HomeMy WebLinkAbout11/09/2009
Council Meeting Minutes
November 9, 2009
Minutes of a regular meeting of Council held on November 9, 2009, at 7:00 p.m., in
the Council Chambers.
Councillor Foster led the meeting in prayer.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Sapper Steven Marshall and Lieutenant Justin Boyes, Canadian soldiers killed in
action.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Deputy Fire Chief, M. Berney, attended until 8:39 p.m.
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana, attended until 8:39 p.m.
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon, attended until 8:39 p.m.
Director of Corporate Services and Human Resources, M. Marano,
attended until 8:39 p.m.
Solicitor, D. Hefferon
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 8:39 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Councillor Novak announced the following:
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She attended the 10 Anniversary of Veridian Corporation, on behalf of the
Municipality, at Veridian’s Head Office in Ajax on November 5, 2009. She
noted staff and Board Members were extremely cordial.
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She also attended the Clarington Older Adult Association (COAA) Annual
Fundraising Auction on Thursday, November 5, 2009.
Council Meeting Minutes - 2 - November 9, 2009
Councillor Hooper announced the following:
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The Clarington Older Adult Association (COAA) will be holding a
Remembrance Day Service at the Beech Centre on November 10, 2009.
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On Wednesday, November 11, 2009, a Remembrance Day Service will be held
at the Cenotaph in Bowmanville.
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The Holiday Train will be arriving at the CP Rail Crossing on Scugog Street on
November 30, 2009, at 6:45 p.m. Councillor Hooper extended appreciation to
Jennifer Cooke and a private citizen for organizing this event.
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The Annual Bowmanville Tree Lighting Ceremony will take place on
December 4, 2009.
Councillor Woo announced the following:
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On Thursday, November 5, 2009, he attended the initial Kick-off for the MADD
Durham Red Ribbon Campaign held at Mosport Speedway. He noted the
event was well attended but noted however, that the public are still not getting
the message and are driving with alcohol levels over the legal limit.
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On Saturday, November 7, 2009, he, along with Councillors Novak and
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Hooper, attended the 12 Annual Big Brothers and Big Sisters of Clarington
Annual Gala. This year’s theme was “Dancing with the Stars” and funds raised
go towards helping to mentor little brothers and sisters in the community.
Mayor Abernethy announced the following:
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There will be a Special General Purpose and Administration Committee
meeting on November 20, 2009, to review a Verbal Report from the Director of
Finance/Treasurer regarding the 2010 Municipal Budget.
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On Friday, November 6, 2009, Dr. Ronald Bordessa, President and Vice-
Chancellor, University of Ontario Institute of Technology (UOIT), and
Don Lovisa, President, Durham College, attended a meeting of the Committee
to Attract Higher Education to Clarington to provide an update on future growth
plans. Mr. Bordessa advised that UOIT intends to expand their health sciences
and research programs and are looking at a location in Clarington to
accommodate a joint lab training and research partnership with Lakeridge
Health Corporation and Holburn Biomedical Corporation.
Council Meeting Minutes - 3 - November 9, 2009
MINUTES
Resolution #C-636-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on October 26, 2009, be
approved.
“CARRIED”
Resolution #C-637-09
Moved by Councillor Trim, seconded by Councillor Foster
THAT the Rules of Procedure be suspended to add Staff Report #3 – Verbal Report of
the Solicitor regarding a Legal Matter to the Agenda.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Tom Worden addressed Council concerning Staff Report #2 - 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. Mr. Worden
stated he is one of the executors of the Worden Estate and that the home has been
owned by the Worden family since it was constructed 150 years ago. Mr. Worden
advised the home has been unoccupied for the last 2½ years and has been for sale
for 1½ years but that no offers to purchase have been received. Mr. Worden
expressed concern that as of tomorrow, the insurance company will no longer provide
coverage on the property because it is vacant, leaving the executors of the estate
personally liable for any claims that may arise from the property. Mr. Worden
confirmed that he has sought legal advice but does not know what will happen if they
are not permitted to demolish the home and if the executors of the Estate resign. He
indicated that for these reasons, they have applied for a demolition permit. Mr.
Worden acknowledged they have met with staff and the Clarington Heritage
Committee to investigate alternatives, but ultimately staff has recommended the
permit be processed and approved. Mr. Worden summarized by stating that he
appreciates the work of the Heritage Committee but that in this situation he feels the
only reasonable resolution to this serious problem is the one recommended to Council
by staff.
In response to a question, Mr. Worden confirmed that he would be willing to work with
a future developer to appropriately acknowledge the historical nature of the property.
Council Meeting Minutes - 4 - November 9, 2009
Hannu Halminen advised prior to the meeting that he would not be addressing
Council.
COMMUNICATIONS
Resolution #C-638-09
Moved by Councillor Trim, seconded by Councillor Woo
THAT the communications to be received for information be approved, with the
exception of Items I - 3, I - 4 and I - 13.
“CARRIED”
I - 1 Minutes of the Clarington Traffic Management Advisory Committee
dated September 17, 2009.
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 - 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.
Council Meeting Minutes - 5 - November 9, 2009
I - 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
GTA as excluded from the UAP and;
WHEREAS the September Consultation Report continues this
exclusion and;
WHEREAS most of the rural GTA 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;
Council Meeting Minutes - 6 - 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.”
I - 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.
I - 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.
Council Meeting Minutes - 7 - November 9, 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.
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;
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;
Council Meeting Minutes - 8 - November 9, 2009
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.”
Resolution # C-639-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT the resolution from the Region of Durham, with respect to Used Tire
Recycling Funding from Ontario Tire Stewardship (OTS), be endorsed.
“CARRIED”
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.
Resolution #C-640-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 4 from Cathleen Cogan Bird, Director of
Development, The Society for Educational Visits and Exchanges in Canada
(SEVEC), with respect to the “Youth Taking Action 2010” program, be referred
to staff.
“CARRIED”
Council Meeting Minutes - 9 - 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.
Resolution #C-641-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item I - 13 from the Ministry of Municipal Affairs and
Housing and Member Communication of the Association of Municipalities of
Ontario (AMO), with respect to Bill 212, The Good Government Act, 2009, be
received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-642-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 5 be approved as per the agenda.
“CARRIED”
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.
(Approved issuance of the fireworks
permit)
Council Meeting Minutes - 10 - November 9, 2009
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.
(Correspondence referred 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.
(Correspondence referred 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.
(Correspondence referred to the
Municipal Clerk)
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.
(To be advised of actions taken with
respect to Report COD-062-09)
Council Meeting Minutes - 11 - November 9, 2009
D - 6 Scott Russell, Student, Durham College Police Foundations Program,
advising as part of the curriculum, students in his program 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.
Resolution #C-643-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Correspondence Item D - 6 from Scott Russell, Student, Durham College
Police Foundations Program, with respect to the project to deter youth crime in
the Clarington area, be referred to the Director of Engineering Services; and
THAT the Director of Engineering Services investigate the issue of tagging also.
“CARRIED”
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.
Council Meeting Minutes - 12 - November 9, 2009
Resolution #C-644-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D - 7 from Michelle Crabb, President, Mothers
Against Drunk Driving (MADD) Durham Region, requesting support of
“Campaign 911”, be referred to staff to consider the availability of any in-house
assistance.
“CARRIED”
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
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
Council Meeting Minutes - 13 - November 9, 2009
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.”
Resolution #C-645-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the resolution from the Corporation of the County of Perth, with respect to
Residential-Farmland Property Tax Concerns, be endorsed.
“CARRIED”
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;
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.”
Council Meeting Minutes - 14 - November 9, 2009
Resolution #C-646-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the Township of Wainfleet, with respect to Ministry of
Natural Resources Provincially Significant Wetlands, be received for
information.
“CARRIED”
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.
Resolution #C-647-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Correspondence Item D – 10 from Mayor Victor Fedeli, City of North Bay,
requesting support of the Mayor to Mayor Letter-Writing Campaign with respect
to the restrictions of the U.S. “Buy American” provision, be received for
information.
“MOTION LOST”
Resolution #C-648-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item D - 10 from Mayor Victor Fedeli, City of North Bay,
requesting support of the Mayor to Mayor Letter-Writing Campaign with respect
to the restrictions of the U.S. “Buy American” provision, be endorsed.
“CARRIED”
Council Meeting Minutes - 15 - November 9, 2009
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.
Resolution #C-649-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 11 from 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, be
referred to staff for consideration at the Special General Purpose and
Administration Committee meeting to be held on November 20, 2009,
concerning the 2010 Budget.
“CARRIED”
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;
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.”
Council Meeting Minutes - 16 - November 9, 2009
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.
Resolution #C-650-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the resolution from the Agricultural Advisory Committee of Clarington,
with respect to the Homegrown Ontario resolution pertaining to the promotion
and sale of Ontario produced agricultural products, be endorsed.
“CARRIED”
D - 13 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.
Resolution #C-651-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Correspondence D – 13 from Rick Forsey, Teacher, Sinclair Secondary
School, with respect to the world record for the largest guitar ensemble, be
received for information.
“CARRIED”
D - 14 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.
Council Meeting Minutes - 17 - November 9, 2009
Resolution #C-652-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D - 14 from Tony Wood, Chairman, Good
Neighbour Committee, with respect to the request for financial assistance for
Kim Jobe and Ross Dalgleish, be referred to staff.
“CARRIED”
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;
Council Meeting Minutes - 18 - November 9, 2009
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 CO2 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;
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.”
Resolution #C-653-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the Township of Frontenac Islands, with respect to
closing of Prison Farms in New Brunswick, Ontario, Manitoba, Saskatchewan
and Alberta, be received for information.
“CARRIED”
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.
Resolution #C-654-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item D - 16 from Marie Hammond, Treasurer,
Bowmanville Santa Claus Parade Committee, requesting deferral of Municipal
service charges for the 2009 Bowmanville Santa Claus Parade, be endorsed.
“MOTION WITHDRAWN”
Council Meeting Minutes - 19 - November 9, 2009
Resolution #C-655-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D - 16 from Marie Hammond, Treasurer,
Bowmanville Santa Claus Parade Committee, requesting deferral of Municipal
service charges for the 2009 Bowmanville Santa Claus Parade, be referred to
staff.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report November 2,
2009.
Resolution #C-656-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of November 2,
2009, be approved, with the exception of Items #5, and #9.
“CARRIED”
Item 5
Resolution #C-657-09
Moved by Councillor Hooper, seconded by Councillor Foster
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.
“CARRIED”
Council Meeting Minutes - 20 - November 9, 2009
Item #9
Resolution #C-658-09
Moved by Councillor Novak, seconded by Councillor Hooper
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.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
STAFF REPORTS
Resolution #C-659-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-065-09 be received;
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;
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;
Council Meeting Minutes - 21 - November 9, 2009
THAT the budget funds not required in the amount of $140,504.00 be returned to the
General Municipal Purposes Reserve Fund; and
THAT the By-law marked Schedule “A” attached to Report COD-065-09 authorizing
the Mayor and the Clerk to Execute the necessary agreement be approved.
“CARRIED”
Resolution #C-660-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-106-09 be received;
THAT the stone house located at 1592 Prestonvale Road, be removed from the
Municipal Register of properties of cultural heritage value or interest;
THAT staff be authorized to issue the permit to demolish the building; and
THAT all interested parties listed in Report PSD-106-09 and any delegation be
advised of Council’s direction.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Resolution #C-661-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Staff Report #3 - Verbal Report of the Solicitor concerning a Legal Matter, be
referred to a closed session of Council at the end of the Agenda.
“CARRIED”
Council Meeting Minutes - 22 - November 9, 2009
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion considered under this
Section of the Agenda.
UNFINISHED BUSINESS
Resolution #C-662-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the recommendations contained in Report COD-062-09, as amended, be lifted
from the table.
“CARRIED”
Resolution #C-663-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT the Rules of Procedure be suspended to allow for reconsideration of the $75
annual administrative fee for the 2009/2010 Senior and Physically Disabled Sidewalk/
Windrow Snow Clearing Service.
“CARRIED”
Resolution #C-664-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT the annual administrative fee for the 2009/2010 Senior and Physically Disabled
Sidewalk/Windrow Snow Clearing Service be set at $60 per registered property.
“CARRIED”
Resolution #C-665-09
Moved by Councillor Robinson, seconded by Councillor Novak
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;
Council Meeting Minutes - 23 - November 9, 2009
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)
“CARRIED AS AMENDED”
(See following motions)
Resolution #C-666-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the foregoing resolution #C-665-09 be amended such that exceptions to all cut-
off dates, closing dates and stated requirements be permitted on an extreme
compassionate basis only.
“CARRIED”
Resolution #C-667-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the foregoing resolution #C-665-09 be further amended to ensure that all
advertising for the Seniors and Disabled Snow Clearing Program references the year
2010 only.
“CARRIED”
Resolution #C-665-09 was then put to a vote and CARRIED AS AMENDED.
BY-LAWS
Resolution #C-668-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-150 to 2009-155 inclusive;
2009-150 Being a By-law to adopt Amendment No. 68, to the Clarington
Official Plan
Council Meeting Minutes - 24 - November 9, 2009
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)
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
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)
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
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; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Councillor Trim expressed concern regarding a drainage situation in the Hamlet of
Kendal. He is concerned that the matter has not been resolved and that the situation
will continue into the spring and that the homeowners will be faced with flooding as in
the past. The Director of Engineering Services commented that staff have been on-
site and are working on a solution and that he is meeting with a consulting engineer to
pursue ideas and perform field work. He hopes to report back with an interim and
long-term solution to address drainage in Kendal. Councillor Trim requested the
Director of Engineering Services to research drainage issues on Regional Road #9
from the Way residence to Regional Road #18 noting the drainage issue has
intensified in the last two years since the house across from the Way residence has
been built. Councillor Trim requested that the Director of Engineering Services
respond to this issue on a priority basis.
Council Meeting Minutes - 25 - November 9, 2009
Members of Council discussed the fees charged to Community Groups for services
provided for special events, for both past and upcoming community events. The Chief
Administrative Officer was requested to provide a detailed report on the cost
breakdown of special events charged to community groups.
Resolution #C-669-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of a matter that deals with litigation or potential
litigation, including matters before administrative tribunals, affecting the municipality or
local board.
"CARRIED"
The meeting resumed in open session at 9:59 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 one resolution was passed to
provide direction to staff.
CONFIRMING BY-LAW
Resolution #C-670-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-156, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 9~h day of November, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-671-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting adjourn at 10:00 p.m.
MA
"CARRIED"
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