydam tendering her resignation from the Samuel Wilmot Nature Area Management Advisory Committee. (Correspondence received with regret and referred to the Municipal Clerk) D - 1 Grace Flonk, requesting staff investigate repairing or paving Lovers Lane. Council Meeting Minutes - 25 - September 21, 2009 Resolution #C-504-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Correspondence Item D – 1 from Grace Flonk, with respect to repairing or paving Lovers Lane, be referred to the Director of Engineering Services. “CARRIED” D - 3 The Honourable Bev Oda, P.C., M.P., Durham, advising that she has been approached by several of her constituents and residents of the Veltri Complex expressing concern that there is no break in traffic flow on King Street East in Bowmanville between Liberty Street and Division Street creating a dangerous situation for many seniors and others who need to cross this stretch of road; and, questioning whether the Municipality has given any consideration into installing traffic calming measures, such as a crosswalk, on this section of the road. Resolution #C-505-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D – 3 from The Honourable Bev Oda, P.C., M.P., Durham, with respect to traffic flow on King Street East, be referred to the Director of Engineering Services. “CARRIED” D - 5 Association of Municipalities of Ontario (AMO) Member Communication dated July 15, 2009, advising the Province has released the draft Built Environment Standard under the Accessibility for Ontarians with Disabilities Act, 2005 for public review and comment. The initial standard was developed by an external Accessible Built Environment Standards Development Committee (SDC) who will review comments and finalize a proposed standard for submission to the Minister of Community and Social Services based on public feedback. The review period is from July 14, 2009 to October 16, 2009. AMO is urging its members to review the proposed standard and to provide comments and will be developing a response to the standard outlining municipal issues and concerns. Council Meeting Minutes - 26 - September 21, 2009 Resolution #C-506-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D – 5 from the Association of Municipalities of Ontario (AMO), with respect to the draft Built Environment Standard under the Accessibility for Ontarians with Disabilities Act, 2005, be referred to the Municipal Clerk. “CARRIED” D - 16 Brittany Johnston expressing concern with the dangerous situation at the intersection of Division Street and Wellington Street and the perception of many drivers that it is a four-way stop; advising of several incidents in which drivers travelling along Wellington Street failed to yield to drivers travelling along Division Street; and, suggesting the intersection be made into a four-way stop to address safety concerns. Resolution #C-507-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D – 16 from Brittany Johnston, with respect to safety concerns with the intersection of Division Street and Wellington Street, be referred to the Director of Engineering Services. “CARRIED” D - 21 Sandy Archibald, First Impressions Exchange Co-ordinator, Clarington Marketing Minds (CMM) advising that CMM will be participating in a community exchange through the First Impressions Program in October, 2009, a program adopted by the Ontario Ministry of Agriculture, Food & Rural Affairs in 2005 in which participating communities gain valuable insight and knowledge into the impressions of their community by a first-time visitor; indicating that the groundwork for Clarington’s participation was endorsed by Members of Council in 2007 when approval was granted for Clarington Tourism to participate when a suitable community exchange was confirmed; advising that October has been determined as the exchange period with the Woodstock area; and, respectfully requesting that Council support the initiative, in principle, permit staff of Communications and Tourism to act as a resource; and, consider appointing a Council member to participate as a secret visitor. Council Meeting Minutes - 27 - September 21, 2009 Resolution #C-508-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Item D - 21 from Sandy Archibald, regarding the First Impressions Program, be supported ‘in principle’ and that Clarington Communications and Marketing staff be permitted to act as a resource within the limits of their budget; and THAT the Clarington Board of Trade be encouraged to support the initiative. “CARRIED” D - 22 Teresa Van Raay, Pork Producer, South Western Ontario, advising that the Canadian Pork industry is going into its third year of losses and the ability for the industry to obtain a fair price for their product and continue to provide food for Canadians and the world is being threatened by the economy and American legislation affecting the ability to export live animals to the U.S.; indicating that US pork is being imported to Canada because they can supply at a discounted rate; that if the Canadian pork industry is decimated, there will be major effects not just to pork farmers but to lending institutions, farm equipment operators, feed companies, smaller retailers, veterinarians, genetics companies and many others, noting there is $7.7 billion in economic activity and $2.1 billion in wages and salaries directly attributed to pork export; requesting that all levels of government recognize there is a crisis and that action is required immediately to provide support for the pork producers. Resolution #C-509-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D – 22 from Teresa Van Raay requesting support for the Canadian Pork Industry be referred to the Clarington Agricultural Advisory Committee. “CARRIED” D - 23 Tracey Burrows, Committee Clerk, City of Burlington, advising Council that on July 6, 2009, the City of Burlington adopted the following resolution pertaining to BurlingtonGreen resolution regarding Ontario Regulation 444/98 (Disposition of Surplus Real Property): Council Meeting Minutes - 28 - September 21, 2009 “WHEREAS Ontario’s Places to Grow Act recognizes that in order to accommodate future population growth, support economic prosperity and achieve a high quality of life for all Ontarians, planning must occur in a rational and strategic way and; WHEREAS the Government of Ontario recognizes within the Places to Grow Act that an integrated and coordinated approach to making decisions about growth across all levels of government will contribute to maximizing the value of public investments and; WHEREAS a key purpose of the Places to Grow Act is to enable decisions about growth to be made in ways that sustain a robust economy, build strong communities and promote a healthy environment and a culture of conservation and, WHEREAS the Government of Ontario’s Places to Grow Act encourages municipalities, conservation authorities, non- governmental organizations and other interested parties to develop a system of publicly accessible parkland, open space and trails including shoreline areas, within the Greater Golden Horseshoe and; WHEREAS the Places to Grow Act encourages municipalities to establish an urban open space system within built-up areas, which may include rooftop gardens, communal courtyards and public parks and; WHEREAS the sale of existing, public green space or active or passive parkland associated with surplus school sites by local school boards solely and fully for commercial redevelopment is fundamentally contrary to the intent, purpose and spirit of the Places to Grow Act for the Greater Golden Horseshoe as identified above and; WHEREAS a large majority of existing public greenspace or active or passive parkland associated with surplus schools sites and owned by local school boards have been in use by the public for decades and have become significant elements of that community’s system of publicly accessible parkland, open space and trails and; WHEREAS local school boards are constrained in their consideration of innovative, community oriented and future focused opportunities for the disposal of surplus properties necessary to meet the purpose, intent and spirit of the Places to Grow Act because of Ontario Regulation 444/98 (Disposition of Surplus Real property) and in particular the Government’s requirement that an “offer must be for sale, lease or other disposition of the property at fair market value”; Council Meeting Minutes - 29 - September 21, 2009 THEREFORE BE IT RESOLVED THAT the Government of Ontario immediately amend Ontario Regulation 444/98 (Disposition of Surplus Real Property) to require meaningful consideration of innovative, community oriented and future focused opportunities for the disposal of surplus properties necessary to meet the purpose, intent and spirit of the Places to Grow Act by supporting a municipality’s system of publicly accessible parkland, open space and trails and further; THAT the Government of Ontario and the Ministry of Education direct local school boards to explore innovative, community oriented and future focused opportunities for the disposal of surplus properties with local municipalities on a “first right of refusal basis” in order to meet the purpose, intent and spirit of the Places to Grow Act by supporting a municipality’s system of publicly accessible parkland, open space and trails and further; THAT the Government of Ontario and the Ministry of Education introduce sufficient flexibility in the Ontario Regulation 444/98 (Disposition of Surplus Real Property) requirement for local school boards to sell, lease or otherwise dispose of property at fair market value for the purposes of those projects that meet the purpose, intent and spirit of the Places to Grow Act by supporting a municipality’s system of publicly accessible parkland, open space and trails; and THAT this resolution be circulated to the Premier of Ontario, the Ontario Minister of Education, Burlington MPP’s, GTA Mayors, the Chair and Members of the Halton District School Board and the Halton Catholic District School Board and to the Chair and Board of Directors of the Association of Municipalities of Ontario.” Resolution #C-510-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the City of Burlington, with respect to the disposition of surplus real property, be endorsed. “CARRIED” D - 24 Glen R. Knox, County Clerk, County of Simcoe, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on June 30, 2009, the County of Simcoe adopted the following resolution pertaining to Hospital Funding Gap: Council Meeting Minutes - 30 - September 21, 2009 “THAT the following resolution provided by the Growing Communities Healthcare Alliance be approved: ‘WHEREAS Ontarians believe in the principle of fairness; that fairness defines who we are and how we live; AND WHEREAS the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate and are aging at twice the provincial rate; AND WHEREAS population growth in these regions will further intensify due to Ontario’s 30-year growth plan, Places to Grow; AND WHEREAS as of 2008/09 Ontarians residing in the Local Health Integration Networks (LHINs) with high growth communities are receiving $255 less per resident in provincial funding for local hospital services compared to residents in other LHINs in Ontario, which translates into a $1.4 billion annual operating funding gap for local hospital services – and these provincial funding gaps are worsening each year; AND WHEREAS residents of the County of Simcoe, as part of the North Simcoe Muskoka LHIN, are receiving $134 less per resident in provincial funding for local hospital services compared to the average Ontarian, which translates into a $238 million annual operating funding gap for local hospital services; AND WHEREAS Ontarians living in high growth communities of the GTA/905 are receiving $193 less per resident for provincially funded local social services when compared to the average Ontarian, which translates into a $641.9 million annual operating funding gap for local provincially funded social services – and these provincial funding inequities also worsening each year; AND WHEREAS the Government of Ontario has acknowledged the growing funding gaps for hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; AND WHEREAS the provision of $30 million in hospital growth funding for 2008/09 still means that the provincial funding gap for hospital care continues to widen in high growth communities; AND WHEREAS the Government of Ontario has announced that it is developing and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Council Meeting Minutes - 31 - September 21, 2009 Health Integration Networks based on patient care needs and to address health care funding inequities in Ontario; NOW THEREFORE BE IT RESOLVED THAT in order to improve timely and local access to hospital care in the County of Simcoe and across high growth communities in Ontario, the Council of the County of Simcoe asks the Government of Ontario to: 1. Speed up implementation of the $100 million hospital growth funding commitment ensuring that growth funding is targeted to high growth hospitals and provide growth funding for social services; 2. Quickly implement a ‘Health Based Allocation Model’ (HBAM) i.e., population-needs-based funding for provincial hospital and health care services and develop a population-needs- based funding formula for social services; and, 3. Develop a health care and social services growth plan for Ontario high growth communities to complement Places to Grow; AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPPs for the County of Simcoe, High Growth Communities Mayors and Chairs, and the North Simcoe Muskoka LHIN’.” Resolution #C-511-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolution from the County of Simcoe, with respect to Hospital Funding Gap, be endorsed. “CARRIED” Council Meeting Minutes - 32 - September 21, 2009 D - 25 Mike Roche, Social Action Director, Multiple Sclerosis Society, Durham Region Chapter, requesting Council to lobby the Ministry of Transportation to ensure that all sidewalks be at least 1.8 metres or wider on both sides of all bridges over and roads passing under the proposed 407 extension from Brock Road in Pickering and also on the proposed expansion of the 401 to 12 lanes from Salem Road in Ajax to Brock Street in Whitby, even where there are no sidewalks or minimal sidewalks in place, noting that if sidewalks are poorly designed, they can be a barrier to all citizens, not just those who use mobility devices or parents using strollers with children. Resolution #C-512-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D – 25 from Mike Roche, Social Action Director, Multiple Sclerosis Society, Durham Region Chapter, with respect to the width of sidewalks, be received for information. “CARRIED” D - 26 Bernie Corbett, Chairman, Haldimand County Disaster Relief Committee, advising of damages incurred by the communities of Dunnville, Cayuga and points in between on February 13, 2009, as a result of flooding of the Grand River; indicating that estimates have pegged the financial loss at more than $1,800,000; advising that the Province will match every dollar raised by the Haldimand County Disaster Relief Committee on an up to 2:1 ration; and, requesting if the Municipality of Clarington could assist with a donation of $250.00. Resolution #C-513-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D – 26 from Bernie Corbett, Chairman, Haldimand County Disaster Relief Committee, requesting a donation to their Disaster Relief fund, be received for information. “CARRIED” D - 27 Angie Haché, City Clerk, City of Greater Sudbury, advising Council that on June 10, 2009, the City of Greater Sudbury, adopted the following resolution pertaining to Proposed Workplace Fatalities Family Bill of Rights: Council Meeting Minutes - 33 - September 21, 2009 “WHEREAS a Proposed Workplace Fatalities Family Bill of Rights would provide fundamental information to the family of victims of workplace fatalities and serious injuries; AND WHEREAS such Bill of Rights would ensure that: 1. Family members must have the right to designate a representative to act on their behalf in all matters related to the investigation and any follow-up legal actions related to the investigation. 2. Family members must be notified of all meetings, phone calls, hearings or other communications involving the accident investigation team and the employer, and be given the opportunity to participate in these events. 3. Family members must have the opportunity to recommend names of individuals to be interviewed by the accident investigation team and to submit questions to the investigators for response by the interviewees. Family members should be given the access to all transcripts of interview, affidavits, or written statements made by witnesses and others interviewed for the investigation. 4. Family members must have the right to be kept routinely informed (no less than once every 14 days) by the Minister of Labour and their investigators on the progress of the incident investigation, including an estimate of when the investigation will be completed. 5. Family members should have access to all documents gathered and produced as part of the accident investigation, including reports prepared by first responders, police and Ministry officials. Information mentioning the deceased family member’s name and condition should not be redacted from documents provided to family members. All fees related to the production of document should be waived for family members. THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury lends its full support to a Proposed Workplace Fatalities Family Bill of Rights; AND FURTHER THAT this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario, the Honourable Peter Fonseca, Minister of Labour, The Honourable Rick Bartolucci, Minister of Community Safety and Correctional Services, and France Gélinas, MPP for Nickel Belt.” Council Meeting Minutes - 34 - September 21, 2009 Resolution #C-514-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the City of Greater Sudbury, with respect to the Proposed Workplace Fatalities Family Bill of Rights, be received for information. “CARRIED” D - 28 Angie Haché, City Clerk, City of Greater Sudbury, advising Council that on June 10, 2009, the City of Greater Sudbury, adopted the following resolution pertaining to Employment Insurance Reform: WHEREAS a healthy unemployment insurance system is the most powerful of all economic stabilizers. In the recessions of the early 1980s and 1990s, Unemployment Insurance (UI) prevented deeper, longer downturns and reduced the shock of job and Gross Domestic Product losses; AND WHEREAS we have entered a new economic crisis with a much weaker Employment Insurance (EI) system that provides benefits to only 40% of the unemployed; and there is a large regional discrepancy in EI allocation that provides uneven coverage to workers across the country, and leaves many with fewer numbers of weeks and lower benefits; AND WHEREAS the federal government stopped contributing to EI and diverted EI premiums to other spending ($54 Billion between 1994 and 2007 instead of restoring EI benefits); AND WHEREAS even the US government has shown leadership through major improvements in the duration of UI benefits and a universal benefit top-up as part of a stimulus package to deal with the crisis; AND WHEREAS 350,000 Canadians have been laid off since last October, and Canada currently has one of the least effective employment insurance systems and among the highest rates of poverty and income inequality in the Western world; AND WHEREAS there will be a negative fiscal impact on all municipalities if residents are unable to access EI benefits or otherwise maintain incomes during this economic downturn, due to the increased reliance on locally provided social programs; Council Meeting Minutes - 35 - September 21, 2009 THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury call upon the Government of Canada to introduce the following changes to the Employment Insurance system: 1. 360 hours to qualify for EI benefits in all regions of Canada; 2. Increase benefit duration to at least 50 weeks in all regions, and provide an additional year of “Special Extension” benefits if national unemployment exceeds 6.5% - paid from federal general revenues; 3. Extend EI Part 1 benefits while a worker is in approved training; 4. Increase benefits to at least 60% of normal earnings, using workers’ 12 best weeks, and raise the maximum; 5. Suspend the calculation of severance pay for receiving EI benefits, and eliminate the 2 week waiting period. AND THEREFORE BE IT RESOLVED THAT this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario.” Resolution #C-515-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution from the City of Greater Sudbury, with respect to the Employment Insurance Reform, be received for information. “CARRIED” D - 29 Dave Burton, Warden, County of Haliburton, advising Council that on July 22, 2009, the County of Haliburton adopted the following resolution pertaining to the Trent Severn Water Panel Report “It’s All About the Water”: “BE IT RESOLVED THAT Haliburton County Council requests the Federal Minister of the Environment take action with respect to the recommendations contained in the Trent Severn Water Panel Study Report titled ‘It’s All About the Water’ and further the Ontario Minister of Natural Resources and the Ontario Minister of the Environment be requested to provide an explanation as to why their respective Ministries have not commented or provided input into the recommendations contained in this Report.” Council Meeting Minutes - 36 - September 21, 2009 The County of Haliburton is requesting the municipalities within the Trent Severn Watershed to contact the Federal Ministry of the Environment to provide an update on the status of the recommendations contained in the report.” Resolution #C-516-09 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the County of Haliburton, with respect to the Trent Severn Water Panel Report “It’s All About the Water”, be endorsed. “CARRIED” D - 30 James W. Hale, President, Newcastle Recycling Limited, requesting permission for Frank Wu, Chief Administrative Officer, to meet with Jim Hale respecting an ongoing business issue. Resolution #C-517-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the request from James W. Hale, President, Newcastle Recycling Limited, to meet with Frank Wu, Chief Administrative Officer, respecting an ongoing business issue, be received for information. “CARRIED” D - 31 The Corporation of the Township of Woolwich advising Council that on June 30, 2009, the Township of Woolwich adopted the following resolution pertaining to support for a review of Chapter 27, Sec. 5(2) of the Development Charges Act 1997: “WHEREAS development charges are collected fees levied on new development to help pay for the infrastructure required to service growth; AND WHEREAS development charges help finance capital projects that would otherwise be financed through property taxes or other means; AND WHEREAS Chapter 27, Section 5(2) of the Development Charges Act 1997 states that, ‘The capital costs, determined under paragraph 7 of subsection (1) , must be reduced, in accordance with the regulations, to adjust for capital grants, subsidies and other contributions made to a municipality or that the council of the municipality anticipates will be made in respect of the capital costs’; Council Meeting Minutes - 37 - September 21, 2009 AND WHEREAS municipalities in Ontario have recently been approved for grant funding under the Infrastructure Stimulus Fund and Building Canada Fund for capital works that have development charge components; AND WHEREAS municipalities are unable to collect that development charge component when they receive funding from sources such as the Infrastructure Stimulus Fund and Building Canada Fund; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Woolwich requests the Ministry of Municipal Affairs to conduct a review of Chapter 27, Section 5(2) of the Development Charges Act 1997 and make changes that would eliminate the requirement for municipalities to deduct grant funding received form eligible portion of development charges; AND FURTHER THAT this resolution be forwarded to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, Harold Albrecht, MP, Kitchener-Conestoga, Leeanna Pendergast, MPP Kitchener-Conestoga; and to all municipalities in Ontario for support.” Resolution #C-518-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Township of Woolwich, with respect to a review of Chapter 27, Sec. 5(2) of the Development Charges Act 1997, be received for information. “MOTION WITHDRAWN” Resolution #C-519-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the Township of Woolwich, with respect to a review of Chapter 27, Sec. 5(2) of the Development Charges Act 1997, be referred to the Director of Finance/Treasurer. “CARRIED” Council Meeting Minutes - 38 - September 21, 2009 D - 32 Doug Reycraft, Chair, Community Schools Alliance, forwarding a fact sheet and draft resolution, on behalf of the Executive Committee of the Community Schools Alliance, expressing concern with the Accommodation Review Committee process and impact of the process on communities; requesting the Minister of Education to impose a “smart moratorium” on all school closings that are disputed by municipalities to provide time for the Ministry, school boards and municipalities to work together to develop policies and a working relationship that provides transparency and accountability; and, requesting Council’s support of the following resolution: “WHEREAS communities across Ontario are concerned with the Accommodation Review Committee process and the impact this flawed process has on the socio-economic fabric of our municipalities; AND WHEREAS many schools are the hubs of their communities, a better accommodation review system is needed to address the educational facility needs of our residents; AND WHEREAS a system to address the educational facility needs in Ontario must ensure that school boards and municipal councils partner on decisions regarding education infrastructure; AND WHEREAS greater accountability for school board decisions is needed; AND WHEREAS a thorough review of the governance model for school accommodation decisions must include an opportunity to appeal these decisions; AND WHEREAS the accommodation review process should respect and value the input of students, parents, the community and municipality; THEREFORE BE IT RESOLVED THAT the Province of Ontario be petitioned to implement a ‘smart moratorium’ on disputed school closings to provide the opportunity for the Ministry of Education, school boards and municipalities to work together to develop policies addressing such issues as planning for declining enrolments, a mutually agreed upon Accommodation Review Committee process, a review of funding to rural and small community schools, and transparency and accountability between municipalities and school boards.” Council Meeting Minutes - 39 - September 21, 2009 Resolution #C-520-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Community Schools Alliance, with respect to a “smart moratorium” on all school closings that are disputed by municipalities, be received for information. “CARRIED” D -33 The Township of Madawaska Valley advising Council that on August 4, 2009, the Township of Madawaska Valley adopted the following resolution pertaining to an increase in funding to Personal Support Workers providing Home Care Services: “WHEREAS Home Care Service is an essential service in rural Ontario in assisting in the well-being of seniors and individuals with physical and mental disabilities; AND WHEREAS Roy Romanow, Head of the Royal Commission of the Future of Health Care in Canada in 2002 dubbed Home Care Services ‘the next essential service’; AND WHEREAS Home Care Service responds to the needs of the patients and assists children, parents, spouses and siblings and the broader community by supporting quality of life and ensuring quality health care so that citizens can continue to participate in and contribute to the economic and social life of their community; AND WHEREAS the Personal Support Workers that provide the home care service create a climate that promotes the optimal physical, social and emotional well being of their clients; AND WHEREAS the need for Home Care Service in Renfrew County is so great that the Personal Support Workers that provide this essential service are overburdened with the amount of clients that they are only able to provide 2 hour visits to their clients; AND WHEREAS Home Care Service clients require a minimum of 4 hours of attention per visit; Council Meeting Minutes - 40 - September 21, 2009 NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Madawaska Valley is seeking support from all municipalities and request that they forward a resolution of support to their local MP, Premier Dalton McGuinty, the Ministry of Health and Long-Term Care, and the County of Renfrew to ensure an increase in funding for additional Personal Support Workers to be hired to relieve the stresses related to a shortage of staff. AND FURTHER THAT Personal Support Workers providing Home Care Service be required to provide a minimum of 4 hours of service per client visit which, not only benefits the client, but also allows the primary caregivers the opportunity to maintain a level of normalcy in their daily lives.” Resolution #C-521-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT the resolution from the Township of Madawaska Valley, with respect to an increase in funding to Personal Support Workers providing Home Care Services, be endorsed. “CARRIED” D - 34 Suzanne Strasberg, MD, President, Ontario Medical Association (OMA), advising of the alarming increase of obese children and adults in Canada; indicating that in the past, municipalities have played an important role in helping raise awareness of OMA initiatives aimed at protecting and improving the health of Ontarians; and, requesting Council’s support in adopting a resolution supporting the OMA’s efforts in having legislation passed requiring calorie counts to be listed adjacent to food items on menus at chain restaurants and school cafeterias, to provide consumers with information to make healthier food choices and to help children build healthy futures. Resolution #C-522-09 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item D – 34 from Suzanne Strasberg, MD, President, Ontario Medical Association, with respect to menu board labeling, be endorsed. “CARRIED” Council Meeting Minutes - 41 - September 21, 2009 D - 35 Debbie Leroux, Clerk, Township of Uxbridge, writing to the Honourable David Caplan, Minister of Health and Long-Term Care, advising that on August 14, 2009, the Township of Uxbridge adopted the following resolution pertaining to Provincial Underserved Area Plan: “WHEREAS the Ontario Ministry of Health is considering making changes to its Underserved Area Plan (U.A.P.); AND WHEREAS the Township of Uxbridge has found the U.A.P. to be a useful tool in its recruitment efforts; THEREFORE BE IT RESOLVED THAT the Council for the Corporation of the Township of Uxbridge requests that the Ministry of health reconsider any changes to the U.A.P. that would limit communities that are under-serviced by family physicians programs; AND FURTHER BE IT RESOLVED THAT an extension to the consultation from end of August to late Fall be given to enable communities and the public time to consider the effect of these changes; AND FURTHER THAT this resolution be circulated to GTA municipalities, M.P.P.’s, the Minister of Health and the Premier of Ontario.” Resolution #C-523-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the resolution from the Township of Uxbridge, with respect to Provincial Underserved Area Plan, be referred to the Clarington Physician Recruitment Committeefor comment. “CARRIED” D - 36 Margaret H. Polman expressing concern that sidewalk snowclearing services will no longer be available to seniors, and, requesting Council to reconsider their decision regarding this matter and to continue the service in some shape or form to assist those who benefit the most from the service and who must rely on safe sidewalks to walk to banks, stores and bus stops to conduct their daily business. Council Meeting Minutes - 42 - September 21, 2009 Resolution #C-524-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D – 36 from Margaret H. Polman, with respect to Seniors’ Sidewalk Snowclearing, be referred to the Director of Corporate Services and Human Resources. “CARRIED” D - 37 Sandra and David Walton-Ball advising of signs directing the public to the Port of Newcastle, the Bond Head boat launch and Bond Head cemetery and petitioning Council to consider erecting signage near the bridge over Graham Creek on Mill Street South and on the Lakeshore Road entering Bond Head indicating the entrance to “Historic Bond Head established in 1832”. Resolution #C-525-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D – 37 from Sandra and David Walton-Ball, with respect to signage indicating the entrance to “Historic Bond Head”, be referred to the Operations Department for inclusion in the 2010 Budget process. “CARRIED” D - 38 Corporation of the Town of New Tecumseth, advising Council that on July 13, 2009, the Town of New Tecumseth adopted the following resolution pertaining to Harmonization of Taxes: “WHEREAS the Province of Ontario has proposed to harmonize the Goods and Services Tax with the Provincial Sales Tax effective July 1, 2010; AND WHEREAS considerable concern has been raised by residents and businesses over the negative financial impacts that will occur as a result; AND WHEREAS the Province of Ontario has considered amendments to the proposal and has further made changes to the original proposal; THEREFORE BE IT RESOLVED THAT the Council of the Town of New Tecumseth advise the provincial government of its concern that efforts be made to minimize the financial impact and additional tax on taxpayers and businesses; Council Meeting Minutes - 43 - September 21, 2009 AND FURTHER BE IT RESOLVED THAT the provincial government be requested to consider that the GST and PST harmonization not include any items, goods or services that are currently subject to only one of the taxes not be subject to the other, so that no new taxation is created; AND FURTHER BE IT RESOLVED THAT this resolution be forwarded to all Ontario Municipalities for their consideration and support.” Resolution #C-526-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Town of New Tecumseth, with respect to Harmonization of Taxes, be endorsed. “CARRIED” D - 39 Pamela Malott, Chief Administrative Officer, Town of Amherstburg, advising Council that on July 27, 2009, the Town of Amherstburg adopted the following resolution pertaining to MPAC Evaluation of Solar Energy Development: “WHEREAS the Province established the Renewable Energy Standard Offer Program (RESOP) and subsequently, the Green Energy and Green Economy Act to promote the development of wind, water, solar and biomass power projects; and WHEREAS the Province committed to a balanced and sustainable property assessment system for the renewable energy sector; and WHEREAS the Province committed to consult with municipalities, the Municipal Property Assessment Corporation (MPAC) and the energy generation sector to ensure that the property tax treatment of renewable energy facilities remains fair and consistent, promoting the development of green energy; and WHEREAS the Solar Industry offers unique, clean energy technology to Ontario; and WHEREAS the Ontario market for solar energy is at an early stage of maturity with very little operating solar capacity which warrants a fair approach to Property Assessment to foster wider adoption of this proven technology; and Council Meeting Minutes - 44 - September 21, 2009 WHEREAS the current valuation method is unfair and burdensome in that the entire property area of the development is assessed at a Full Industrial Rate; THEREFORE BE IT RESOLVED THAT we, the Council of the Town of Amherstburg, appeal to the Province of Ontario, Ministry of Finance, to continue consultations with Municipalities and the Solar Industry to reach a fair and equitable property assessment valuation method; and FURTHER THAT until such agreement is reached that assessment be derived by totaling the area of all solar panels in a project to determine PV surface area; and that the PV coverage area (approximately 20%) be assessed at a full Industrial Rate and the balance of the area at a Vacant Industrial land rate; and BE IT FURTHER RESOLVED THAT we, the Council of the Town of Amherstburg, request that AMO lobby the Province of Ontario on our behalf and that a copy of this resolution be sent to Bruce Crozier MP, Dwight Duncan, Minister of Finance and all Municipalities in Ontario requesting their support.” Resolution #C-527-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Town of Amherstburg, with respect to MPAC Evaluation of Solar Energy Development, be endorsed. “CARRIED” D - 40 Jill McKinney, Executive Director, Show Kids You Care, a Trinity Global Support Foundation, providing reliable access to nutritious meals for children in Bowmanville; advising in 2010 they will be holding a public launch at one of their newest breakfast clubs to celebrate their work in communities across Canada and would be grateful if the municipality were able to contribute to the launch by providing written or recorded words of support. Council Meeting Minutes - 45 - September 21, 2009 Resolution #C-528-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D – 40 from Jill McKinney, Executive Director, Show Kids You Care, with respect to the public launch of Breakfast Club, be supported and that words of support be put on record, pending confirmation of areas that are affected. “TABLED” (see following motion) Resolution #C-529-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D – 40 from Jill McKinney, Executive Director, Show Kids You Care, with respect to the public launch of Breakfast Club, be tabled until the October 5, 2009, Council meeting. “CARRIED” D - 41 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee, advising Council that on September 3, 2009, the Clarington Agricultural Advisory Committee passed the following resolution pertaining to Battery Caged Egg Productions: “WHEREAS Ontario egg farmers currently provide our community with fresh locally produced Grade A eggs which travel from farm to table in 4 to 7 days; AND WHEREAS Ontario egg farmers take pride in caring for their hens while offering consumers a variety of egg choice; THEREFORE BE IT RESOLVED THAT any resolution with respect to the opposition of battery cage egg production is not supported, and Durham municipalities are cautioned in supporting or promoting specific products without adequate background and research on the matter and BE IT FURTHER RESOLVED THAT the current procurement practice of eggs produced by Ontario egg farmers, is identified as an acceptable, locally sustainable procurement practice; and BE IT FURTHER RESOLVED THAT the purchase of all Ontario eggs contributes to the creation of a sustainable environment in which consumers and farmers benefit; and Council Meeting Minutes - 46 - September 21, 2009 BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the local area municipalities, the Egg Farmers of Ontario, the Association of Municipalities of Ontario and the Humane Society International.” Resolution #C-530-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Clarington Agricultural Advisory Committee, with respect to Battery Caged Egg Productions, be endorsed. “CARRIED” D - 42 Gary Jeffrey, Chair, Clarington Agricultural Advisory Committee, advising Council that on September 3, 2009, the Clarington Agricultural Advisory Committee endorsed the following resolution pertaining to the Purchase of Locally-Produced Food: “WHEREAS the Municipality of Clarington supports practices that contribute to the creation of a sustainable environment; AND WHEREAS Homegrown Ontario™ is a brand that allows Ontario consumers to support Ontario farmers by purchasing Ontario produced meat and poultry; AND WHEREAS Ontario farmers adhere to the highest quality standards set forth by the Canadian provincial and federal government regulatory boards; THEREFORE BE IT RESOLVED THAT the procurement practice of purchasing meat and poultry products produced by Ontario farmers be identified as the preferred local sustainable procurement practice; BE IT FURTHER RESOLVED THAT the purchase of all Ontario produced meat and poultry sourced locally requires the burning of less fossil fuel than other food trucked or even flown in from hundreds or even thousands of miles away.” Council Meeting Minutes - 47 - September 21, 2009 Resolution #C-531-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Clarington Agricultural Advisory Committee, with respect to the Purchase of Locally-Produced Food, be referred back to the Agricultural Advisory Committee for rewording. “CARRIED” D - 43 Debbie Thompson, Legislative Services Supervisor/Deputy Clerk, Town of Caledon, advising Council that on September 1, 2009, the Town of Caledon adopted the following resolution pertaining to the Development of an Economic Development Strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability: “WHEREAS the Province of Ontario through new planning policies, the Greenbelt, Oak Ridges Moraine and Niagara Escarpment plans as well as Provincial Policy statements and new source water protection legislation and regulations have created a framework which restricts both farms and municipalities in achieving financial sustainability; THEREFORE BE IT RESOLVED THAT the Province of Ontario be requested to develop an economic development strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability; and THAT a copy of this resolution be forwarded to MPP Sylvia Jones, Minister of Municipal Affairs and Housing, Minister of Energy and Infrastructure, Greenbelt Municipalities, OMAFRA, Greater Toronto Agriculture Action Plan Group, Ontario Rural Council and the Greater Toronto Countryside Mayor’s Alliance for their support.” Resolution #C-532-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Town of Caledon, with respect to the Development of an Economic Development Strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability, be referred to the Clarington Agricultural Advisory Committee. “CARRIED” Council Meeting Minutes - 48 - September 21, 2009 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report September 14, 2009. Resolution #C-533-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 14, 2009, be approved, with the exception of Items #9 and #20. “CARRIED” Item #9 Resolution #C-534-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-087-09 – Heritage Conservation District Review, be tabled pending receipt of the Report from the Director of Engineering Services with respect to parking at the Clarington Beech Centre. “CARRIED” Item #20 Resolution #C-535-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Operations Department clarify who is responsible for the snow removal at the Clarington Older Adult Centre and report back with options. “CARRIED” STAFF REPORTS Mayor Abernethy stated a pecuniary interest with respect to Staff Report #1 – Compliance Audit – John Mutton 2006 Election Campaign as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Council Meeting Minutes - 49 - September 21, 2009 Deputy Mayor Trim chaired this portion of the meeting. Resolution #C-536-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CLD-016-09 be received; and THAT the interested parties listed in Report CLD-016-09 be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Woo v Councillor Trim v Mayor Abernethy v Mayor Abernethy resumed the Chair. Resolution #C-537-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report PSD-088-09 be received; THAT the request for Removal of Part Lot Control with respect to Lots 49-59 inclusive, on Plan 40M-2327 be approved; THAT the Part Lot Control By-law attached to Report PSD-088-09 be passed pursuant to Section 50(7.1) of the Planning Act; and, THAT all interested parties listed in Report PSD-088-09, any delegations and the Regional Municipality of Durham Planning Department be advised of Council’s decision. “CARRIED” Deputy Mayor Trim chaired this portion of the meeting. Council Meeting Minutes - 50 - September 21, 2009 Resolution #C-538-09 Moved by Mayor Abernethy, seconded by Councillor Robinson WHEREAS the cornerstone of growth for the Municipality of Clarington has been set out in the Corporate Strategic Business Plan approved by Council; WHEREAS it states “The Corporate Strategic Business Plan brings together the experience and skill of our staff and the energy and will of Council to develop a blueprint for tomorrow” and “ A well thought-out strategic business plan provides the road map for meeting future challenges and ensuring our commitment of economic stability and high quality of life.” and WHEREAS the economic climate is beginning to show signs of improvement and we now must adjust our corporate strategy to fit the changing climate collectively as an organization to maintain our position in the municipal world as leaders and in order to do that we need everyone to assist in that goal; and WHEREAS Council has received many productive and creative suggestions as contained in Report CAO-004-09, many of which have been incorporated into the 2009 and 2010 budget review; and WHEREAS Council considers maintaining the experience and skill of all of our staff to be of great benefit and value to the organization; and WHEREAS staff have suggested that taking additional days off without pay would be considered a positive move in contributing to the required budget shortfall. NOW THEREFORE BE IT RESOLVED that option B of Report CAO-006-09 is approved; and THAT staff be allowed to purchase up to 3 additional days off as vacation in 2009 to meet the immediate challenge and that staff further assess the opportunity to continue some contribution of that nature in the 2010 budget thereby allowing those individuals who are able to contribute financially, and have expressed a willingness to do so, to come forward and that staff continue to monitor and adjust the Corporate Strategic Plan within the upcoming 2010 budget. THAT Report CAO-006-09 be received; Council Meeting Minutes - 51 - September 21, 2009 THAT the affected employees and the employee group Representatives be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Mayor Abernethy v Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Woo v Councillor Trim v Mayor Abernethy resumed the Chair. BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion introduced under this section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business introduced under this section of the Agenda. Resolution #C-539-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Staff Report #4 – Confidential Verbal Report of the Director of Corporate Services and Human Resources and the Fire Chief be referred to a closed session of Council to be considered at the end of the Agenda. “CARRIED” BY-LAWS Resolution #C-540-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-122 to 2009-129 inclusive; 2009-122 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Ridge Pine Park Inc. on Behalf of Canadian Apartment Properties REIT) Council Meeting Minutes - 52 - September 21, 2009 2009-123 Being a By-law to regulate signs placed on lands, buildings, and other structures within the corporate limits of the Municipality of Clarington; and to implement the policies of the Clarington Official Plan and Urban Design Guidelines 2009-124 Being a By-law to Regulate and Licence Persons and Businesses that carry on the Business of Leasing or Renting Mobile Signs within the Municipality of Clarington 2009-125 Being a By-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Peter Gunn and Kimberly-Ann Gunn, in respect to the purchase of a portion of 10 Duchess Street, Orono, Ontario and being more particularly described as Part of Lot 10, Block “C” C.G. Hanning’s Plan, former Village of Orono, being Part of Lot 29, Concession 5, Municipality of Clarington, Regional Municipality of Durham 2009-126 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Road Land Corporation) 2009-127 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving, Oshawa, Ontario, to enter into an agreement for the Concession 7 & 8 Road and Bridge Rehabilitation, Municipality of Clarington 2009-128 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property (Nikki McLean and Christine Matheson) 2009-129 Being a By-law to exempt a certain portion of Registered Plan 40M-2327 from Part Lot Control; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. Council Meeting Minutes - 53 - September 21, 2009 OTHER INFORMATION Resolution #C-541-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the Rules of Procedure be suspended to permit the introduction of a motion to reconsider the 2010 Budget Timetable. “CARRIED” Resolution #C-542-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Resolution #C-370-09, adopted by Council on June 15, 2009, be reconsidered with respect to Item 10 of Report #1 – 2010 Budget Timetable. “CARRIED” Resolution #C-543-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the final 2010 budget be submitted for Council ratification at a special meeting to be held on Friday, February 19, 2010. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Councillor Robinson requested that staff of the Department of Engineering Services investigate the purpose of the “No Parking” sign on Beech Avenue. Councillor Robinson questioned whether Council could be of any assistance in stressing to the Municipal Property Assessment Corporation (MPAC) the importance of having new businesses expeditiously added to the tax roll. The Deputy Treasurer stated she would prepare a resolution for Council’s consideration. Council Meeting Minutes - 54 - September 21, 2009 Councillor Robinson quoted information from the Farmers Forum Newspaper indicating seven of the top ten rural municipalities with the highest median family income in Ontario are located in Durham Region. Councillor Robinson will have copies of the article provided to all Members of Council. Councillor Hooper reminded Members of Council that funding has been allocated for free transit service for the Annual Applefest. Councillor Trim confirmed the amount of $1,000 was approved. Resolution #C-544-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with labour relations or employee negotiations. “CARRIED” Resolution #C-545-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Council recess for five minutes prior to the “closed” meeting. “CARRIED” Meeting reconvened at 9:15 p.m. in closed session. The meeting resumed in open session at 9:30 p.m. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Deputy Mayor Trim chaired the remainder of the meeting. CONFIRMING BY-LAW Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Council Meeting Minutes - 55 - September 21, 2009 Resolution #C-546-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-130, being a by-law to confirm the proceedintgs of the Council of the Municipality of Clarington at a regular meeting held on the 215 day of September, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-547-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 9:33 p.m. "CARRIED" n MA R CIPAt L