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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: ? 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 ? 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 th 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: ? 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. th ? 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. ? 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: ? 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. ? 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. ? The Older Adult Association will host a Remembrance Day Luncheon on th November 10 with the Colour Guard in attendance. ? 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: ? 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. ? 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 th 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"