HomeMy WebLinkAbout10/26/2009
Council Meeting Minutes
October 26, 2009
Minutes of a regular meeting of Council held on October 26, 2009, at 7:00 p.m., in the
Council Chambers.
Councillor Trim 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, attended until 11:00 p.m.
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana, attended until
11:08 p.m.
Director of Planning Services, D. Crome
Director of Corporate Services and Human Resources, M. Marano,
attended until 11:08 p.m.
Solicitor, D. Hefferon
Director of Finance/Treasurer, N. Taylor, attended until 11:08 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
11:08 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 11:08 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Mayor Abernethy announced the following:
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On Sunday November 1, 2009, we officially revert back one hour to Eastern
Standard Time. He reminded the public, at the request of Emergency and Fire
Services, to change the batteries in their smoke alarms, whether they are
battery-operated or hard-wired with a battery back-up, when they change their
clocks.
Council Meeting Minutes - 2 - October 26, 2009
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Durham Region Health Department will open H1N1 Vaccination Clinics
throughout the Region starting October 26, 2009, with a clinic opening on
October 28, 2009, at 2849 Highway 2 and Lambs Road in Bowmanville. Clinic
hours are Monday to Friday from 2:00 p.m. until 8:00 p.m. and on Saturday
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from 10:00 a.m. until 4:00 p.m. until November 28. Further information on the
H1N1 influenza is available by calling the Durham Health Connection Line at
905-666-6241 or 1-800-841-2729 or by visiting www.durham.ca.
Councillor Woo announced the following:
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He attended the official opening of Chucky’s Kitchen in the Mearns Avenue
plaza on Sunday, October 25, 2009. The owners, who also operate the Orono
Country Cafe, helped to raise funds for Lakeridge Health Bowmanville as part
of the official opening.
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The Visual Arts Centre of Clarington held the opening reception for their 29
Juried Art Show on Sunday, October 25, 2009. Councillor Woo acknowledged
the many great talents of area residents and the difficult decisions the judges
had in selecting winners.
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On Tuesday, October 27, 2009, Phil McNelly, MPP, Parliamentary Assistant to
the Minister of Energy and Infrastructure will present St. Marys Cement with a
certificate for its Bowmanville facility for achieving certification in Energy
Excellence under 360 Energy's Certification in Energy Excellence Program
(CEE).
Councillor Novak announced that the official opening of the new Durham Region
Emergency Medical Services Courtice Paramedic Response Station was held today.
Councillor Hooper announced the following:
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He attended the Clarington Sports Hall of Fame Induction Ceremony on
October 24, 2009. Councillor Hooper expressed appreciation to Skip Crosbie
and staff for an excellent job in staging the event.
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On Saturday evening the Clarington Older Adult Association (COAA) hosted a
successful “Vegas Night” and extended appreciation, on behalf of the
Association, to the Bowmanville Hospital Foundation for leaving their Harvest
Ball decorations in place for the COAA’s event.
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The Older Adult Association will host a Remembrance Day Luncheon on
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November 10 with the Colour Guard in attendance.
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The Older Adult Association will host a Euchre Extravaganza on November 14,
2009.
Councillor Foster acknowledged the passing of Phil Anastassakisan active and
,
valuable member of the Community. Mayor Abernethy concurred that Phil will be
missed by the entire Courtice and Oshawa communities.
Council Meeting Minutes - 3 - October 26, 2009
Councillor Robinson extended congratulations to staff of the Community Services
Department and to the Organizing Committee for the success of the Annual Sports
Hall of Fame Induction Ceremony.
Councillor Trim announced the following:
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He concurred with Councillor Novak’s comments on the opening of the new
EMS Paramedic Response Station in Courtice indicating that five new EMS
stations have opened since the responsibility for Emergency Services was
downloaded by the Province to the Region approximately ten years ago. He
noted there will be an official opening for the new Pickering site in the next few
weeks.
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The Region of Durham has been presented with three awards relating to solid
waste as part of the North American Waste Management Awards: A Gold
Medal of Excellence for the 2007 Waste Fair in Courtice; A Gold Medal Award
shared with Miller Waste regarding composting; and, a Silver Award respecting
the Region’s Integrated Waste Management Program in recognition of program
facilities and EFW initiatives. Councillor Trim acknowledged that it is quite a
tribute to win an award and that the Region was chosen from over 2000
members.
MINUTES
Resolution #C-598-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on October 5, 2009 and the
minutes of a special meeting of Council held on October 13, 2009, be approved.
“CARRIED”
Resolution #C-599-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the Rules of Procedure be suspended and that Thorsten Koseck, be added to
the list of delegations to speak to Report PSD-102-09.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
Council Meeting Minutes - 4 - October 26, 2009
DELEGATIONS
Jon Gale addressed Council concerning Correspondence Item D - 1 - Paving of
Bowmanville Tennis Courts. Mr. Gale stated he has lived in the community for over
twenty years, is a member of the Bowmanville Tennis Club and is a teacher at
Clarington Central High School. He stated that he cannot believe that Council would
contemplate relocating the tennis courts. Mr. Gale indicated that he has played on
municipal courts and have found that they deteriorate over time, get misused by
skateboarders and hockey players, and become unusable. He noted that this past
year the high school tennis team advanced to the OSSA championships but as the
public tennis courts were not set up in April, the students had nowhere to practice. He
stated the students were relieved when the Bowmanville Tennis Club allowed them to
practice on their courts. Mr. Gale stated the Bowmanville Tennis Club is not an elite
club and is maintained at no cost to the taxpayers. He urged Council not to consider
paving over the tennis courts for parking purposes.
Cathy Abraham addressed Council concerning Unfinished Business #2 - Report
CLD-022-09 - Proposed Election Sign By-law. Mayor Abernethy acknowledged
Ms. Abraham as one of Clarington's Public School Board Trustees. Ms. Abraham
confirmed that she was addressing Council this evening as an individual and not on
behalf of the Board to bring two items to Council's attention concerning the proposed
changes. Ms. Abraham stated changes to the by-law will directly impact four other
municipally-elected positions and encouraged Council not to forget about the School
Board Trustees and to communicate any changes to them. She cautioned Council
about inadvertently prohibiting qualified candidates from running for office due to the
potential costs involved and to ensure that Clarington does not encourage only those
with the financial means to run for municipal office.
Dale Stewart addressed Council concerning Correspondence Item D – 7 - Petitions
Regarding Green Road Extension North and Intersections of Aspen Springs Drive
West and West Side Drive and Abernethy Crescent and West Side Drive. He stated
that he is a resident of the Aspen Springs community and the former Chair of the now
disbanded Aspens Springs Community Association, and as such still receives
communications from various organizations. He has been advised that students are
crossing over the CP rail tracks from the north to the south side and that the Green
Road underpass, where the train trestle is located, is too muddy for passage by
seniors, mothers with young children in strollers, or those who use walkers or
wheelchairs to access services in the community and the shopping area. He stated
many area residents do not drive, and if they use public transit, they have to take a
bus to downtown Bowmanville and back to access shopping which could be within just
a short walking distance. He is concerned that increased traffic flow on Green Road
will result in excess traffic congestion, increased noise and pollution for elementary
school children. Mr. Stewart urged Council to make the underpass pedestrian and
bicycle-friendly for safe passage for students and residents to access schools and
stores.
Council Meeting Minutes - 5 - October 26, 2009
Clark Morawetz, President, Architectural Conservancy of Ontario, Clarington Branch,
addressed Council concerning Item 7 of Report #1 - Report PSD-099-09 - Former
Boys Training School and Prisoner of War Camp 2020 Lambs Road, Bowmanville.
Mr. Morawetz stated the local “friends” group has grown to 15 members since their
inception and they are pleased to see the progress made on the site by the developer
and the municipality. He stated the site reflects the philosophy to protect cultural
heritage and training and the major buildings are historically and architecturally
significant for this part of Canada, noting Camp 30 is the last remaining intact German
Prisoner of War Camp in Canada. Mr. Morawetz acknowledged that eight buildings
are to be demolished and while it would be tremendous to preserve all the buildings,
the group is in support of the recommendations contained in Report PSD-099-09.
Kem Majid, President, Bowmanville Tennis Club, addressed Council concerning
Correspondence Item D – 1 - Paving of Bowmanville Tennis Courts. Mr. Majid stated
he feels there is very little evidence to support the claim made by the Clarington Older
Adult Association (COAA) for the need of 125 parking spaces on site to meet present
and expected demand throughout the year. Mr. Majid stated the Centre is in involved
in both core and non-core activities, the core activities being to promote the wellbeing
of older adults through activities on a drop-in basis. Mr. Majid reviewed scenarios and
statistics for current parking capacity and average attendance statistics. He
concluded that the claim that 125 on-site spaces are required to meet the COAA’s
present and expected demand is unsubstantiated and that Council must judge if
parking is a real or imagined problem.
Doug Rombough addressed Council concerning Unfinished Business #3 - Addendum
to Report PSD-067-09 - Status Report: Appeal to the Ontario Municipal Board by
Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes
(Ontario) Limited on Applications in the Village North Neighbourhood in Newcastle.
Mr. Rombough stated his concern is regarding the development slated around his
property and the impact the high density will have on his century home. He is also
concerned that the lighting of the southern tributary was excluded from the report.
Mr. Rombough advised that it is his understanding that Metrus has submitted a new
proposal concerning the daylighting issues and requested Council to further table any
motion concerning these issues to allow discussion and negotiation to take place.
Mr. Rombough also requested Council to designate Site 14 on the east side of Arthur
Street as “environmentally protected” as the area contains a rare species and is the
headwater of the northern and southern tributary of the Foster Creek.
Greg Milosh was called but was not in attendance.
Council Meeting Minutes - 6 - October 26, 2009
Resolution #C-600-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT the order of the Agenda be altered to permit Brian Mountford to present his
delegations in the reverse order as to the order listed on the Agenda.
“CARRIED”
Brian Mountford addressed Council concerning Unfinished Business #1 –
Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections. Through
use of a PowerPoint presentation, Mr. Mountford reviewed five goals of conducting the
2010 Municipal election including providing a voting process which meets the
requirements of the Municipal Elections Act, meeting or exceeding accessibility
standards, providing a convenient and viable solution for electors, streamlining the
administrative process and maintaining quality, integrity and accuracy. He reviewed
options including the traditional paper ballot, vote-by-mail, telephone, internet, touch-
screen and audio and highlighted advantages and disadvantages of the traditional
paper ballot and various “unsupervised” approaches. Mr. Mountford indicated the
traditional method of paper balloting has advantages regarding security but the
disadvantage is that it has accessibility problems. He feels the unsupervised
approaches have advantages from an accessibility point of view but are open to fraud
and the provision of early voting puts new candidates at a disadvantage. Mr.
Mountford stated the issue is balancing the need for accessibility while ensuring a fair
and unbiased approach. He feels voter turnout is related to issues and not to the
method of voting. Mr. Mountford recommends that the Municipality adopt the
traditional method of voting, eliminate any further use of vote-by-mail and gather more
information on internet approaches to ensure security before proceeding and to
ensure any internet voting occurs on the same day and during the same times as
traditional paper balloting.
Brian Mountford addressed Council concerning Unfinished Business #2 - Report
CLD-022-09 – Proposed Election Sign By-law expressing concerns with the
recommended restrictions in that they provide an advantage to incumbents as fewer
signs will make it more difficult for new candidates to get their name recognized and
their issues communicated to the community. He feels there will be confusion with
respect to signs being permitted on Regional Road allowances but not Municipal Road
allowances and the by-law will be inconsistent with Federal and Provincial regulations.
Mr. Mountford recommends that Council not restrict the placement of election signs on
Municipal roads.
Council Meeting Minutes - 7 - October 26, 2009
Brian Mountford addressed Council concerning Item 12 of Report #1 - Report
CAO-007-09 – Code of Conduct for Council Members. Mr. Mountford stated he sees
merit in having a Code of Conduct as the Code will provide consistent guidelines on
acceptable and unacceptable behaviour and will act as a yardstick for incumbents and
the voting public to judge behaviour. He stated Codes of Conduct are standard
practice for most municipal staff. Mr. Mountford questions Council’s reaction to the
Code of Conduct and feels a Code of Conduct would only add value to a well-
functioning Council. Mr. Mountford recommends that Council adopt the staff report
and direct the Chief Administrative Officer to draft a Code of Conduct for Members of
Council.
Ann Harley addressed Council concerning Unfinished Business #1 - Report
CLD-021-09 - Methods of Conducting the 2010 Municipal Elections regarding the
issue of security, the perception of fraud and the budget allocation. Ms. Harley stated
that she feels that Council should be seen to be above reproach and that if Council
members have been elected by a vote-by-mail system, questions whether Council will
be viewed as being honestly elected given the issues of security surrounding the vote-
by-mail process. Ms. Harley stated the traditional method of voting is the least
expensive method and questions if it is prudent for Council to hold an election in any
other way. Ms. Harley urged Council to defeat the motion for a vote-by-mail system
and to conduct the Municipal elections by a traditional method of voting at polling
stations with a secure ballot.
Louis Bertrand addressed Council on behalf of the Durham Green Party of Ontario,
concerning Unfinished Business #2 - Report CLD-022-09 – Proposed Election Sign
By-law. Mr. Bertrand stated the issue in the party’s view is one of nuisance and of the
potential for collateral damage in that underfunded candidates at the municipal level
and independent candidates or small party candidates at the Federal and Provincial
level will be disadvantaged. He stated the by-law will be difficult to comply with and to
enforce and questions the provision of signs being allowed on utility poles but not on
municipal property. Mr. Bertrand states the deposit is discriminatory to underfunded
candidates and there is potential for chicanery or mischief. He noted the deposit was
not included in the initial Planning Department report published in June.
Mr. Bertrand stated the Green Party Riding Association’s request is for Council to
pattern the Clarington By-law after the Region’s By-law which will respect the safety
issue, will be easier for candidates to comply with, and for staff to enforce and
requested that the deposit requirement be removed.
Louis Bertrand addressed Council concerning Unfinished Business #1- Report
CLD-021-09 - Methods of Conducting the 2010 Municipal Elections. Mr. Bertrand
confirmed that he was speaking on his own behalf as a resident of Clarington.
Mr. Bertrand stated he has concerns with the preferred method in the staff report and
that his preference would be to return to an in-person vote with multiple polling
locations. He stated that any method of remote voting such as mail-in, telephone or
internet, is flawed due to security issues and highlighted specific issues with internet
voting.
Council Meeting Minutes - 8 - October 26, 2009
Mr. Bertrand stated that in-person voting satisfies the principles of a fair election and
that mobile polls and accommodations could be made to address accessibility issues.
He also feels that if vote tabulating equipment is utilized, there must be a paper ticket
for recounting and that the software must be verified by an independent third party.
Thorsten Koseck addressed Council concerning Report PSD-102-09 - Proposed
Modification to Amendment No. 60, Brookhill Secondary Plan. Mr. Koseck noted he
was the appellant in the Ontario Municipal Board appeal and has had to abandon the
appeal due to the financial costs and time commitment involved. Mr. Koseck stated
there has been a lack of communication, reports contain mistakes and questions have
not been answered. He feels his comments regarding the inclusion of bicycle paths
were not responded to appropriately and that Council should review the resolution,
question if this is what they want for the community, ask questions and be comfortable
with the responses they receive.
Resolution #C-601-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:13 p.m.
COMMUNICATIONS
Resolution #C-602-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items I - 2, I - 5, I - 6, I - 11, and I - 12.
“CARRIED”
I - 1 Minutes of the Central Lake Ontario Conservation Authority dated
September 15, 2009.
I - 3 Durham Regional Police Service forwarding their 2008 Annual
Report.
I - 4 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23, 2009, Regional Council adopted the following
resolution pertaining to Climate Change Science, Greenhouse Gas
Emissions Reduction Targets, and strategies to meet those Targets:
Council Meeting Minutes - 9 - October 26, 2009
"a) THAT Council endorse the comments and recommendations
outlined in Joint Report #2009-J-37, which summarizes current
climate change science, greenhouse gas emissions reductions
targets, and cap-and-trade and revenue neutral carbon tax
programs as strategies to meet those targets; and
b) THAT a copy of Joint Report #2009-J-37 be forwarded to the
Prime Minister of Canada; the Premier of Ontario; the Ministers
of Environment Canada, Natural Resources Canada, the Ontario
Ministries of the Environment, Energy and Infrastructure,
Economic Development, Natural Resources, and Municipal
Affairs and Housing; Leaders of the Opposition Parties and their
Environmental Critics; AMO; FCM; Durham Region MPs and
MPPs; and Durham area municipalities."
I - 7 J. W. Tiernay, Executive Director, Ontario Good Roads Association,
(OGRA) forwarding a Nomination/Consent form for the 2010-2011
OGRA Board of Directors for any OGRA municipal member interested
in being considered as a candidate for a position on the Board of
Directors. The Nomination/Consent form along with a resume is to be
submitted no later than October 30, 2009 for consideration by the
Nominating Committee in November.
I - 8 Association of Municipalities of Ontario (AMO) Alert dated October 6,
2009, advising that applications are being accepted under the
Southern Ontario Development Program (SODP), a program
established to promote economic development, economic
diversification, job creation and sustainable communities in Southern
Ontario; that municipalities and non-profit organizations are among
the eligible applicants for the Program; that favour will be given to
projects that can be started quickly and completed by March 31,
2010, and that priority will be given to organizations or enterprises
located in communities with populations of 500,000 or less or to those
communities whose economies are less diversified and/or are reliant
on a limited number of employers; and, that the application deadline
is December 1, 2009.
Council Meeting Minutes - 10 - October 26, 2009
I - 9 Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P.,
forwarding background information on Canada's Economic Action
Plan, including the Harper Government's commitment to providing
short-term stimulus to communities hard hit by the recession while
delivering long-term funding designed to promote economic growth,
job creation and innovation; advising of the launch of the Federal
Economic Development Agency for Southern Ontario (FedDev
Ontario) an Agency charged with delivering federal economic
development programs tailored to the specific priorities of workers,
businesses and communities in Southern Ontario; and, advising that
applications are now being accepted under the Southern Ontario
Development Program (SODP) for projects that will stimulate local
economies and enhance the growth and competitiveness of Southern
Ontario businesses and communities.
I - 10 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC), advising the Divisional Court has released its
decision regarding the appeal of MPAC and the City of Toronto to the
Assessment Review Board's (ARB) decision related to the Toronto
Bank Towers, confirming the approach that MPAC has used in
valuing commercial property across Ontario; indicating the
Assessment Review Board's interpretation of the Assessment Act
would significantly under-value properties, would not result in a fair
distribution of the property tax burden and does not comply with long-
standing common law and ordering the matter to be returned to a
differently constituted panel of the ARB and to give direction on the
application of the decision; advising that representatives for property
owners have filed a motion requesting 'leave to appeal' to the Court of
Appeal for Ontario and that a timeline as to when the Court of Appeal
will hear the leave application is not known; and, advising background
information about the decision has been posted to MPAC's website.
I - 13 The Honourable Dalton McGuinty, Premier of Ontario, thanking Mayor
Abernethy for forwarding comments regarding planned renovations to
the Lakeridge Health Bowmanville Hospital; advising that the
Government will continue its work to improve the quality and
sustainability of health care for Ontarians; and, indicating that he has
forwarded a copy of the correspondence to the Honourable David
Caplan, Minister of Health and Long-Term Care for direct response to
the municipality.
Council Meeting Minutes - 11 - October 26, 2009
I - 14 Suzanne Tigwell, Executive Director, Resources for Exceptional
Children and Youth – Durham Region, an Agency supporting children
and youth with special needs, forwarding a copy of their 2008-2009
Annual Report highlighting accomplishments of the past year,
expressing appreciation to community partners who work with the
Agency on behalf of the families that they serve; and, advising they
look forward to the future as they continue to deliver responsive
services to families in Durham Region.
I - 15 Laurie Swami, Director, Licensing and Environment, Darlington New
Nuclear Project, Ontario Power Generation (OPG), providing an
update on the OPG New Nuclear at Darlington, advising OPG has
submitted the Environmental Impact Statement (EIS) and updated
application for a License to Prepare Site to the Canadian Nuclear
Safety Commission and has initiated other federal approvals; advising
that no significant adverse effects on the health and safety of workers,
the public or natural environment are anticipated; that the submission
will be provided to a federally appointed Joint Review Panel to review
and to make a determination as to whether or not there is sufficient
information to proceed to a hearing; and, advising OPG will continue
to update Council during the review process.
I - 16 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23, 2009, Regional Council adopted the following
resolution pertaining to Discussion Paper on Requirements for the
Content and Preparation of Source Protection Plans:
“a) THAT Joint Report #2009-J-27 be endorsed and submitted to
Ministry of the Environment as Durham Region’s response to
EBR Posting 010-6726; and
b) THAT a copy of Joint Report #2009-J-27 be forwarded to the
Minister of Municipal Affairs and Housing, the Association of
Municipalities of Ontario, and Durham Region area
municipalities and conservation authorities for their information.”
I - 17 Linda Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region
Conservation Authority, forwarding a copy of the Authority’s 2010
preliminary budget for review; indicating the proposed 2010 general
levy for Clarington is $349,489.87; highlighting proposed capital
projects for 2010; and, advising that the Municipality’s comments
must be received prior to the Full Authority’s meeting scheduled for
December 10, 2009, as the decision is binding once the vote is taken
and the levy is approved.
Council Meeting Minutes - 12 - October 26, 2009
I - 18 Lynn Philip Hodgson, Historian and Co-Author, Camp 30 – Word of
Honour, advising he has read Report PSD-099-09 – Former Boys
Training School And Prisoner Of War Camp, 2020 Lambs Road,
Bowmanville and supports the report; acknowledging the co-operation
of Mr. Whalen of the Kaitlin Group in keeping him informed of the
proceedings; and, advising that he may be contacted now or in the
future if there is anything he can assist with.
I - 19 Mary Tillcock, Organizer, Clarington Terry Fox Run, advising of the
success of the Annual Terry Fox Run, indicating that results for
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Clarington indicate that the 29 Anniversary of Terry’s Marathon of
Hope has raised over $55,000 for cancer research through the efforts
of over 900 participants; and, thanking Mayor Abernethy and
Members of Council and staff for support given to Run Day and
throughout the planning stages of the Run.
I - 2 Minutes of the Durham Nuclear Health Committee dated
September 18, 2009.
Resolution #C-603-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the minutes of the Durham Nuclear Health Committee dated
September 18, 2009, be received for information; and
THAT representatives of the Durham Emergency Management Office (DEMO)
be invited to address Council concerning the new Provincial Emergency
Response Plan.
“CARRIED”
I - 5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23, 2009, Regional Council adopted the following
resolution pertaining to Regional Municipality of Peel Resolution:
"a) THAT the following resolution of the Municipality of Peel dated
June 4, 2009, with respect to the funding gap in health and social
services in the Greater Toronto Area/905, be endorsed:
'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 population rate;
Council Meeting Minutes - 13 - October 26, 2009
AND WHEREAS, population growth in these regions will
further intensify due to Ontario's 25-year growth plan, Places
to Grow;
AND WHEREAS, as of 2008/09 Ontarian's residing in the
Local Health Integration Networks (LHINs) within 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 Region of Peel as part of
the Mississauga-Halton LHIN and Central West LHIN are
receiving $272 less per resident in provincial funding for local
hospital services compared to the average Ontarian, which
translates into a $272 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 Health Integration Networks based on
patient care needs and to address health care funding
inequities in Ontario;
Council Meeting Minutes - 14 - October 26, 2009
AND WHEREAS, the Government of Ontario has
successfully secured from the federal government greater
fairness for Ontario resulting in additional funding for Ontario
through the Canada Health Transfer;
THEREFORE BE IT RESOLVED, that in order to improve
timely and local access to health and social services in the
Region of Peel and across high growth communities in
Ontario, the Council of the Region of Peel asks the
Government to:
1. Speed up implementation of the $100m hospital growth
funding commitment ensuring the growth funding is
targeted to high growth hospitals and provide growth
funding for social services;
2. Quickly implement '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 and social services growth plan for
Ontario high growth communities to complement
Places to Grow.
AND FURTHER, that a copy of this resolution be forwarded
to the Premier of Ontario, the Minister of Health and Long-
Term Care, the Minister of Finance, and Peel-area MPPs,
High Growth Communities Mayors and Chairs, and the
Mississauga-Halton LHIN and Central West LHIN.'; and
b) THAT the Premier of Ontario, Ministers of Children and Youth
Services, Community and Social Services, Finance, Health and
Long-Term Care, Health Promotion, Municipal Affairs and
Housing, Durham's MPPs and municipalities, Central East LHIN,
Chief Medical Officer of Health, alPHa, the Regional
Municipalities of Halton, Peel and York, the County of Simcoe
and the City of Welland be so advised."
Council Meeting Minutes - 15 - October 26, 2009
Resolution #C-604-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT the resolution from the Regional Municipality of Peel, with respect to the
funding gap in health and social services in the Greater Toronto Area/905, be
endorsed.
“CARRIED”
I - 6 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23, 2009, Regional Council adopted the following
resolution pertaining to Accessibility Advisory Committee
Recommendations regarding the Highway 407 East Completion Draft
Environmental Assessment Report; and the Notice of Study
Commencement and Notice of Public Information Centre for the
Preliminary Design and Environmental Assessment Study for the
Widening of Highway 401 from Salem Road to Brock Street in the
Towns of Ajax and Whitby:
"THAT the Accessibility Advisory Committee forward a letter to the
Minister of Transportation with respect to the Preliminary Design and
Class Environmental Assessment Study for the widening of
Highway 401 from Salem Road to Brock Street in the Towns of Ajax
and Whitby requesting that the design and construction of the Henry
Street, Lake Ridge Road and Brock Street replacement bridges
include adequate provision to accommodate persons with disabilities
to ensure their safety when crossing these bridges;
AND FURTHER THAT in order to assist persons with physical
disabilities the Ministry of Transportation be urged to work closely with
the Region to ensure that the design for the sidewalks on the bridges
meet the proposed standard within the Accessibility for Ontarians with
Disabilities Act (AODA) legislation being a minimum width of 1.8
meters;
AND FURTHER THAT a copy of this resolution be forwarded to the
area municipalities."
Council Meeting Minutes - 16 - October 26, 2009
Resolution #C-605-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Correspondence Item I – 6 from P. M. Madill, Regional Clerk, Region of
Durham, with respect to Accessibility Advisory Committee Recommendations
regarding the Highway 407 East Completion Draft Environmental Assessment
Report; and the Notice of Study Commencement and Notice of Public
Information Centre for the Preliminary Design and Environmental Assessment
Study for the Widening of Highway 401 from Salem Road to Brock Street in the
Towns of Ajax and Whitby, be referred to the Clarington Accessibility Advisory
Committee for comment on future development.
“CARRIED”
I - 11 Jaclyn Harper, RN, BScN, Public Health Nurse, Region of Durham,
thanking Council for their continued support of the annual "Stop the
Madness" campaign, a multifaceted campaign to increase awareness
regarding the dangers of aggressive driving; advising the Durham
Region Health Department is offering free resources to community
agencies to help reduce aggressive driving and promote courteous
and safe driving practices; and, enclosing a "Stop the Madness"
poster, bookmarks and pamphlets for display.
Resolution #C-606-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I – 11 from Jaclyn Harper, RN, BScN, Public
Health Nurse, Region of Durham, with respect to prevention of aggressive
driving, be referred to the Clarington Traffic Management Advisory Committee.
“CARRIED”
I - 12 Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P.,
forwarding information on a new component of the Building
Communities Through Arts and Heritage (BCAH) program offered
through the Department of Canadian Heritage; advising the Legacy
Fund, the new initiative will make $4.6 million funding available
through three components - Local Festivals, Community
Anniversaries and Legacy Fund; and, advising the deadlines for
applications to Component 1 - Local Festivals are September 30 and
April 30 and that further information is available at
www.canadianheritage.gc.ca/communities.
Council Meeting Minutes - 17 - October 26, 2009
Resolution #C-607-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item I – 12 from Josh Terry, Special Assistant to the
Honourable Bev Oda, P.C., M.P., with respect to the Building Communities
Through Arts and Heritage (BCAH) Program, be referred to the municipality’s
community partners and to the Business Improvement Areas to investigate
funding opportunities.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-608-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Correspondence Items D - 1 to D - 10 be approved as per the agenda, with the
exception of Item D - 4.
“CARRIED”
D - 1 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; advising that the public tennis courts have
deteriorated due to misuse and are no longer usable; 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) Caroline Charman
b) Jon Gale
(Correspondence referred to the
Director of Engineering Services)
Council Meeting Minutes - 18 - October 26, 2009
D - 2 Gerry Mahoney, South East Clarington Ratepayers’ Association,
advising of the unsatisfactory experiences of three of the
Association’s members related to the Property Valuation Program,
Port Granby Project, as they proceed with the process of selling their
homes; and, forwarding a proposal in which the Municipality would
contract a consultant on an ‘as needed basis’ to act as a guide to
assist the vendor and their realtor in dealing with the Federal Agency
to ensure fairness, ease and transparency.
(Correspondence referred to the
Director of Planning Services)
D - 3 Sharon Eccles requesting the opportunity to remain summer residents
of the West Beach until such time as the Municipality commences
park development, and if realistic, to remain a part of the park
thereafter. She feels the cottagers’ presence at the beach would
assist with security, financial contribution and support of local
retailers. Ms Eccles also requests to be notified of when the cottage
to the north of hers will be removed in order to avoid damage to her
shed which is adjacent to the building.
(Correspondence referred to the
Director of Planning Services)
D - 5 Terry Downey, Executive Vice-President, Ontario Federation of
Labour, requesting November 6, 2009, be proclaimed as “Community
Social Services Workers Appreciation Day” to recognize community
social service workers in Clarington.
(Proclaimed)
D - 6 Joyce Jones, Bowmanville Toastmasters Club 3541, Toastmasters
International, advising that the Bowmanville Toastmasters Club is
nd
celebrating the 22 Anniversary of receiving their club charter on
November 7, 2009, and requesting the week of November 8 to 14,
2009, to be proclaimed as “Bowmanville Toastmasters Week”, in
recognition of the achievements of the Bowmanville Toastmasters
Members and Club.
(Proclaimed)
Council Meeting Minutes - 19 - October 26, 2009
D - 7 Dale A. Stewart, submitting a petition on behalf of the residents of
Aspen Springs requesting that the Green Road Extension north
towards Highway #2 under the CP Rail Bridge be made a pedestrian
and bicycle friendly passage, closed to vehicular traffic, with
appropriate lighting to address concerns that the school yard at Holy
Family Elementary School will experience increasing amounts of
carbon monoxide emissions, traffic congestion and noise pollution
and new businesses will create a constant traffic flow between
Baseline Road and Highway #2; and, submitting a petition on behalf
of the residents of Aspen Springs that the intersection of Aspen
Springs Drive and West Side Drive be made a 3-way stop and that
the joining of Abernethy Crescent and West Side Drive be made a 4-
way stop to allow for safer passage for elementary school students,
children and caregivers of various day care centres, seniors and
buses.
(Correspondence referred to the
Director of Engineering Services)
D - 8 Brent Van Luven, President, Bowmanville and District Navy League,
requesting permission for Cadet tagging on April 23, 24, 25 and 26
and September 23, 24, 25 and 26, 2010; to provide an opportunity to
exhibit the Cadets to the community and to raise the necessary funds
for the Sea Cadet Program.
(Sea Cadet Tagging days approved
for April 23, 24, 25 and 26 and
September 23, 24, 25 and 26, 2010)
D - 9 Lisa Janveaux, Community Advantage Rehabilitation Inc., writing
together with her client Colleen Hynes to formally request approval of
Ms. Hynes’ appeal for a “Deaf Child” sign to be posted on Prout Drive
in Bowmanville. The correspondence indicates that Ms. Hynes’ child
is profoundly deaf, faces other challenges and has no understanding
of safety risks and has on occasion run out in front of cars, and both
she and Ms. Janveaux are extremely concerned for his safety as
there are over 60 homes on the street and there are some drivers
who travel very quickly on the street.
(Correspondence referred to the
Accessibility Advisory Committee)
Council Meeting Minutes - 20 - October 26, 2009
D - 10 Patrick Brown, Administrator, Strathaven Lifecare Long Term Care
and Retirement Home, requesting an amendment to By-law 91-58 to
permit parking on the east side of Galbraith Court during peak visiting
hours from 8:00 a.m. to 5:00 p.m. with no parking being permitted on
the west side of the Court in order to address the shortage of parking
available for the many families, friends and volunteers who visit
residents of the facility; indicating that they have investigated
alternative parking arrangements to address the issue on their end
but no suitable options are available; and advising that the change
would address safety concerns for both visitors and residents of
Galbraith Court.
(Correspondence referred to the
Director of Engineering Services)
D - 4 Suzanne and Brian Way expressing concern with excess water
flowing onto their property from the uncapped artesian well drilled on
the property across the street, indicating that they have been dealing
with Councillor Robinson and municipal staff in an attempt to provide
a resolve to the situation which has been unsuccessful; and,
suggesting that a Professional Engineer be consulted to review the
problem and that infrastructure be put in place to address the
situation.
Resolution #C-609-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Item D – 4 from Suzanne and Brian Way, with respect to drainage issues,
be referred to the Director of Engineering Services.
“CARRIED”
D - 11 Marc Chalifoux, Executive Vice-President, Historica-Dominion
Institute, forwarding a copy of the Veteran Appreciation Days
Planning Guide and Toolkit, encouraging small to mid-sized
communities to plan their own Veteran Appreciation Day, in
recognition of the contribution Veterans make in their communities
outside the traditional Remembrance Day period; and, suggesting
that the community plan a special event and proclaim the date as
“Veteran Appreciation Day”.
Council Meeting Minutes - 21 - October 26, 2009
Resolution #C-610-09
Moved by Councillor Foster , seconded by Councillor Woo
THAT Correspondence Item D - 11 from Marc Chalifoux, Executive Vice-
President, Historica-Dominion Institute, with respect to Veteran Appreciation
Days, be referred to staff and to the Royal Canadian Legion, Branch 178 for
comment.
“CARRIED”
D - 12 Mayor Cam Jackson, City of Burlington, advising Council that on
August 18, 2009, the following resolution pertaining to Community
Schools Alliance: Resolution Regarding the Accommodation Review
Committee process to implement “Smart Moratorium” was approved
by members of the Association of Municipalities of Ontario (AMO) and
presented to Education Minister Kathleen Wynne:
“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;
Council Meeting Minutes - 22 - October 26, 2009
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.
All of which is respectfully submitted and it is recommended:
THAT the Council of the Corporation of the City of Burlington endorse
this resolution presented in the Mayor’s Memo on behalf of
Community Schools Alliance to Community and Corporate Services
Committee on September 1, 2009 and further:
THAT should this resolution be approved by Council, that the
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 and the Community Schools
Alliance.”
Resolution #C-611-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the City of Burlington, with respect to the
Accommodation Review Committee process to implement “Smart Moratorium”,
be received for information.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report October 19, 2009.
Resolution #C-612-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of October 19,
2009, be approved, with the exception of Items #3, #7, #12, and #13.
“CARRIED”
Council Meeting Minutes - 23 - October 26, 2009
Item 3
Resolution #C-613-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-095-09 be received for information;
THAT funding in the amount of $2500.00 be committed from the Economic
Development Reserve fund to the Climatic Assessment for the Lakeshore Zone for the
Commercial Production of Grapes, with the funds flowing through the Clarington
Board of Trade, Economic Development Office;
THAT the Regional Rural Economic Development Officer and the Clarington Board of
Trade be thanked for their interest and pursuit of this project and be encouraged to
continue to work on obtaining the necessary funding for this project; and
THAT all interested parties be notified of Council’s decision regarding Report PSD-
095-09.
“CARRIED”
Item 7
Resolution #C-614-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Report PSD-099-09 be received;
THAT the property identified as 2020 Lambs Road, Bowmanville, have buildings 1, 6,
7, 8, 9, 10 ,11, 12, 14, 16, 17, and 18 (as noted on Attachment 1) deleted from the
Municipal Register of properties of cultural heritage value or interest;
THAT the demolition application for buildings 1, 6, 9, 10, 12, 16, 17, and 18 be
approved at this time; and
THAT all interested parties listed in Report PSD-099-09 and any delegation be
advised of Council’s direction.
“CARRIED”
Council Meeting Minutes - 24 - October 26, 2009
Item 12
Resolution #C-615-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CAO-007-09 be received for information; and
THAT the Chief Administrative Officer revise the existing Code of Conduct to develop
a stand-alone Code of Conduct for Members for Council.
“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
Item #13
Resolution #C-616-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report CAO-008-09 be received; and
THAT staff be authorized to proceed with a contract award to Building Innovations
Inc., Toronto, in the amount of $9,500.00 plus GST for the completion of energy
audits at the Courtice Community Complex and Fire Hall #1, with the funds to be
drawn from the Municipal Government Enterprises Reserve Fund.
“CARRIED”
STAFF REPORTS
Resolution #C-617-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-102-09 be received;
Council Meeting Minutes - 25 - October 26, 2009
THAT the Municipality request the Ontario Municipal Board to modify Amendment No.
60 as shown in Attachment 2 to Report PSD-102-09;
THAT the Ontario Municipal Board and the Durham Region Planning Department be
forwarded a copy of Report PSD-102-09 and Council’s decision; and
THAT all interested parties listed in Report PSD-102-09 and any delegation be
advised of Council’s decision.
“CARRIED”
Resolution #C-618-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report EGD-031-09 be received;
THAT the Mill Street, Orono road repair works be added to tender CL2009-22,
Concession Roads 7 & 8 rehabilitation project;
THAT the funds required to cover the Mill Street, Orono road repairs in the amount of
$35,000 be drawn from the 2009 Engineering Capital account #110-32-330-83212-
7401;
THAT the Mill Street, Orono road repairs works be undertaken and completed in an
immediate and timely fashion.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-619-09
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS the Municipal Elections Act, 1996, requires all candidates to file with the
Clerk a financial statement, and auditor’s reports as the case may be, reflecting the
candidate’s election campaign finances;
WHEREAS the Act provides for penalties, including forfeiture of office, in the case of a
candidate defaulting on the prescribed filing requirements;
WHEREAS the Act provides that any eligible elector may apply for a compliance audit
of a candidate’s election campaign finances where he/she believes on reasonable
grounds that a candidate has contravened a provision of the Act;
Council Meeting Minutes - 26 - October 26, 2009
WHEREAS it is the duty of the Council to consider the application for a compliance
audit which places the Council in a most challenging position when required to sit in
judgment of whether to conduct a compliance audit on those against whom they
contested the election or with they now sit as fellow council members; and
WHEREAS the AMCTO Municipal Election Project Team was apprised of numerous
issues arising around the Compliance Audit provisions of the Act during the 2003 and
2006 Municipal Elections throughout the province, and concluded the following
recommendation to the Minister of Municipal Affairs and Housing:
“That section 81 ‘compliance audits’ be reviewed in its entirety and consideration be
given to appointing an independent third party to conduct audits.”
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington endorse
the recommendation of the AMCTO Municipal Project Team pertaining to “compliance
audits”; and
THAT a copy of this resolution be forwarded to the Minister of Municipal Affairs
and Housing, the Association of Municipalities of Ontario, John O’Toole, MPP,
Durham and all municipalities within Ontario seeking their support.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-620-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Resolution #C-592-09 be lifted from the table.
“CARRIED”
Resolution #C-621-09
Moved by Councillor Trim, seconded by Councillor Novak
WHEREAS the Municipal Clerk was directed by Council to prepare Staff Report
CLD-021-09;
WHEREAS within the report, staff outlined the available approved methods that could
be used to meet the Municipal Elections Act;
WHEREAS at the October 13, 2009, special Council meeting, staff answered
questions from Council members;
Council Meeting Minutes - 27 - October 26, 2009
WHEREAS concern and consideration pertaining to accessibility was and should
always be reviewed for each election;
WHEREAS Clarington like many other municipalities have used the vote by mail
method for elections in 2000-2003-2006 successfully as per page 5 (2.4.1) of Report
CLD-021-09;
THEREFORE after a thorough review of the methods and combined methods outlined
in the report, it is the position of Clarington Council to continue using the vote by mail
method as in the past three elections; and
THAT improvements for accessibility voting be presented to Council for approval at a
later date.
“MOTION LOST 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
Resolution #C-622-09
Moved by Councillor Robinson, seconded by Councillor Hooper
That Report CLD-021-09 be received;
WHEREAS the Ontario Municipal Elections Act, 1996 is the statute which the
Province of Ontario has given authority to all of the Municipalities of Ontario to
conduct a municipal election every four (4) years;
WHEREAS Section 11 of that Act establishes the Municipal Clerk’s responsibility for
conducting the municipal election and includes responsibility for: a) preparing for the
election; b) preparing for and conducting a recount in the election; c) maintaining
peace and order in connection with the election.
WHEREAS Section 42 of that Act allows for the Council of a local municipality to pass
by-laws authorizing: a) the use of voting and vote-counting equipment such as voting
machines, voting recorders or optical scanning vote tabulators; b) authorizing electors
to use an alternative voting method, such as voting by mail or by telephone, that does
not require electors to attend at a voting place in order to vote.
Council Meeting Minutes - 28 - October 26, 2009
WHEREAS notwithstanding that the Ontario Municipal Elections Act 1996 allows for
these alternative voting formats, the majority of municipalities in Ontario continue to
conduct their municipal elections using the traditional method of casting votes by
paper ballot at designated polling booths located at numerous locations within their
respective municipality;
WHEREAS the Government of Canada and the Province of Ontario continue to
conduct federal and provincial elections in the traditional method of casting votes by
paper ballots.
WHEREAS the Council of the Municipality of Clarington has engaged the public by
way of announcing and holding a special council meeting on Tuesday October 13,
2009, placing newspaper advertisements in local papers, listening to delegations from
members of the public, and debating in committee and council meetings the various
options available to the municipality for conducting the 2010 municipal election in the
Municipality of Clarington;
WHEREAS the current downturn in the worldwide economy has had effect on the
local economy of Clarington;
WHEREAS Council will be considering many options during the 2010 municipal
budget deliberations in order to exercise fiscal responsibility and control over property
tax increases;
WHEREAS since the 2006 Municipal Elections, the Municipality of Clarington has
transferred one hundred and seventy five thousand dollars ($175,000.00) into the
2010 municipal election reserve fund.
WHEREAS the estimated cost to conduct a traditional style election will be
approximately one hundred and fifty thousand dollars ($150,000.00).
WHEREAS the estimated cost to the Municipality of Clarington to conduct any one of,
or any combination of, alternative style elections will increase the cost of the 2010
municipal election to three hundred thousand dollars ($300,000.00);
WHEREAS any combination of an alternate style of election will require additional
funding and will impact the 2010 municipal budget in the amount of one hundred and
twenty five thousand dollars ($125,000.00) which is equivalent to approximately one
half of one percent of the 2009 property tax levy;
WHEREAS the traditional style election will provide numerous local short term jobs for
many people within our municipality, and generate additional hall rental revenues for
local hall boards, schools and churches.
THEREFORE BE IT RESOLVED THAT Council directs the Clerk to conduct the 2010
municipal election:
Council Meeting Minutes - 29 - October 26, 2009
1. in accordance with the Ontario Municipal Act, and
2. using a similar number of polling stations, and the same principals, rules and
procedures used by the Government of Canada and the Province of Ontario to
conduct provincial elections, or federal elections
FURTHER THAT the method of conducting municipal elections in the Municipality of
Clarington be changed from Mail-in Voting to a Traditional Paper Ballot at voting
stations locations, including a mobile polling station to accommodate the residents of
homes for seniors and hospitals;
FURTHER THAT interested parties listed in Report CLD-021-09 be advised of
Council’s decision.
“CARRIED AS AMENDED”
(See following motion)
Resolution #C-623-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT the foregoing Resolution #C-622-09 be amended by deleting Paragraphs 11
and 12.
“CARRIED”
Resolution #C-622-09 was then put to a vote and CARRIED AS AMENDED ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Resolution #C-624-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT in accordance with Council’s Procedural By-law, the meeting adjourn at
11:00 p.m. and reconvene at 8:00 a.m. on October 29, 2009.
“MOTION LOST”
Council Meeting Minutes - 30 - October 26, 2009
Resolution #C-625-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT in accordance with Council’s Procedural By-law, the meeting adjourn at
11:00 p.m. and reconvene at 9:00 a.m. on October 27, 2009.
“MOTION LOST”
Resolution #C-626-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the meeting be extended until 12:00 midnight in order to complete the agenda.
“CARRIED”
Resolution #C-627-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Resolution #C-594-09 be lifted from the table.
“CARRIED”
Resolution #C-628-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report CLD-022-09 be received;
THAT election sign regulations continue as per the current by-law;
THAT staff investigate a separation distance similar to the provisions of the Region of
Durham’s By-law regarding Election signs on Regional Roads and report back; and
THAT staff report back on sight lines to ensure that safety issues are addressed.
“CARRIED”
Resolution #C-629-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Addendum 1 to Report PSD-067-09 be received;
THAT Report PSD-067-09 be received;
Council Meeting Minutes - 31 - October 26, 2009
THAT the Municipality advise Smooth Run Developments Inc. and Brookfield Homes
(Ontario) Limited that it is the Municipality's position that the North Village
Neighbourhood Design Plan and the related official plan amendment and
development applications must incorporate a restored and naturalized northerly
tributary of the Foster Creek within the Newcas#le Village North Neighbourhood; and
THAT all interested parties listed in Report PSD-067-09 and any delegation be
advised of Council's decision.
"TABLED IATER IN THE MEETING"
Resolution #C-630-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of considering a verbal report of the Solicitor
dealing with litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality.
"CARRIED"
The meeting resumed in open session at 11:32 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.
Resolution #C-631-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #C-629-09 be tabled until the first Council meeting
in January, 2010.
"CARRIED"
Resolution #C-632-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow for the introduction of By-law
2009-148.
"CARRIED"
Council Meeting Minutes - 32 - October 26, 2009
BY-LAWS
Resolution #C-633-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT leave be granted to introduce By-laws 2009-145 to 2009-148 inclusive;
2009-145 Being a By-law to authorize entering into an Agreement with the
Owners of plan of Subdivision 18T-94027 and any Mortgagee
who has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of 18T-94027
2009-146 Being a By-law to exempt certain portions of Registered Plan
40M-2148 from Part Lot Control (Prestonvale Heights Limited)
2009-147 Being a By-law to enter into an amending agreement between the
Corporation of the Municipality of Clarington (Clarington), the
Corporation of the Municipality of Port Hope (Port Hope), and Her
Majesty the Queen in Right of Canada as represented by the
Minister of Natural Resources (Canada)
2009-148 Being a by-law authorize the execution of Minutes of Settlement
between Brookfield Homes (Ontario) Limited (Brookfield), Building
Industry and Land Development Association (BILD), Players
Business Park Ltd. (Players), Smooth Run Developments Inc.
(Smooth Run), West Diamond Properties Inc., and the
Corporation of the Municipality of Clarington (the Municipality);
and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
There was no Other Information introduced under this section of the Agenda.
Council Meeting Minutes - 33 - October 26, 2009
CONFIRMING BY-LAW
Resolution #C-634-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-149, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 26`h day of October, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-635-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 11:42 p.m.
"CARRIED"