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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: th ? 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. ? 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: ? The Clarington Older Adult Association (COAA) will be holding a Remembrance Day Service at the Beech Centre on November 10, 2009. ? On Wednesday, November 11, 2009, a Remembrance Day Service will be held at the Cenotaph in Bowmanville. ? 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. ? The Annual Bowmanville Tree Lighting Ceremony will take place on December 4, 2009. Councillor Woo announced the following: ? 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. ? On Saturday, November 7, 2009, he, along with Councillors Novak and th 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: ? 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. ? 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" :' U ERK