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HomeMy WebLinkAbout11/09/2009 ClarR! Energizing Ontario !()ll DATE: MONDAY, NOVEMBER 9,2009 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council held October 26, 2009 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) a) Tom Worden - Report PSD-1 06-09 - Request for Permit to Demolish 1592 Prestonvale Road, Courtice, a Property on the Municipal Register of Properties of Cultural Heritage Value or Interest (Staff Report #2) COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated September 17, 2009 1-2 Gary P. Carroll, Director, Engineering Services, City of Oshawa - City of Oshawa Priorities for the 2010 Regional Capital Road Program and Four Year Forecast I - 3 P. M. Madill, Regional Clerk, Region of Durham - Used Tire Recycling Funding from Ontario Tire Stewardship (OTS) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - November 9,2009 I - 4 Cathleen Cogan Bird, Director of Development, The Society for Educational Visits and Exchanges in Canada (SEVEC) - "Youth Taking Action 2010" Program I - 5 John R. O'Toole, MPP, Durham - Disposition of Surplus School Board Property I - 6 John R. O'Toole, MPP, Durham - Critical Care Facilities at Lakeridge Health Bowmanville 1-7 John R. O'Toole, MPP, Durham - Improving Timely and Local Access to Hospital Care 1-8 Mayor Marolyn Morrison, Town of Caledon - Underserviced Area Program and Solutions to Local Issues 1-9 John R. O'Toole, MPP, Durham - Construction of Highway 407 I - 10 Fareed Amin, Ministry of Municipal Affairs and Housing - Local Government Week I - 11 Larry O'Connor, Mayor, Township of Brock - BILD Appeal of Township of Brock Development Charges By-law 1- 12 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham - Durham Agricultural Advisory Committee, 2009 Farm Tour 1- 13 Message from the Ministry of Municipal Affairs and Housing and Member Communication of the Association of Municipalities of Ontario (AMO) - Bill 212, The Good Government Act, 2009 1-14 Region of Durham Planning Department - Land Stewardship: Practical Information and Tips for Landowners" Workshop I - 15 Angie Darlison, Executive Director, Clarington Older Adult Association (COAA) and Peter Spratt, Project Manager, ROCG Consulting - COM Strategic Plan Receive for Direction D - 1 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee - Annual Newcastle Santa Parade D - 2 Cheri DiNovo, MPP, Parkdale-High Park - Inclusionary Zoning Bill D - 3 Kerry Meydam - Methods of Conducting the 2010 Municipal Elections. D - 4 Louis Bertrand - Methods of Conducting the 2010 Municipal Elections Council Agenda - 3 - November 9, 2009 D - 5 Margaret H. Polman - Snow Removal D - 6 Scott Russell, Student, Durham College Police Foundations Program - Project to Deter Youth Crime in Clarington D - 7 Michelle Crabb, President, Mothers Against Drunk Driving (MADD) Durham Region - "Campaign 911" D - 8 Corporation of the County of Perth - Residential-Farmland Property Tax Concerns D - 9 Tanya Lamb, Township Clerk, Township of Wainfleet - Ministry of Natural Resources Provincially Significant Wetlands D - 10 Mayor Victor Fedeli, City of North Bay - Mayor to Mayor Campaign Regarding Buy American Battle D - 11 Valentine Lovekin, Newcastle Village Business Improvement Area - Road Closures and Garbage Pick Up D - 12 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington - Items Referred to the Agricultural Advisory Committee of Clarington D - 13 Rick Forsey, Teacher, Sinclair Secondary School, Whitby - World Record Attempt D - 14 Tony Wood, Chairman, Good Neighbour Committee - Request for Financial Assistance D - 15 The Township of Frontenac Islands - Closing of Prison Farms in New Brunswick, Ontario, Manitoba, Saskatchewan and Alberta D - 16 Marie Hammond, Treasurer, Bowmanville Santa Claus Parade Committee - Request for Deferral of Municipal Service Charges COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of November 2, 2009 STAFF REPORT(S) 1. Report COD-065-09 - CL2009-39, Garnet B. Rickard Recreation Complex/Community Care Durham Renovations 2. Report PSD-1 06-09 - Request for Permit to Demolish 1592 Prestonvale Road, Courtice, a Property on the Municipal Register of Properties of Cultural Heritage Value or Interest Council Agenda - 4 - November 9,2009 BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS 1. Tender CL2009-43, Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT C!pn 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: Also Present: 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 Chief Administrative Officer, F. Wu Director of Engineering Services, 1. 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 H1 N1 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 from 10:00 a.m. until 4:00 p.m. until November 28th. Further information on the H1 N1 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. . The Visual Arts Centre of Clarington held the opening reception for their 29th 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 Bowmanvillefacility 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 (COM) 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 COM's event. . The Older Adult Association will host a Remembrance Day Luncheon on November 10th 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 Anastassakis, an 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" PRESENT ATIONS 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 COM'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-1 02-09 - 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. 1-4 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." 1-7 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 1-9 I - 10 I - 13 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. 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. 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 1-14 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 Clarington indicate that the 29th 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. 1-2 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" 1-5 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 GT A/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 $1 OOm 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) Le., 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 Weiland 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" 1-6 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 1- 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 1- 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" 1- 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/commu n ities. Council Meeting Minutes - 17 - October 26, 2009 Resolution #C-607 -09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item 1- 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 celebrating the 22nd 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. D - 11 "CARRIED" 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-61 0-09 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 Resol ution #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 ~ Councillor Hooper ~ Councillor Novak -,J Councillor Robinson ~ Councillor Trim ~ Councillor Woo ~ Mayor Abernethy ~ 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 Resol ution #C-617 -09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-1 02-09 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-109-09; THAT the Ontario Municipal Board and the Durham Region Planning Department be forwarded a copy of Report PSD-1 02-09 and Council's decision; and THAT all interested parties listed in Report PSD-1 02-09 and any delegation be advised of Council's decision. "CARRIED" Resol ution #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 ~ Councillor Hooper ~ Councillor Novak ~ Councillor Robinson ~ Councillor Trim ~ Councillor Woo ~ Mayor Abernethy ~ 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 anyone 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 --J Councillor Hooper ..J Councillor Novak ..J Councillor Robinson --J Councillor Trim ..J Councillor Woo --J Mayor Abernethv --J 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 Newcastle Village North Neighbourhood; and THAT all interested parties listed in Report PSD-067 -09 and any delegation be advised of Council's decision. "TABLED LATER 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 2009-146 2009-147 2009-148 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 Being a By-law to exempt certain portions of Registered Plan 40M-2148 from Part Lot Control (Prestonvale Heights Limited) 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) 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. NOTICE OF MOTION "CARRIED" 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 26th day of October, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRI ED" ADJOURNMENT Resolution #C-635-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 11 :42 p.m. "CARRI ED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS November 9, 2009 a) Tom Worden - Report PSD-106-09 - Request for Permit to Demolish 1592 Prestonvale Road, Courtice, a Property on the Municipal Register of Properties of Cultural Heritage Value or Interest (Staff Report #2) SUMMARY OF CORRESPONDENCE November 9,2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated September 17, 2009. (Copy attached) I - 2 Gary P. Carroll, Director, Engineering Services, City of Oshawa, writing to P.M. Madill, Regional Clerk, Region of Durham, advising that on October 19, 2009, the City of Oshawa adopted the following resolution pertaining to City of Oshawa Priorities for the 2010 Regional Capital Road Program and Four Year Forecast: 'THAT Report DS-09-354 dated September 30,2009 be forwarded to the Region of Durham as the City's input on the Region's 2010 Regional Capital Road Program and Four Year Forecast and that Attachment 2 to Report DS-09-354 be amended to reflect the City's 2010 priority for the Gibb Street/Olive Avenue, Stevenson to Simcoe Road project." I - 3 P. M. Madill, Regional Clerk, Region of Durham, advising Council that Regional Council adopted the following resolution pertaining to Used Tire Recycling Funding from Ontario Tire Stewardship (OTS): "a) THAT the Regional Municipality of Durham staff be directed, subject to the review and approval of the agreement by the Regional Solicitor, to participate in the Used Tire Program Plan. established by Ontario Tire Stewardship under the Waste Diversion Act and to abide by the Ontario Tire Stewardship Terms and Conditions for Collectors as shown in Attachment NO.1 to Report No. 2009-WR-13 of the Commissioner of Works; b) THAT the Finance Purchasing Department be directed to include language in purchasing and operating agreements for the supply of tires, that the vendor must take back used tires and recycle them under the Ontario Tire Stewardship Used Tire Program Plan or equivalent, and further, that the limit on the number of collections by Ontario Tire Stewardship be an interim limit and that staff investigate increasing this limit during negotiations; Summary of Correspondence - 2 - November 9,2009 c) THAT the '2009 Fees and Charges - Waste Management' be amended to waive the current tipping fee of $120.00 per tonne for deliverables of loads containing tires only, but limited to vehicles that have a Gross Vehicle Weight Rating of up to a maximum of 7,500 kilograms, to be effective the date that the Regional Municipality of Durham registers as a 'Collector' with Ontario Tire Stewardship; d) THAT Regional Municipality of Durham staff be directed to work with the area municipalities and local stakeholders to facilitate the collection of tires directly from properties that have tire stockpile to be fully funded by Ontario Tire Stewardship (collection and processing costs); e) THAT the Commissioner of Finance be authorized to execute the agreement and any subsequent amendments thereafter; and f) THAT a copy of Report No. 2009-WR-13 be provided to the area municipalities for their information and use." . I - 4 Cathleen Cogan Bird, Director of Development, The Society for Educational Visits and Exchanges in Canada (SEVEC) advising that SEVEC, in partnership with the Department of Canadian Heritage, Official Languages Support Programs Branch is offering funding to young Canadians under the "Youth Taking Action 2010" program for youth-led community projects; forwarding program details and application form; and, advising the deadline to apply is November 19, 2009. I - 5 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has written to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, concerning Clarington's support of the City of Burlington's resolution proposing that school boards with surplus property be permitted to turn over their property to the local municipality for uses associated with publicly accessible parkland, open space and trails; advising he has requested that the Minister advise if he would consider enhancing the Places to Grow Act for this purpose; commending the Municipality for supporting Provincial policies that encourage the development of parkland, trails and open space; and, indicating that he looks forward to the Minister's response and trusts that it may lead to a policy that will assist municipalities in acquiring additional green space in the years ahead. Summary of Correspondence - 3 - November 9,2009 1-6 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has written to the Honourable Dalton McGuinty, Premier of Ontario, endorsing Clarington's support of much-needed critical care and endoscopy improvements planned for Lakeridge Health Bowmanville; and, offering his assistance to the municipality for further follow-up, if needed. I - 7 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has written to the Honourable Dalton McGuinty, Premier of Ontario, endorsing Council's resolution in support of the County of Simcoe's resolution pertaining to improving timely and local access to hospital care; expressing support for local community hospitals and healthcare stakeholders in Durham Region who seek fair and reasonable levels of funding required in growing communities; and, requesting to be copied on the Minister's response to Council. I - 8 Mayor Marolyn Morrison, Town of Caledon forwarding minutes of the October 2, 2009, Greater Toronto Countryside Mayors Alliance meeting and advising that the following resolutions pertaining to Underserviced Physician Areas and Solutions to Local Issues were passed: "WHEREAS the Government of Ontario issued a consultation document for the spring/summer 2009 which designated the entire GT A as excluded from the UAP and; WHEREAS the September Consultation Report continues this exclusion and; WHEREAS most of the rural GT A municipalities are not near to achieving the current physician complement formula which means these areas are underserviced; THEREFORE BE IT RESOLVED THAT the current proposed GTA exclusions be reconsidered and the Rurality Index for Ontario be revised to reflect the needs for the rural GTA municipalities." And "WHEREAS the Greater Toronto Countryside Mayors Alliance respectfully request that the Honourable George Smitherman, Deputy Premier and Minister of Energy and Infrastructure, be requested to convene a Provincial/Municipal Countryside Forum at Queens Park and; Summary of Correspondence - 4 - November 9, 2009 THEREFORE BE IT RESOLVED THAT this Forum will take place with Provincial Cabinet Ministers and Mayors to engage their collective expertise, awareness and strategize solutions to local issues." 1-9 John R. O'Toole, MPP, Durham, advising Council that he has written to the Provincial Minister of Finance requesting clarification on the timetable for completing the Highway 407 east extension, in response to Council's request for additional information on the Federal/ Provincial Agreement; requesting the Minister to clarify how funding will be allocated; and, to confirm that the intention is to extend the 407 Highway in a single stage so that the traffic burden on rural areas of Clarington is curtailed. I - 10 Fareed Amin, Ministry of Municipal Affairs and Housing, thanking Council for supporting Local Government Week - October 18 to 24, 2009; encouraging students, educators and municipalities to engage one another throughout the year on how their communities work; and, suggesting that teachers and municipal staff visit the AMCTO's website at www.amcto.com to plan activities. I - 11 Larry O'Connor, Mayor, Township of Brock, expressing disappointment on behalf of the Township of Brock, regarding the appeal filed by BILD against the adoption of the Township's new Development Charges By-law; advising he will not be attending the upcoming BILD luncheon with Members of Regional Council; and, forwarding a copy of his correspondence to all Members of Regional Council for their information. I - 12 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, forwarding a copy of the Regional Commissioner of Planning's Report on the Durham Agricultural Advisory Committee, 2009 Farm Tour, for information. Summary of Correspondence - 5 - November 9, 2009 I - 13 Message from the Ministry of Municipal Affairs and Housing and Member Communication of the Association of Municipalities of Ontario (AMO) dated October 27,2009, concerning Bill 212, The Good Government Act, 2009, that would, if passed, improve clarity, increase transparency and enhance accountability and include amendments to the Juries Act, the Public Inquiries Act and the Municipal Elections Act. Proposed changes to the Municipal Elections Act include moving Election Day forward to October 25, 2010, suggesting changes to campaign surpluses, fundraising limits, compliance audits and financial accountability; proposing changes with regard for the needs of disabled voters and candidates and changes regarding the use of additional sources of personal information to improve the accuracy of the voters list. 1-14 Region of Durham Planning Department advising that the Durham Agricultural Advisory Committee (DAAC) and the Durham Environmental Advisory Committee (DEAC), in partnership with the Durham Land Stewardship Council, are presenting a workshop entitled "Land Stewardship: Practical Information and Tips for Landowners" on Saturday, November 28, 2009, at the Goodwood Community Centre from 9:30 a.m. until 3:00 p.m. The workshop will provide tips on various land stewardship opportunities for rural and agricultural landowners and topics will include woodlot management, invasive species, renewable/alternative energy, and cost sharing programs. The deadline to register is November 25, 2009. I - 15 Angie Darlison, Executive Director, Clarington Older Adult Association (COAA) and Peter Spratt, Project Manager, ROCG Consulting, announcing the launch of the COAA Strategic Planning process to help establish a much-needed planning framework for the Association in identifying priorities and establishing a plan of action that addresses the needs of the members in terms of the programs and services offered and the resources that will be necessary to deliver the services in the future; indicating that ROCG Consulting has been selected to assist the Association in the development of the Strategic Plan; advising that a member of the ROCG team will be contacting Members of Council and Department Heads to schedule interviews as part of the community consultation component; and, advising that a Steering Committee has been formed to oversee the project and that Skip Crosbie is the Municipal representative on the Committee. Summary of Correspondence - 6 - November 9,2009 CORRESPONDENCE FOR DIRECTION D - 1 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee, requesting permission to hold a fireworks display in conjunction with the parade on November 22,2009; and, advising that their pyrotechnician requires proof of Council's approval to obtain the fireworks permit and as the parade is earlier this year, the Pyrotechnics Depot requires advance notice. (Motion to approve issuance of the fireworks permit) D - 2 Cheri DiNovo, MPP, Parkdale-High Park, requesting Council to consider supporting her inclusionary Zoning Bill to allow municipalities to pass by-laws mandating that a certain percentage of all new units built in an area be put aside for affordable purchases or to provide developers with the option to allocate certain funds to affordable housing purposes rather than having affordable units in their buildings. The Bill has passed second reading in the Ontario Legislature, and, if passed, will empower municipalities to use inclusionary zoning tools free from Provincial interference. (Motion to refer correspondence to the Director of Planning Services) D - 3 Kerry Meydam forwarding correspondence in support of a return to the traditional method of voting, with provisions made for those with disabilities who request a special ballot or transportation to a polling station, as she feels the supervised method of voting is still the best. Ms. Meydam follows up with additional correspondence indicating that while her original opinion that use of vote tabulators was not necessary, she has since changed her feelings about the use of the equipment, due to the information brought forward by the Municipal Clerk at the October 26, 2009, Council meeting. (Motion to refer correspondence to the Municipal Clerk) D - 4 Louis Bertrand expressing appreciation to Council for returning to the traditional method of conducting municipal elections and for taking a prudent approach on the election sign issue; indicating that he is in agreement with the Municipal Clerk that vote tabulating equipment is useful as the municipal ballot is more complicated than the federal/provincial ballot. (Motion to refer correspondence to the Municipal Clerk) Summary of Correspondence - 7 - November 9,2009 D - 5 Margaret H. Polman, writing further to her correspondence regarding snow removal, expressing concern with the proposed $75 fee for sidewalk and windrow snow clearing and suggesting that prior to the bidding process, that the service be divided into two distinct jobs with distinct fees which may prove more cost effective for Council. (Motion to advise of actions taken with respect to Report COD-062-09) D - 6 Scott Russell, Student, Durham College Police Foundations Program, advising as part of the curriculum, students in his progra m have been assigned a project to develop ideas on how to deter youth crime in the Clarington area and to meet with Durham Regional Police Officers in 16 Division who are involved in community policing; highlighting what their group is proposing that involves schools and the community to deter criminal activities including reducing litter, and ways to increase community usage of parks and trails by increasing visibility, working with schools to educate students on the harms and consequences of crime and committing criminal offences; indicating they are currently gathering information on the costs and availability of resources; and, requesting Council's support of their project. (Motion to refer correspondence to the Director of Engineering Services) D - 7 Michelle Crabb, President, Mothers Against Drunk Driving (MADD) Durham Region, advising of the launch of project "Campaign 911 ", a campaigned aimed at reducing the number of injuries and fatalities as a result of alcohol and/or drug-related accidents; indicating as part of the Campaign, the Chapter hopes to erect several road signs within Durham Region to heighten public awareness and serve as a reminder for all to call 9-1-1 if they suspect an impaired driver; advising that in order to obtain funding from MADD Canada's National Office, the Chapter must confirm support of local community partners; and, forwarding a draft letter of support of the project for Council's consideration to assist the Chapter in obtaining financial support in moving forward with the initiative. (Motion for Direction) D - 8 Corporation of the County of Perth advising Council that the County of Perth adopted the following resolution pertaining to Residential- Farmland Property Tax Concerns: "WHEREAS the 2009 Provincial assessment data included incorrect values in the Residential class that should have been included in the Farmland class; and Summary of Correspondence - 8 - November 9,2009 WHEREAS such incorrect values will be adjusted by MPAC.for the affected taxpayers by the Post Roll Amended Notices, but for which such adjustments may create a budget shortfall for municipalities by having to write-off the differences; and WHEREAS outstanding building permits not processed in a timely manner affect municipalities' revenue and could offset such write-offs; and WHEREAS incorrect values in the RT and FT class have an impact on the OMPF calculations for both 2009 and 2010; NOW THEREFORE BE IT RESOLVED THAT MPAC be requested to provide additional, proactive reporting to municipalities to disclose such pending assessment changes in the future; and THAT MPAC be requested to process the outstanding building permits to ensure that no Assessment revenue is lost, and that new permits be processed in a timely manner; and THAT the Ministry of Finance be requested to reconcile the 2009 OMPF, and to adjust the 2010 OMPF calculations to their proper values; and THAT a copy of this resolution be forwarded to the Hon. John Wilkinson, MPP, Eastern Wardens Caucus, the Western Warden Caucus, the Association of Municipalities of Ontario (AMO) for circulation, the Ontario Federation of Agriculture (OFA), the Christian Farmers Federation of Ontario (CFFO), and the National Farmers Union of Ontario (NFU) for support." (Motion for Direction) D - 9 Tanya Lamb, Township Clerk, Township of Wainfleet, advising Council that on October 13, 2009, the Township of Wainfleet adopted the following resolution pertaining to Ministry of Natural Resources Provincially Significant Wetlands: "WHEREAS the Ministry of Natural Resources proposes to designate a significant portion of land in Wainfleet as Provincially Significant Wetlands (PSW); AND WHEREAS these designations represent a significant erosion of property owners' private property rights; Summary of Correspondence - 9 - November 9,2009 AND WHEREAS the designations have been made unilaterally and without public input; NOW THEREFORE BE IT RESOLVED THAT the Corporation for the Township of Wainfleet strongly objects to the wetland mapping proposed for this municipality by the Ministry of Natural Resources; AND THAT Council directs staff to draft a letter to the Ministry of Natural Resources outlining Council's objection to the mapping; AND FURTHER THAT a copy of the letter be sent to the Association of Municipalities of Ontario, Peter Kormos, M.P.P. and all Ontario municipalities for their consideration and support." (Motion for Direction) D - 10 Mayor Victor Fedeli, City of North Bay, requesting Mayors of all Canadian cities to join North Bay in battling the restrictions of the "Buy American" provision which restricts U.S. cities from purchasing Canadian goods and services with their stimulus funding; highlighting the positive reception to the letter-writing campaign received from U.S. Mayors; and, urging Council to join the campaign in reminding U.S. Mayors that the purchases made by Canadian municipalities have helped their cities survive through the recession and to inform other levels of government of the local ramifications of this decision. (Motion for Direction) D - 11 Valentine Lovekin, Newcastle Village Business Improvement Area, requesting Council to reconsider their decision to charge the BIA for road closures and garbage pick-up for special events and requesting that each BIA be permitted exemptions from these municipal charges three times per year, otherwise, they will be forced to reconsider the viability of special events; and, indicating that they feel the 35% overhead fee added to the charge and the six hour minimum charge are disproportionate and penalizing. (Motion for Direction) D - 12 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington, (AACC) advising Council that on October 8,2009, the AACC adopted the following resolution with respect to the Homegrown Ontario Resolution which was referred back to the AACC by Council on September 21,2009: "WHEREAS the Municipality of Clarington supports practices that contribute to the creation of a sustainable environment; Summary of Correspondence - 10 - November 9,2009 D - 13 D - 14 AND WHEREAS Ontario consumers support Ontario farmers by purchasing Ontario produced agricultural products; AND WHEREAS Ontario farmers adhere to the highest quality standards set forth by the Canadian provincial and federal government regulatory boards; AND WHEREAS the purchase of all Ontario agricultural products sourced locally requires the burning of less fossil fuel than other food trucked or even flown in from hundreds or even thousands of miles away; now THEREFORE BE IT RESOLVED THAT the promotion and sale of Ontario produced agricultural products to Ontario consumers by Ontario Farmers be identified as contributing to the creation of a sustainable economy and the reduction of carbon emissions." In addition, the Committee received for information correspondence from Teresa Van Raay requesting support for the Canadian Pork Industry and the resolution from the Town of Caledon pertaining to the Development of an Economic Development Strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability, which was also referred to the AACC by Council on September 21,2009. (Motion for Direction) Rick Forsey, Teacher, Sinclair Secondary School, Whitby, advising of the school's attempt to break the world record for the largest guitar ensemble to take place at the GM Centre in Oshawa on June 15, 2010, at 7:00 p.m.; indicating that staff and students will make up most of the numbers with other boards and the greater community invited to attend; advising that the Town of Whitby, the City of Oshawa and the Region of Durham are already helping with the event; and, questioning whether the Municipality of Clarington would be interested in helping make this event a huge success. (Motion for Direction) Tony Wood, Chairman, Good Neighbour Committee, requesting Council to consider providing financial assistance to Kim Jobe and Ross Dalgleish, to help rebuild barns and fencing destroyed as a result of the F1 Tornado that tore through their property at 4535 Walsh Road in Orono on September 28, 2009. (Motion for Direction) Summary of Correspondence - 11 - November 9,2009 D - 15 The Township of Frontenac Islands advising Council that The Township of Frontenac Islands adopted the following resolution pertaining to Closing of Prison Farms in New Brunswick, Ontario, Manitoba, Saskatchewan and Alberta: "WHEREAS the Federal Government, through Correction Services of Canada, has announced the closing of six prison farms across Canada; AND WHEREAS the Public Safety Minister, Peter Van Loan, has listened to feedback from the public and we are appreciative of the recent announcement that the abattoir located at the Pittsburg Institution, near Kingston, will remain in operation; AND WHEREAS it is felt that there are many benefits in keeping all prison farms open. While it is acknowledged that not many prisoners will end up with a job on a farm, their experience working on the prison farms provide them with a host of transferable skills and teaches them the need for punctuality, discipline, responsibility, good work ethic, and the importance of teamwork; AND WHEREAS there is evidence that the way people treat nature (animals and the environment) reflects in the way that they treat people and vice versa. Many prisoners have grown up in abusive situations and ended up abusive themselves; by working on the prison farms they get a new appreciation for the importance of respecting their surroundings, which in turn helps in teaching them to grasp the need for personal restorative behaviour. By working on the farms and seeing first hand that a respective relationship with animals and nature is important, they learn that there is another and better way; AND WHEREAS it is felt that the costs of running these farms are offset by savings derived from these locally grown foods. That there are side benefits that are hard to put a dollar value on, such as reducing C02 in the environment with reduced transportation, and building of the inmates self worth and self-esteem which will help them reintegrate into society, and thus prevent them from returning to prison; BE IT RESOVED THAT the Council of the Municipality of Frontenac Islands requests the Honourable Peter Van Loan, and Correction Services Canada, to keep the six prison farms in question opened; . Summary of Correspondence - 12 - November 9,2009 AND FURTHER THAT this resolution be forwarded to the Honourable Rob Nicholson, Federal Justice Minister, and Peter Milliken, MP for Kingston and the Islands, and all municipalities in Ontario for their support." (Motion for Direction) D - 16 Marie Hammond, Treasurer, Bowmanville Santa Claus Parade Committee, advising the Committee is in receipt of correspondence from the Municipality outlining their intention to invoice the Committee for municipal services provided to the Santa Claus Parade; advising that as there was no advance warning of this policy, the Committee is not prepared to pay for these services; and, requesting deferral of the charges until 2010 to enable the Committee to budget for this extra cost. (Motion for Direction) CI!!f.mgtnn I - 1 Approved bv Committee Members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday, September 17, 2009 PRESENT: ( Chair) Gord Lee David Reesor Lisa Robinson Kerry Meydam (Vice-Chair) Clayton Morgan Councillor Adrian Foster Gillian Bellefontaine Alan Bayliss ALSO PRESENT: Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Constable Esther Rathwell, Durham Regional Police Services REGRETS: Tony Cannella, Director of Engineering Services, Georg Krohn, John Slater, Elwood Ward 1.0 ADOPTION OF MINUTES-(June 18, 2009) The following motion was proposed: THAT: "The minutes of the June 18, 2009 meeting are approved without changes." MOVED: by Gillian Bellefontaine; SECONDED by Clayton Morgan CARRIED 2.0 ITEMS FOR INFORMATION 2.1 Road Watch News & Statistics-(Gord Lee) DRPS Statistics-(Constable Esther Rathwell) There have been 75 Road Watch reports from the public entered to date for the year. Two volunteers have resigned which leaves one person to input data. Constable Rathwell and Gord Lee will meet to see which of the remaining reports can be processed. Gord Lee will attend the Newcastle Bond Head Ratepayers meeting on September 21st and will educate guests about the Road Watch Program. DRPS passed along a handout of Traffic Watch statistics for 2009 and Ron Baker had a handout for Traffic Watch showing various locations and violations reported to Durham Regional Police. There have been 321 letters processed (June-August) through Traffic Watch by way of the radar gun. The program seems to be working well this year. Esther Rathwell commented that there are not enough officers to keep up with the number of locations that need attention, but they are doing what they can to enforce speeds. 2.2 Highway 407 Update-(Leslie Benson) Leslie advised that a joint report from Planning and Engineering will be submitted to the September 28th General Purpose and Administrative Committee. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 Road Watch Box, Orono-Gord Lee No action has been taken to date. Gord Lee may go on his own to visit stores to see ifhe can get a Road Watch box installed in Orono. 3.2 Three-Way Stop @ Hampton Store-(check counts)-Ron Baker This item was deferred to the next meeting. 3.3 Speeding-Green Rd.-(added to Traffic Watch list)-Ron Baker Traffic Watch performed speed counts on Green Road south of Taunton Road and north of Nash ("S" bend area) in July and the average speed was 77.4 KPH in a 70 KPH zone. Constable Rathwell conducted mobile radar counts at this same location and had zero speeders with only 2 vehicles passing by. Site distance was good for up to 80 KPH (the 2 driveways in question were checked). Traffic volumes are low in this area. 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 Construction in Hampton (Ormiston Lane to MilIville Avenue) No parking signs on the east side will be installed so no one can park on the grass boulevard. The west side had asphalt boulevard installed to make for extra parking spots. Ron Baker will check speeds in this area. 4.2 Durham Region Representation Stuart McAllister will be replaced by another staff member at Durham Region. 4.3 Mill Street & Edward Street Signalization The lights at this location should be energized within 2-3 weeks. 4.4 Apron Parking @ Aspen Springs-Bowmanville There have been complaints from residents, who received warnings and tickets for violations, with regards to the Traffic By-law which states that one cannot park on the apron of a driveway. Councillor Ron Hooper has been dealing with the situation as has Municipal By-Law. 4.5 Bridge on Concession Closed Concession Roads 7 (Darlington) bridge will be closed for deck repairs September 21 st to early December. Concession 7 (Darlington) and Concession 8 (Clarke) will be resurfaced and repaired and both roads should expect delays with traffic. 4.6 Budget Councillor Foster advised that due to budget cut backs there will likely be one staff member only attending Committee meetings. This will be reviewed again on September 21 st. 4.7 Bowmanville High School In addition to some ongoing traffic issues there is a smoking area issue which has potential to move into the parking area. Leslie Benson will have Durham Regional Police advised of municipal ownership or lease status. 4.8 Concession 3 There are lilac trees near the intersection of Concession Road 3 and Lockhart Road. Leslie Benson will advise Operations to investigate and see if these should be trimmed. 4.9 Boswell Drive/Hwy 2 & Green Road/Hwy 2 Signalization The lights at these two locations were supposed to be activated in August but should be activated very soon. 4.10 Clayton Morgan's Last Meeting Clayton advised that this would be the last meeting that he will attend and that he will put forth his resignation. He has chaired 8 of the 10 years that the Committee has been running and wanted to thank everyone for their contributions. He will miss everyone and miss being part of the Committee. Gord Lee thanked Clayton and commented that he has been a very important part of the Committee. He wished him well with his future. Councillor Foster thanked Clayton for his time spent with the Committee and let him know that it was very much appreciated. 4.11 Vice-Chair Position The committee will be looking for a Vice-Chair and will decide whether to elect one right away or wait until the next election in January 2010. 5.0 NEXT MEETING DATE- October 15, 2009-7:00 P.M. Committee Room IC-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; Clayton Morgan THAT: "The meeting be adjourned at 8:35 p.m." C' · 1. \JJ'arll1~ J J Ellf~l'gizillg OlltarioL REPORT #1 REPORT TO COUNCIL MEETING OF NOVEMBER 9, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, NOVEMBER 2, 2009 RECOMMENDA TIONS: 1. RECEIVE FOR INFORMATION (a) ESD-012-09 Fire Services Long Service Medals/Firefighter Recognition Ceremony (b) CLD-024-09 Animal Services Quarterly Report - July - September, 2009 (c) Delegation Greg Milosh, Brookhill Neighbourhood Official Plan Review 2. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 31 SINGLE DETACHED DWELLING UNITS APPLICANT: COURTICE HOMESTEAD LAND CORPORATION THAT Report PSD-100-09 be received; THAT Amendment No. 68 to the Clarington Official Plan as submitted by Courtice Homestead Land Corporation, to delete Type 'C' Arterial Road (Future Adelaide Avenue) east of Trulls Road, be adopted as indicated in Attachment 4 to Report PSD-100-09 and that the By-law contained in Attachment 4 to Report PSD-100-09 be adopted; THAT the application for Draft Approval of the Proposed Plan of Subdivision submitted by Courtice Homestead Land Corporation be approved as contained in Attachment 2 to Report PSD-1 00-09, subject to the Conditions of Draft Approval, contained in Attachment 5 to Report PSD-100-09; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 November 9, 2009 THAT the application for Zoning By-law Amendment, submitted by Courtice Homestead Land Corporation be approved as contained in Attachment 6 to Report PSD-100-09; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0002 and the Municipality of Clarington be approved as contained in Attachment 7 to Report PSD-1 00-09; THAT a copy of Report PSD-1 00-09 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation; and THAT all interested parties listed in Report PSD-1 00-09 and any delegations be advised of Council's decision. 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 15,2009 THAT Report PSD-103-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 15, 2009 for applications A2009-0037 through A2009-0039 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 4. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ARNOT WOTTEN THAT Report PSD-104-09 be received; THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-1 04-09 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-1 04-09, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Report #1 3 November 9,2009 5. CUSTOMER SERVICES STANDARDS - ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 THAT Report CLD-023-09 be received; and THAT the Customer Service Standard Policy included as Attachment NO.1 to Report CLD-023-09 be approved and incorporated into Corporate Policy. 6. 2010 MUNICIPAL ELECTIONS - REQUEST FOR CLERK TO REPORT THAT the Clerk report on the costs, benefits, possible drawbacks and other information that the Clerk deems pertinent, regarding automatic vote tabulation in comparison with a manual count with respect to the 2010 Municipal Elections. 7. TENDER CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS THAT Report COD-063-09 be received; THAT KLD Construction Limited, Ajax, ON with a total bid price of $389,085.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, cond itions and specifications of Tender CL2009-41, be awarded the contract for the Fuel Tank Requirements at Various Locations; THAT funds required in the amount of $139,185.00 be drawn from the Operations 2009 Capital Budget Account 110-36-370-83677-7401 for Depot 42; and THAT funds required in the amount of $249,900.00 be drawn from the General Municipal Reserve Fund for Hampton and Orono Operations Centre. 8. HOLIDAY TRAIN IN CLARINGTON THAT Report COD-064-09 be received; THAT Council approve and endorse the Municipality's participation in the 2009 event within budget implication; THAT Council approve and endorse that the required Road Occupancy permit be held in the Municipality's name and insured under the general municipal policy; and THAT Ms. Ellen Cowan, a private citizen, be recognized and thanked for her financial support and continued enthusiasm for the Holiday Train initiative. Report #1 4 November 9,2009 9. RICHARD WARD'S REQUEST TO SUSPEND TAX SALE PROCESS ON HIS PROPERTY THAT Report FND-029-09 be received; THAT Council deny Mr. Ward's request to suspend the Tax Sale process on his property located at 3709 Regional Road 9, Orono, Ontario; THAT Council deny Mr. Ward's request to remove property standards cost for property clean up from his tax roll; and THAT this resolution be forwarded to Mr. Richard Ward. 10. REPORT COD-033-09, REGARDING PAY EQUITY: CUPE LOCAL 74 UNION MUNICIPAL ACT LIBRARY: MERCER PLAN IMPLEMENTATION, THAT the verbal report by Mr. Bruce Martin from Mercer Consultants on May 4, 2009 be received; THAT the Memorandum of Understanding for implementation of the revised Pay Equity Plan, signed by CUPE Local 74 on behalf of the Inside, Outside and Library Union Members of Council ( Attachment #1) be accepted as confirmation of the Plan as a deemed approved plan for Pay Equity Purposes; THAT the Mercer Pay Equity Plan be approved by Council for implementation; THAT the recommended adjustments resulting from the Consultant's review of the pay equity process, be effective at January 1, 2009; THAT the Pay Equity banding be reviewed for updating and possible realignment if necessary, to reflect the appropriate separation between grid levels and bargaining units, at the conclusion of the three year review period; THAT, consistent with the industry norm and Municipality of Clarington practice since 2006, future recommendations by the Pay Equity Committees regarding Pay Equity adjustments to compensation be approved by the CAO; THAT the Library Board be advised of Council's decision as the Municipality is the recognized employer for Pay Equity Purposes; and THAT the Union Local 74 President be advised of Council's decision and approval of the plan as an approved plan in satisfaction of the Pay Equity Act obligations, and that they be thanked for the Union Members' contributions and participation in the revision process. Report #1 5 November 9,2009 11. EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO THE APPRAISED VALUE THAT Report PSD-105-09 be received; THAT an additional payment of $241 ,050.00 plus interest calculated as set out in the Expropriation Act, Section 33, be forwarded to 902714 Ontario Inc. (Bruce Brown) with funds to be provided from Account No. 110-50-130-85002-7401 Land Acquisition; and THAT all interested parties listed in Report PSD-1 05-09 and any delegations be advised of Council's decision. Cl~J!:iQgron STAFF REPORT If 1 REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: November 9, 2009 Report #: COD-065-09 File# By-law # Subject: CL2009-39, GARNET B. RICKARD RECREATION COMPLEX / COMMUNITY CARE DURHAM RENOVATIONS Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-065-09 be received; 2. THAT HN Construction Limited, Toronto, Ontario with a total bid in the amount of $369,000.00 (Excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2009-39, be awarded the contract for the Garnet B. Rickard Recreation Complex / Community Care Durham Renovations as required by the Community Services Department; 3. THAT the funds required for the renovation project in the amount of $419,000.00 ($369,000.00 plus construction contingency) be drawn from Rickard Recreation Complex - Community Care Durham Renovation Account #110-42-421-84257-7401; 4. THAT the budget funds not required in the amount of $140,504.00 be returned to the General Municipal Purposes Reserve Fund; and 5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to Execute the necessary agreement be approved. / Submitted by: /' //~.~/i' /v~--- lJ/'.J( C:t..,. <.-r?{,~.- rvfarie Marano, H.B.Sc., C.M.O., Director of Corporate/Services Reviewed by: ' . .-, (I -?' <_/ _/~~-_.. / ~S-{ .J L.c Franklin Wu, Chief Administrative Officer / / ..... -.......-/. ,.-; . /'/ ,; /. .. . . . '/.;;;1'/1'/( ,f[ii//' Nancy'TayI6rYB.B.A~ C.At Director of Financerrreasurer MM\JB\km\gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 REPORT NO.: COD-065-09 PAGE2 1. BACKGROUND AND COMMENT 1.1 At the meeting of April 6, 2009, Council approved the project for the renovations to the Garnet B. Rickard Recreation Complex to accommodate the move of Community Care Durham from the Clarington Beech Centre to the Rickard Complex. The overall budget approved for the project was $600,000.00 and included both the design and construction. 1.2 Following approval of the project, a request for proposal was issued to secure the services of an architect to complete the design, prepare the tender documents and supervise the construction. J. R. Freethy Architects of Bowmanville was the successful bidder on that process. During the summer months and early fall meetings were held with Community Care Durham, MOC staff and the architect to complete the design of the office and program space required by Community Care Durham. Concurrent with this consultation a public request for pre-qualification of general contractors was undertaken with a total of twelve firms being pre-qualified to bid on the project. 1.3 Tenders were invited from the list of pre-qualified contractors in October and advertised electronically for the benefit of sub-trades and tenders closed on October 28, 2009. Subsequently, tenders were received and tabulated as per Schedule liB" attached. 2. ANALYSIS 2.1 After review and analysis of the bids by the Community Services Department, J.R. Freethy Architects and Purchasing, it was mutually agreed that the low bidder, HN Construction Limited, Toronto, Ontario, be awarded for the contract for the Garnet B. Rickard Recreation Complex / Community Care Durham Renovations project. A memo from the Community Services Department accompanied by a letter from J.R. Freethy Architects confirming the recommendation is attached as Schedule "C". 2.2 HN Construction has completed a number of similar projects for the City of Toronto, Ontario Realty Corporation and the Peel District School Board. Purchasing Staff contacted references as part of the pre-qualification process and references contacted stated that HN Construction Limited had completed the work to the specifications and to their satisfaction. REPORT NO.: COD-065-09 PAGE 3 2.3 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Community Services. 3. FINANCIAL 3.1 Council approved all inclusive funding for the above project at a budget of $600,000.00. The funding source for the project was identified from the General Municipal Purposes Reserve Fund for the Rickard Recreation Complex - Community Care Durham Renovation to be charged to Account #110-42-421-84257-7401. Of the $600,000.00 budgeted an amount of $40,496.00 has been identified to cover the architectural services, leaving a balance of $559,504.00 to complete the project. This award of $419,000.00 (including contingency) leaves a remaining balance of $140,504.00 underbudget.These funds will be returned to the General Municipal Purposes Reserve Fund. 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing, the Community Services Department and J.R. Freethy Architects, it is recommended that HN Construction Limited be awarded the contract for the Garnet B. Rickard Recreation Complex I Community Care Durham Renovations project. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Director of Community Services Attachments: Attachment 1 - Schedule "A", By-law Attachment 2 - Schedule "B", Bid Summary Attachment 3 - Schedule "C", Memo from Community Service with letter from J.R. Freethy Architects Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and HN Construction Limited, Toronto, Ontario, to enter into agreement for the Renovations to the Garnet B. Rickard Recreation Complex / Community Care Durham lease space. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, HN Construction, Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2009. By-law read a third time and finally passed this day of ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Schedule "B" /'..-.{\ ~ g" 1 /T11J~.:"'.'1.' ('1., :-1 - ';7 7........7.. I !. (' .. .. .";.J 1. ( ..1 \'_3' . ,u_ . , L~ C^-.JL__ Leading the Way Ci Municipality of Clarington SCHEDULE "B" BID SUMMARY TENDER CL2009-39, GARNET 8. RICKARD RECREATION COMPLEX CCD RENOVATIONS .. .~ ~ ,.. ..~" .. -,' "" ~': ."~... . l___~_~._~-m.__ .,____~_.._~~~~_~..__.~_"~.___l~~_ . TOTAL BID I (Before GST) HN Construction $369,000.00 Toronto, ON DASD Contracting $369,500.00 Toronto, ON Gerr Construction Limited $372,000.00 Courtice, ON Trustco Construction Ltd, $385,000.00 Markham, ON Garritano Bros, Ltd, $395,900.00 Oshawa, ON Flat Iron Building Group Inc $399,400.00 Taranto, ON Gay Company Limited $405,000.00 Courtice, ON Snyder Construction $409,000.00 Ashburn, ON Morosons Construction Ltd $511,761.00 Toronto, ON Kara Consultants Inc $543,000.00 Scarborouah, ON A Plus General Contractors Corp $629,000.00 Toronto, ON ,. .. .,. -- '~,-'-''''_. ,----- -.. ... SCHEDULE "CII CliJlmgtnn MEMO TO: Jerry Barber, Manager of Purchasing Corporate Services Department FROM: George Acorn, Manager of Facilities Community Services Department DATE: November 2, 2009 RE: Tender #CL2009.39, Rickard Complex/Community Care Project I have reviewed the submissions for this tender and as well as the letter from J.R. Freethy Architect, dated October 30,2009. I am in concurrence with the recommendation to award the contract to HN Construction Limited in the amount of $369,000.00 plus GST. ~ -C;eo~ Acorn Cc J. Caruana CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-5506 ,/~, 1 f.......t/ ru6QtJ~~~ . I WWW.JRFREETHY.COM 5 SILVER STREET. BOWMANVILLE. ONTARIO. CANADA. L 1 C 3C2 T: 905.623.7476. F: 905.623.8989 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 October 30, 2009 Attention: Mr. Jerry Barber, Purchasing Manager RE: GBRCC. CCD RENOVATIONS - TENDER NO. CL2009-39 Jerry: We have reviewed the three low bids submitted for the above tender as forwarded by the Purchasing Department for our analysis. The tender submitted by HN Construction in our opinion is formal and therefore considered the lowest bonafide bid for Tender No. CL2009-39. We therefore recommend award of the construction contract for the scope of work as set forth in Tender No. CL2009-39 to HN Construction limited in the amount of $369,000.00 (three hundred and sixty nine thousand dollars) plus $18,450.00 GST. Regards J.R. FREETHY ARCHITECT I " ~oaa.. Mfa;c "~--"----,,,! cc. Mr. G. Acorn (1) File (1) J R F Ivv CJfJ!.-ilJgron STAFF REPORT 112 REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, November 9,2009 Report #: PSD-106-09 File #: PLN 34.5.4.10 By-law #: Subject: REQUEST FOR PERMIT TO DEMOLISH 1592 PRESTONVALE ROAD, COURTICE; A PROPERTY ON THE MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-106-09 be received; 2. THAT the stone house located at 1592 Prestonvale Road, be REMOVED from the Municipal Register of properties of cultural heritage value or interest; 3. THAT staff be authorized to issue the permit to DEMOLISH the building; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's direction. \ '(I-v. )~ (- _ ~,-<-.~L, Reviewed by: 1....-:--. ' '- Franklin Wu, Chief Administrative Officer IL/FL/df 4 November 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-106-09 PAGE 2 1.0 PURPOSE 1.1 To provide Council with an understanding and basis for the recommendation to remove 1592 Prestonvale Road from the municipal register and allow its demolition. The property at 1592 Prestonvale Road was added to the Register in order to allow sufficient time for discussions to be held with the Estate and the developer who owns the adjacent lands. Staff wished to explore the potential for the stone house to be conserved and incorporated into a low to medium density project. 2.0 BACKGROUND 2.1 At the Council meeting held on October 26, 2009 Council approved adding the property identified as 1592 Prestonvale Road, which is owned by the Worden Estate, to the Municipal Register as a non-designated property of cultural heritage value or interest. 2.2 On October 26, 2009 staff meet with the executor of the Estate, Tom Worden, and Michael Freedman of 289143 Ontario Limited. Mr. Worden outlined the issues regarding the sale of the property and the Estate's concern in regard to maintaining property insurance (Attachment 1). 2.3 On October 27, 2009 an application to demolish the home was submitted. As the property is recorded on the Municipal Register, the Ontario Heritage Act provides Council with sixty (60) days in which to address the request for demolition. Council has the option of either removing the property from the Municipal Register so that a permit can be issued to demolish the building; or not responding to the submission, in which case they would be deemed to have consented to the application; or initiating the heritage designation process. 3.0 PLANNING CONTEXT 3.1 The Provincial Growth Plan promotes urban intensification of underutilized properties with higher densities along major arterial roads to support transit use. At the same time, municipalities are to develop strategies that include the conservation of cultural heritage resources as built-up areas are intensified. In 1995, at the time of the preparation of the South-West Courtice Secondary Plan, this property was considered a site for more intense development. A Heritage House symbol was placed on the Secondary Plan land use map and it was anticipated that development alternatives would to be explored that could incorporate the house (Attachment 2). 3.2 This property has frontage on a Type C arterial road and could be a prime location for a medium density development or a non-residential use which is compatible with the neighbourhood (Attachment 3). The site is designated low density residential in the Secondary Plan. As the site was not part of the subdivision development that surrounds the property it is currently zoned Agricultural. The Estate lands and 289143 Ontario Limited lands total 0.5 hectares which would permit a maximum of 15 residential units as of right. The Official Plan could be amended to permit medium density use at a REPORT NO.: PSD-106-09 PAGE 3 maximum of 30 residential units. The residential polices of the Official Plan permits additional uses other than housing without an amendment to the Plan, such as corner stores and day care centres. A rezoning and site plan approval would be required for development of the property. Staff believe, that to achieve the development potential for the property a longer term development horizon is required. The inheritors of the Estate would like to settle the estate. The adjacent developer has not expressed any interest in developing the site for an innovative use, whether residential or otherwise. 3.3 As a single family residential property, the house is surrounded by new subdivision and is across the street from the South Courtice arena. Many would not consider this a desirable location for a building of this type. Heritage homes on one acre lots are best suited to neighbourhoods with properties of similar character. Attempts to sell the property have been unsuccessful. 4.0 HISTORICAL AND CULTURAL VALUE 4.1 The stone house on this property was built circa 1850 and is recorded in the 1861 Tremaine map and the 1878 Belden's Atlas as being owned by Thomas Worden. It is the original homestead and house for the Worden lands which at one time extended south to Lake Ontario. In addition to this cultural heritage, the house is constructed of rubble fieldstone in the architectural style of a Regency Cottage and it has unusually large front windows. There is a single storey fieldstone wing extending from the north side of the house which has a different stone pattern, most likely indicating a difference in age and builder from the main portion of the home. The limestone voussoirs over the windows are unique, as the limestone was probably brought as ballast from Kingston. This property's cultural and architectural significance would qualify it for heritage designation under the Ontario Heritage Act. 4.2 The Clarington Heritage Committee (CHC), as per the Ontario Heritage Act, were consulted prior to property being added to the Municipal Register and also after the application for the demolition permit was received. A special meeting of the CHC was held on October 29, 2009. Mr. Worden attended the meeting and explained the circumstances regarding the property to the Committee members. After giving consideration to Mr. Worden's comments, and having reviewed the property in terms of its architectural and historical significance, the Committee passed the following motion: The Clarington Heritage Committee recommends to Council that the Worden family home at 1592 Prestonvale Road remain on the Municipal Register and initiate the designation of this property under Part IV of the Ontario Heritage Act. The house has been identified since 1995 on the Secondary Plan, and prior to that on the LACAC inventory list of 1985, as a property of cultural heritage value. One of the few remaining heritage structures in Courtice, the stone Regency cottage exhibits a unique stone pattern. REPORT NO.: PSD-106-09 PAGE 4 4.3 Heritaqe Desiqnation Should Council wish to act on the recommendation of the CHC, Council would initiate the heritage designation process by authorizing the Municipal Clerk to serve a Notice of Intention to Designate under the Ontario Heritage Act. Attachment 4 outlines the requirements of the Act and indicates that the owner can appeal potential designation of the building to the Conservation Review Board, who will hold a hearing and report back to Council with their recommendation. The final decision on whether or not the building should be designated remains with Council. If the building is designated the owner can apply to Council to demolish the structure. Should Council refuse the application, or approve the application with terms and conditions that are unsatisfactory to the owner, the owner can appeal the decision of Council to the Ontario Municipal Board. The OMB will make the final decision on the demolition. Any appeal of the heritage designation of this property to the Conservation Review Board, or appeal of a refusal to permit demolition after designation to the Ontario Municipal Board, would require staff and legal representation at the hearings. 4.4 Removal from the Municipal Reqister Option Should Council approve the Staff recommendation to remove the property from the Municipal Register, the application to allow demolition of the structure will be issued. In this case, it is most likely that the property will remain vacant until such time as the site is amalgamated with the adjoining lands owned by 289143 Ontario Limited or another developer with an interest in the property brings forward an application. 5.0 COMMENTS 5.1 The issue that has triggered both the application for demolition and the expediency with which this issue is being addressed is the insurance issue faced by the Estate. In this case there are some overriding circumstances. While there are insurance companies that provide insurance on vacant buildings it is costly as it relates to risk avoidance and management. In this particular case, because the Estate is the owner of the building and the inheritors are named, they could be personally held responsible should an unfortunate accident or incident occur. This is unlike other situations when the owner is a limited company and thus the liability is limited to the company, not their personal finances. In addition, the inheritors of the Estate do not wish to incur the ongoing cost of insurance and maintenance of the building, especially given the difficulty the Estate is having in finding a willing insurer. The inheritors of the Estate are concerned for their ongoing liability and have concluded that the' demolition of the house is their only recourse. In anticipation of demolition much of the interior finishing has been removed from the home making it uninhabitable. REPORT NO.: PSD-106-09 PAGE 5 6.0 CONCLUSION 6.1 This building is one of the few remaining heritage houses in Courtice. At the current time there is no developer interested in combining the two properties and retaining the structure for its development potential as an alternate use. While the site has potential to be utilized for a more intensive housing development or commercially; it requires a buyer willing to pursue those options and alternatives. 6.2 Staff are recommending that the property be removed from the Municipal Register and they be authorized to issue the permit to demolish. Attachments: Attachment 1 - Worden Estate Submission Attachment 2 - South-West Courtice Secondary Plan Land Use Map Attachment 3 - Site Map showing ownership of Worden Estate and 289143 Ontario Limited Attachment 4 - The Heritage Designation Process List of interested parties to be advised of Council's decision: Ontario Heritage Trust Clarington Heritage Committee Ministry of Culture The Worden Estate Attachment 1 To Report PSD-106-09 T.S. Worden 36 Prince Rupert Drive Courtice , Ontario L 1 E 1Z5 October 7, 2009 Dear Ms. Little, As discussed, I have attached some information which may be relevant to our application for a demolition permit for our house on Prestonvale Road. 1. The house has been uninhabited for approximately 2 % years, and no one in our family will live in the house. . 2. Over the past 1 ~ years, the house has been listed for sale. During that time, we did not receive one offer. It appears that there are two main factors: (1) It is not a desirable location to purchase a house and approximately 1 acre lot; and (2) The costs to bring the house to a satisfactory level for habitation are substantial. 3. We have been advised that it is not practical to consider moving the house and in fact, it may not be possible to move it at all. 4. We have been advised by our insurance company that they will cease to insure the house effective November 10, 2009. 5. In view of the above, we have applied for a demolition permit and in anticipation of demolishing the house before November 10th; we have salvaged fixtures from the house, including cupboards, etc. I hope that the above helps you understand our position and why we have concluded that the only practical way to proceed is to demolish the house and at some point sell the property as vacant land, which will in all likelihood be developed in conjunction with the balance of the farm. ' Thank you for your consideration. ~~L Tom Worden SECONDARY PLANS - SOUTH-WEST COURTICE BLOOR z I -J Z ~ Attachment 2 To Report PSD-106-09 --- PLANNING AREA BOUNDARY GSSSJ FUTURE URBAN RESIDENTIAL c=J LOW DENSITY RESIDENTIAL ~(:~:~:~:::::,:~:~~ ~EDIUM DENSITY RESIDENlIAL - HIGH DENSITY RESIDENTIAL ~ ,-. P .-. NEIGHBOURHOOD PARK . . ~ P ARKETlE . , . f~8;;,~i;W~ ENVlRON~ENTAL PROTECTION AREA ~ STORM WATER FACILITY ~..... -,.. ~ PUBLIC SECONDARY SCHOOL ~ PUBLIC ELEMENTARY SCHOOL ~ SEPARAiE ELEMENTARY SCHOOL - NEIGHBOURHOOD CEN1RE ~:::::::::E::t~::j UTILITIES 0 HERITAGE HOUSE L4J ARTERIAL ROADS TYPE A -J ARTERIAL ROADS TYPEB --- ARTERIAL ROADS TYPE C --------- COLLECTOR ROADS ... LOCAL ROAD ACCESS ,--, r \ INTERSECTION IMPROVEMENT \ I '-" . .............. PEDESiRlAN AND BICYCLE ROUTES o ... ------------ . ..... ........... SOUTHGA TE i I om"" I f~~ ~ t MAPA LAND USE ! BAYVIEW NEIGHBOURHOOD ~~ BASELINE ROAD _ ~ SECONDARY PLAN ~.__ --' ~I JANUARY 2.2007 ~~ THIS CONSOUOATION IS PROVIDED FJR CONVENIENCE ONLY _________~ ---_ 'NO REPRESENTS REQUESTED MODIFICATIONS 'NO AP?RDVALS SWC-4 Municipality ot Clarington Official Plan - Office Consolidation (January 2(07) Attacnment ;:S To Report PSD-106-09 ,) .' ~ / , Q I I 6 'I , . 0: I l.J.J -..J ~rS B I J.;;, (/) 'U! . 'Q. . I J . .. .. .J l --- ...... KERSEY CRESCENT Property Ownership ~ The Wordon Estate ~ 289143 Ontario Limited ::- J . I . I I AI ~ Attachment 4 To Report PSD-106-09 Heritage Designation Process In accordance with the provisions of the Ontario Heritage Act, initiation of the designation process begins with Council authorizing the Clerk to give Notice of Intention. Council is to consult with the CHC before giving the Notice prescribed. The Notice is to be served on the owner and is to be published in a newspaper having general circulation in the municipality and is to include a statement that notice of objection to the designation may be served on the Clerk within 30 days after the date of publication. If there is no objection Council can pass a by-law designating the property. Objections to the designation are to be referred to the Conservation Review Board for a hearing. The Conservation Review Board will hold a hearing and within 30 days of the conclusion of the hearing will report to Council with its recommendations. Upon considering the report Council can pass a by-law designating the property. A copy of the by-law, together with a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property is served on the property owner and the Ontario Heritage Trust, is registered on the title of the property, and the notice of the by-law is published in the local newspaper. Should Council not wish to proceed with designation the Notice of Intention to designate is withdrawn and a notice of withdrawal is served on the property owner and the Ontario Heritage Trust, and is published in the local newspaper. The decision of Council is final with regards to Part IV of the Ontario Heritage Act. If a Notice of Intention to designate is given under the Ontario Heritage Act any permit that allowed for the alteration or demolition of the buildings on the property would be void as of the day the Notice of Intention is given and the property is treated as if it is designated. Owners of designated properties cannot demolish or remove buildings from a property unless they apply to Council and receive consent in writing. Council has 90 days to review the application. This period can be extended upon agreement between the owner and Council. Council is to consult with the heritage committee and may consent to the application, consent subject to terms and conditions, or refuse the application. Notice of Council's decision is served on the owner and the Ontario Heritage Trust, and is published in the local newspaper. If Council refuses the application to demolish or remove a building, or approves the application subject to terms and conditions, the property owner can appeal Council's decision within 30 days of receiving notification. Appeals filed with the Municipal Clerk and the Ontario Municipal Board. The OMB will hold a hearing and may order that the appeal be dismissed, or that the Municipality consent to the demolition without terms and conditions, or with the terms and conditions set by the OMB. The decision of the Ontario Municipal Board is final. Unfinished Business #1 TENDER CL2009-43, SENIORS & PHYSICALLY DISABLED SIDEWALK AND WINDROW SNOW CLEARING SERVICES REVISED THAT Report COD-062-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $64,080.80 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-43, be awarded the contract for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised; THAT pending satisfactory pricing and service the contract be extended for a second and third year; THAT Council authorize the insertion of an advertisement in local papers informing residents of the reinstatement of the program as soon as possible; THAT the annual administration fee for the 2010/2011 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be reviewed and reassessed in the Spring of 2010; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget(s). Clarinnt011 Leading the Way ~ LV REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2,2009 Report #: COD-062-09 File#_ By-law # Subject: TENDER CL2009-43, SENIORS & PHYSICALLY DISABLED SIDEWALK AND WINDROW SNOW CLEARING SERVICES REVISED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-062-09 be received; 2. THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $64,080.80 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-43, be awarded the contract for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised; 3. THAT pending satisfactory pricing and service the contract be extended for a second and third year; 4. THAT Council authorize the insertion of an advertisement in local papers informing residents of the reinstatement of the program; 5. THAT the annual administration fee for the 2010/2011 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be reviewed and reassessed in the Spring of 2010; and 6. THAT the funds expended be drawn from the Operations Department Annual Operating Budget(s). Submitted by: ~; //{1~~r Clrie Marano, H.B.Sc., C.M.O., Director of Corporate Services ,/C /", , Reviewed by: ,,/ // /1/taz~2"---~~- Franklin Wu, Chief Administrative Officer 1'-,~ '" ' ~ l, MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: COD-062-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 At the Council Meeting on October 5, 2009 Council passed Resolution #C-581-09 stating: THAT Report COD-058-09 be received; THAT staff be directed to provide a modified version of our previous Senior and Physically Disabled Sidewalk/Windrow Snow Clearing Service on the basis of the following: a) b) the property owner would register with the Municipality for the service; and there would be an annual administration fee to be pre-paid at the time of registering for the service. THAT the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk/windrow snow clearing service for all Clarington areas and report back on the bid results at the earliest possible date; THAT the annual administration fee for the 2009/2010 Senior and Physically Disabled Sidewalk/Windrow Snow Clearing Service be $75 per registered property; THAT Margaret H. Polman, and other interested parties on record, be advised of Council's decision." 1.2 Tenders were publicly advertised and called for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised as required by the Operations Department. Subsequently, seven tenders were received and tabulated as per Schedule "A" attached. 1.3 In previous years, the Operations Department has complied the list of residents requiring snow clearing assistance in mid August of each year. By August 15 notice was provided to people registered in the preceding year and public notice was advertised. An application cut-off date of no later than October 15 allowed time for staff to compile the list, complete site inspections on new additions and set routes. REPORT NO.: COD-062-09 PAGE 3 1.4 As a result of the late approval of the Seniors and Physically Disabled Sidewalk and Windrow Snow Clearing Services, Operations Staff will be required to assemble the necessary components to ensure that this program becomes operational within a compressed timeframe. If authorized to offer the Seniors & Disabled Snow Clearing program for the 2009-2010 winter season staff respectfully request that Council concur with staff decision that all cut-off dates, closing dates and stated requirements be firm. No exceptions to be made for late applications/missed cut-offs or other unforeseen events. 1.5 Operations Staff propose the following time lines for the reinstatement of the Seniors & Disabled Snow Clearing Program for the 2009-2010 Winter Season. Date Action November 9, 2009 Council approval November 10, 2009 . Operations staff to send letter and application to previously registered residents for inclusion in the 2009-2010 program November 11, 2009 . Advertisement for program appears in local papers . Notice of program posted to www.clarinqton.net . Notice posted to board at front desk December 4, 2009 . Cut-off for application January 1, 2010 . Program start date 1.6 It is anticipated that there will be in excess of 800 locations requiring assistance once the list of participants is compiled. Residents previously receiving this service will be required to register for the program. Additions to the list will require a site visit by staff to determine eligibility, distance and location verification. With a cut off date of December 4, staff has allotted 3 weeks to complete site visits and prepare documentation to the contractor. Staff will make every effort to have this year's program commence January 1, 2010. 1.7 Council previously authorized a fee of $75.00 for the 2009-2010 season. Program participants will be advised that this fee is for a shortened program to run from January 2010 to April 2010. Therefore, it is recommended that a fee more reflective of a full season of use be reviewed and established for following years. Those persons wishing to register for this year's program will be required to submit an application along with the requisite fee of $75.00. All applicants who were approved last winter will receive a 2009 - 2010 application in the mail. All applicants must reapply each winter season and must provide the appropriate documentation along with their fee for this service. REPORT NO.: COD-062-09 PAGE 4 1.8 To be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family dwelling which fronts onto a town street in the specified urban areas of the specified hamlets and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a photo copy of a birth certificate or Senior Citizens Card the first year only; physically disabled applicants must provide a doctor's certificate each year; and permanently disabled must provide one doctor's certificate stating your permanent disability which will be kept on file. 1.9 The snow clearing service on municipal sidewalks will start after a snow fall ends and only when there is more than 1 inch (2.5 cm) of snow on sidewalks. The resident/homeowner must provide material (sand or salt) on the sidewalk as needed. The driveway windrow snow clearing service will not be undertaken until the snow ploughing on all Municipal streets has been completed. Please note that contractors are not called out for 6 inches (15 cm) or less for windrows. 2. ANALYSIS 2.1 The low compliant bid was submitted by Birds Property Management and Grounds Control, Hampton, Ontario. 2.3 The references for Birds Property Management and Grounds Control have been contacted and are satisfactory. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 3. FINANCIAL IMPLICATIONS 3.1 The total funds required for Tender CL2009-43 Seniors & Physically Disabled Sidewalk & Windrow Snow Clearing Services Revised are included in the Operations Department Annual Operating Budget(s). 3.2 For the information of Council, the unit cost to remove snow for the seniors and physically disabled has decreased approximately by 40.0% from the previous year. REPORT NO.: COD-062-09 PAGE 5 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from Birds Property Management and Grounds Control, Hampton, Ontario be recommended for the contract for Tender CL2009-43 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator Attachments: Attachment 1 - Schedule "A", Bid Summary REPORT NO.: COD-062-09 PAGE 6 Schedule "A" Bid Summary Tender CL2009-43 BIDDER SECTION 1 SECTION 2 SECTION 3 SECTION 4 Courtice Bowmanville Newcastle Surrounding TOTAL BID TOTAL BID TOTAL BID Areas (GST Excluded) (GST Excluded) (GST Excluded) TOTAL BID (GST Excluded) Bird's Property $17,928.00 $35,172.00 $5,778.40 $5,202.40 Management Hampton, ON BJ Flint & Sons $35,760.00 $67,720.00 no bid no bid Bowmanville, ON Luxton Construction $55,360.00 no bid no bid no bid Bowmanville, ON Tom's Landscaping $97,400.00 $263,276.00 $47,290.00 $159,296.00 Bowmanville, ON Consulting and Trade $175,600.00 $347,400.00 $66,720.00 $104,980.00 Services Ltd. Bowmanville, ON JRC Groundskeeping no bid no bid $107,820.00 no bid Bowmanville, ON Carelton Property no bid $3,778.002.40 $603,000.00 no bid Management Bowmanville, ON SUMMARY OF BY-LAWS November 9, 2009 BY-LAWS 2009-150 Being a By-law to adopt Amendment No. 68, to the Clarington Official Plan (Item 2 of Report #1 ) 2009-151 Being a By-law to being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Courtice Homestead Land Corporation) (Item 2 of Report #1 ) 2009-152 Being a By-law to authorize entering into an Agreement with the Owner(s) of Draft Plan of Subdivision S-C-2007-0002, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2007-0002 (Item 2 of Report #1 ) 2009-153 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Arnot Wotton) (Item 4 of Report #1) 2009-154 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and HN Construction Limited, Toronto, Ontario, to enter into agreement for the Renovations to the Garnet B. Rickard Recreation Complex/Community Care Durham lease space (Staff Report #1 - COD-065-09) 2009-155 Being a By-law to Repeal By-law 2006-107, being a by-law to authorize the use of vote by mail and automated vote counting equipment at Municipal Elections (Approved by Council on October 26,2009) HANDOUTS/CIRCULA TIONS COUNCIL