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HomeMy WebLinkAbout12/14/2009 Council Meeting Minutes DECEMBER 14, 2009 Minutes of a regular meeting of Council held on December 14, 2009, at 7:06 p.m., in the Council Chambers. Councillor Robinson led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 8:28 p.m. Director of Community Services, J. Caruana, attended until 8:28 p.m. Director of Planning Services, D. Crome, attended until 8:35 p.m. Solicitor, D. Hefferon, attended until 8:35 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 8:28 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:28 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:28 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:28 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Item 19 of Report #1. ANNOUNCEMENTS Councillor Novak advised that she, along with Councillors Foster and Hooper represented the Municipality at the Central Lake Ontario Conservation Authority Watershed Awards and displayed the plaque the municipality received at the last awards ceremony. Councillor Novak also expressed appreciation to the Region of Durham for work completed on the Courtice Road Bridge which is now open to traffic. Council Meeting Minutes - 2 - December 14, 2009 Councillor Hooper announced the following: ? The Lions Club of Bowmanville and the Clarington Older Adult Association held a Holiday Open House on Sunday, December 13, 2009, with special guests from the Bowmanville Zoo. Donations to the Clarington Food Banks were generously given. ? Councillor Hooper issued a reminder that the Olympic Torch will be passing through Clarington on Wednesday, December 16, 2009. MINUTES Resolution #C-699-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on November 23, 2009, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Giuseppe Braccia addressed Council concerning Correspondence Item D - 3 - Situation on Trulls Road at Mitchell’s Corners. Mr. Braccia stated he has resided on Trulls Road for 30 years and the traffic has increased drastically over the years. He advised that concerned citizens would like to have the ditches filled in and storm sewers and a sidewalk constructed to address safety concerns for residents and children who walk or wait for the school bus on Trulls Road. Bob Kreasul addressed Council concerning Correspondence Item D - 14 - Maintenance of Port Darlington Marina Channel expressing concern that there is a severe lack of dredging in the channel and that it is very shallow and needs attention. Mr. Kreasul stated that boaters and charters generate substantial revenue for the local economy and he feels it is important for the marina to put their best foot forward. He noted that 99% of boats would run aground if the operators were not familiar with the local area. Mr. Kreasul indicated that the channel has been dredged in the past with costs paid by Port Darlington Marina and Wiggers Custom Yachts but that it is his understanding the municipality is responsible to maintain the channel. He stated that the cost to conduct the work, based on a recent estimate, would be approximately $40,000 and suggested that cost-sharing arrangements could be investigated with Wiggers Custom Yachts and the Port Darlington Marina. Council Meeting Minutes - 3 - December 14, 2009 Kythe Baldwin, Ice Convener and Scott Turner, Treasurer, Newcastle Village Minor Hockey Association, addressed Council concerning Correspondence Item D - 12 - Shortfall of Ice Time in Newcastle. Mr. Baldwin stated the Association’s executive currently supports 318 children ranging in ages from 4 to 16 years of age and is comprised of 2 mites’ teams, 13 house league teams, 5 representative teams, 2 AE teams and 1 select team. He stated currently 28 hours per week are dedicated to house league divisions and 18 hours of ice time per week is required for the REP/AE teams. Mr. Baldwin stated the league was provided with 34 hours of ice for the current season which is a substantial difference from the 46 hours of ice that are required as a minimum to field the teams responsibly. He advised that to compensate for the lack of ice time, the midget house league teams are doubled up as they receive only one ice time per week for games. Mr. Baldwin expressed concern that the league is forced to seek ice time in other municipalities, if available, and that the league was not permitted to book time at South Courtice Arena until local demands were met, even though the Village of Newcastle is part of the Municipality of Clarington. Mr. Baldwin provided statistics on projected population increases and the need for another facility. He acknowledged that planning for a new facility is underway and takes time to build but requested that the concerns of the Newcastle Minor Hockey Association be addressed and that the construction of a new facility begin. Richard Ward addressed Council concerning Item 5 of Report #1 - Report PSD-116-09 - Amendment to Application Fees By-Law Planning and Development Applications. Mr. Ward stated that in 1996 he requested a commercial designation on his property which was denied without a plausible explanation. He expressed concern with the proposed fees, noting the fees he would have to pay for his property would be the same as a developer building a 500 house subdivision despite the fact that commercial development does not require services other than sewer and water and the revenues produced by the commercial/industrial and institutional sectors are significant and would offset the residential portion of the tax levy. Mr. Ward indicated that he did not have an issue with the Zoning By-law amendment fees. Tony Wood addressed Council concerning Item 10 of Report #1 - Request of Mr. Tony Wood for Tornado Finance Assistance. Mr. Wood stated two years ago his neighbours invested all their money and purchased their dream property to house their horses and cattle. Unfortunately, a tornado ripped through the property destroying it and as a tornado is a natural disaster, the insurance provides only 50% of the property’s value. Mr. Wood advised to rebuild a property requires numerous permits, controls, certificates and quotes which can become quite confusing and costly. He advised in order to assist their neighbours a Committee was formed to help guide them through the process. The Committee has arranged for quotes, worked with the building department and obtained donations of labour and materials. Mr. Wood acknowledged that legislation dictates that building permit fees must be collected but requested Council to assist with respect to the burden of fees. Council Meeting Minutes - 4 - December 14, 2009 COMMUNICATIONS Resolution #C-700-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 1, I - 9, I - 10, I - 11 and I - 14. “CARRIED” I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 15, 2009 I - 3 Minutes of the Durham Nuclear Health Committee dated November 20, 2009 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated November 17, 2009 I - 5 Veronica Luton, expressing concern with the $60 administrative fee for the Senior/Disabled Sidewalk Windrow Snowclearing Program; advising she and her husband were unaware the program was before Council for discussion as they do not receive the local newspaper; and, indicating that with all the increases they have been faced with on their fixed income, they will not be participating in this year’s program. I - 6 Bob Malcolmson, CEO and General Manager, Greater Oshawa Chamber of Commerce, forwarding correspondence he sent to Prime Minister Steven Harper and Premier Dalton McGuinty expressing concern that Ontario’s delay in its decision on the Darlington Nuclear facility has crippled Canada’s prospects for selling its technologies abroad; stressing the effects are much broader than just the challenge in selling reactors and affects the credibility of 150 Canadian companies; expressing concern that foreign firms have already commenced hiring some of the best from the Canadian Nuclear Energy Industry; and, urging the Federal and Provincial governments to support Canada’s potential for greatness and not to delay these decisions any longer. I - 7 Mayor David Miller, City of Toronto, Chair, C40 Large Cities Climate Leadership Group, an organization of the world’s largest cities committed to tackling climate change, advising more than 100 cities from around the world will showcase their major initiatives to reduce greenhouse gas emissions in Denmark at the Copenhagen Summit for Mayors taking place from December 14 to December 17, 2009; Council Meeting Minutes - 5 - December 14, 2009 forwarding a copy of the submission of the Environmental Integrity Group (EIG), an alliance of Switzerland, the Republic of Korea, Mexico, Monaco and Liechtenstein, highlighting the valuable role cities are playing in the fight against climate change and suggesting key recommendations; and, urging Council to write to the Prime Minister requesting the Federal Government to support the EIG proposal in Copenhagen. I - 8 Lionel P. Hart, criticizing Council on their decision to implement a $60 administration fee on the Seniors/Disabled Snowclearing Services as many of Clarington’s seniors who require the service are widows, veteran’s widows and widowers who have paid taxes to the municipality for over fifty years and who live on fixed incomes and this fee will further strain their limited budgets. I - 12 P. M. Madill, Regional Clerk, Region of Durham, writing to Victor Doyle, Ministry of Municipal Affairs & Housing, advising that on November 25, 2009, Regional Council adopted the following resolution pertaining to further delegation of approval authority to approve area Municipal Official Plan Amendments adopted under Section 26 of the Planning Act: “a) THAT the Regional Solicitor be instructed to prepare the necessary by-law to amend By-law 17-98 to permit the Regional Commissioner of Planning to approve area municipal official plan amendments adopted under section 26 of the Planning Act; b) THAT the above-referenced by-law be passed by Council at its meeting on November 25, 2009; and c) THAT a copy of Report #2009-P-74 of the Commissioner of Planning be forwarded to the Area Municipalities and the Ministry of Municipal Affairs and Housing for their information.” I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on November 25, 2009, Regional Council adopted the following resolution pertaining to the 2010 Solid Waste Management Servicing and Financing Study: "Regional Solid Waste Management 70% Diversion Plan a) THAT the Joint Works and Finance and Administration Committee recommend the following in support of the Regional waste diversion program, based upon the Council approved Property Tax Guideline of a 0.1% tax impact (estimated at $37.4 million) approved for the 2010 Solid Waste Management Business Plan and Budget: Council Meeting Minutes - 6 - December 14, 2009 i) Leaf and yard waste collections in the Townships of Brock, Scugog and Uxbridge be increased to 24 stops per year, consistent with other municipalities, at an additional cost not to exceed $0.2 million to the existing contract, and to be financed within the 2010 and future Solid Waste Management Operations Budgets; ii) Regional Works and Finance staff be authorized to develop and implement a Blue Box Bin distribution plan which makes additional Blue Box containers available to residents at a net program cost not to exceed $0.5 million to be financed within the Solid Waste Management Budget and provided the Provincial subsidy as noted in recommendation iii) below; iii) Regional Works and Finance staff be authorized to apply for, and if successful, enter into applicable agreements to receive up to $1 million of Provincial subsidy from the Continuous Improvement Fund under the Waste Diversion Ontario (WDO), Blue Box Program Plan to develop and implement a Blue Box Bin distribution plan in Durham Region; iv) Regional Works and Finance staff be authorized to plan and implement, in consultation with the eight local area municipalities, up to four new special waste events in support of increased diversion of Municipal Hazardous Solid Waste (MHSW) and Waste Electronics and Electrical Equipment (WEEE); v) Regional Works and Finance staff be authorized to plan and launch two pilot studies at a total cost not to exceed $0.2 million in order to provide for an assessment of the diversion potential from offering polystyrene and mattress and upholstery recycling programs at the Region’s Waste Management facilities (WMFs), with related business plans to be presented to Joint Works and Finance Committee for 2011 Business Planning purposes; vi) Regional Works and Finance staff be authorized to investigate potential implementation plans, infrastructure and other implications of reuse programs and eco-stations proposed as part of the 70% Diversion Plan, including potential for the development of community partnerships with various agencies that could make such programs a success within Durham Region, at a cost not to exceed $0.1 million, with related business plans to be presented to Joint Works and Finance Committee for 2011 Business Planning purposes; Council Meeting Minutes - 7 - December 14, 2009 Regional Solid Waste Management Fees and Charges b) THAT the Regional Fees and Charges schedule for 2010 Solid Waste Management Operations, as per Attachment #1 to Report No. 2009-J-44 of the Commissioners of Finance and Works, be approved and form a part of the annual Regional listing of Fees and Charges made available to thepublic, with 2010 fees and charges amended in 2010 to reflect tire loads accepted free of charge where they are isolated from other materials, as noted in Report 2009-WR-13 and based upon the new Provincial funding and tire recycling policy; Other c) THAT Regional Works and Finance staff be authorized to conduct a detailed review of the Minister of the Environment’s Report on the Waste Diversion Act 2002 Review titled, 'From Waste to Worth: The Role of Waste Diversion in the Green Economy' and report back with specific comments in December 2009 to enable the Regional Municipality of Durham to meet the Minister’s January 11, 2010 comment deadline; d) THAT approval be granted to extend the existing consulting assignment with Jacques Whitford Stantec Limited, as assigned, in the estimated gross amount of $1,000,000 for 2009, with funding from within the approved 2009 EFW project budget, and cost shared with the Region of York, to fund the balance of the EFW Environmental Assessment (EA) process, including the recent and unanticipated Ministry of the Environment referral of consultation responses back to the Regions for processing; e) THAT the proposed Solid Waste Management 2010 Holiday Collection Schedules within Attachment #2 to Report No. 2009- J-44 be received for information; f) THAT the Regional Solicitor be authorized to prepare the requisite By-laws and Agreements and the Regional Clerk and Regional Chair be authorized to execute subject by-laws and agreements; and g) THAT copies of Report No. 2009-J-44 be forwarded to the Region’s eight Local Area Municipalities." Council Meeting Minutes - 8 - December 14, 2009 I - 15 C. R. Curtis, Commissioner of Works, Region of Durham forwarding the prescribed timelines for the Durham/York Residual Waste Study per Ontario Regulation 616/98 and highlighting the total approved budget for the energy-from-waste Environmental Assessment including commitments and expenditures to date. I - 16 Association of Municipalities of Ontario Member Communication dated November 30, 2009, advising that the Ministry of the Environment has implemented changes to lead sampling requirements in municipal drinking water systems, schools and day nurseries to introduce an exemption for municipal drinking water systems serving under 50,000 people if the system is already doing reduced sampling, if the system has been granted sampling relief by the Ministry, or if not more than ten per cent of plumbing samples over a complete year of sampling have exceeded the standards. Further information is available by contacting the Ministry of the Environment’s Public Information Centre at 1-800-565-4923 or picemail.moe@ontario.ca. I - 17 Bruce Pearce, Chair, Land Use Council (LUC), writing to the Honourable Donna Cansfield, Minister of Natural Resources requesting that Minister Canfield intervene on behalf of a private land owner whose property continues to be embargoed against development as a result of the Ottonabee Regional Conservation Authority’s (ORCA) refusal to allow issuance of municipal building permits; expressing concern with duplication, inflated costs of multi- level planning, the impact of Conservation Authority fees and escalating Conservation Authority municipal services charges on housing prices; and, requesting the Minister’s full and public endorsement of a transparently independent investigation into local tensions, ballooning costs and failed public relations now attributed to some Conservation Authorities in Ontario. I - 18 Major Roland Murphy, Community and Family Service’s Coordinator, The Salvation Army Bowmanville, expressing appreciation on behalf of the Food Banks in Clarington, for raising awareness of the needs in this area and for the food and monetary donations their food bank received through the Holiday Train event this year. I - 19 Evaline Cook expressing concern with the $60 fee for the Senior/Disabled Snowclearing program in view of the high taxes residents already pay and questioning how elderly residents who are on fixed incomes will be able to pay this fee. I - 1 Minutes of the Clarington Living Green Community Advisory Committee dated June 23 and September 22, 2009 Council Meeting Minutes - 9 - December 14, 2009 Resolution #C-701-09 Moved by Councillor Woo, seconded by Councillor Foster THAT the minutes of the Clarington Living Green Community Advisory Committee dated June 23 and September 22, 2009, be received for information; and THAT Jenna Dunlop, Policy and Research Advisor, Durham Region Roundtable on Climate Change, Region of Durham, be invited to address Council in April or May, 2010, with respect to global warming. “CARRIED” I - 9 Marie-Michèle Laferrière, Manager of Programs and Outreach, Forum for Young Canadians, advising applications for the Forum for Young Canadians, a week-long program for young Canadians to be introduced to national democratic institutions and decision making, are currently being accepted for the 2010 sessions; providing information on participation costs, the selection process and criteria; and, highlighting the benefits for Clarington to send a youth representative to the Forum for Young Canadians. Resolution #C-702-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I - 9 from Marie-Michèle Laferrière, Manager of Programs and Outreach, Forum for Young Canadians, regarding the 2010 Forum for Young Canadians Program, be received for information; and THAT the information be posted on the Municipal website. “CARRIED” I - 10 Mayor Brian McMullan, City of St. Catharines, expressing support for the Private Members Bill introduced by Welland MP Malcolm Allen requesting that the Royal Canadian Legion be exempt from GST on the purchase of red lapel poppies and forwarding correspondence to Prime Minister Stephen Harper urging the Federal Government to support veterans, their families and the Royal Canadian Legion by removing the 5% GST charged on poppies. Council Meeting Minutes - 10 - December 14, 2009 Resolution #C-703-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Private Members Bill introduced by Welland MP Malcolm Allen requesting that the Royal Canadian Legion be exempt from GST on the purchase of red lapel poppies, be endorsed. “CARRIED” I - 11 Stan Kinsman, CEO, Managing Director, Renewable Energy Management Inc., forwarding a Notice of Commencement of an Environmental Screening under the Environmental Assessment Act for the construction of a Material Recycling and Advanced Conversion Gasification Facility in Wesleyville, Ontario and requesting to be advised if the municipality would like to continue to receive information regarding this project as Clarington has been identified as potentially having an interest pertaining to this Study Area. Resolution #C-704-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Stan Kinsman, CEO, Managing Director, Renewable Energy Management Inc., be advised that the Municipality of Clarington is interested in receiving information on the Material Recycling and Advanced Conversion Gasification Facility in Wesleyville. “CARRIED” I - 14 Rob Messervey, Chief Administrative Officer, Kawartha Conservation, forwarding their 2010 Preliminary Budget for Council review outlining the conservation programs and projects and associated funding requirements from their watershed municipalities. Resolution #C-705-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the 2010 Kawartha Conservation Preliminary Budget be supported and forwarded to the Region of Durham. “CARRIED” Council Meeting Minutes - 11 - December 14, 2009 CORRESPONDENCE FOR DIRECTION Correspondence Item D - 16 was received as a hand out. Resolution #C-706-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 6 be approved as per the agenda. “CARRIED” D - 1 Mike and Carmen Gazo, Owners, Perfect Party Inc., requesting permission to sell Family Fireworks year-round in their retail store; advising it is their intention to adhere to the provisions of both the local by-law and federal regulations regarding the sale of Family Fireworks and to provide a safe means by which fireworks can be purchased; and, respectfully requesting that the matter be dealt with expeditiously to allow them to sell Family Fireworks for the upcoming New Years Eve celebrations, if approved. (Correspondence referred to the Director of Emergency and Fire Services and the Municipal Clerk) D - 2 David Clark, Executive Vice President, Corporate Services and CFO, Veridian Connections Inc., requesting Council to approve and execute an inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank confirming that promissory notes held by the shareholders are subordinated to the bank loans advanced to Veridian; indicating that an inter-creditor agreement was previously in place with shareholders when Veridian borrowed funds from the Bank of Nova Scotia between 2001 and 2006; and, advising that aside from changes and amendments requested by the shareholders’ Directors of Finance, this agreement, drafted by Veridian’s Solicitor, is the same as the previous agreement with the Bank of Nova Scotia. (Execution of the inter-creditor agreement approved and the appropriate by-law be passed) Council Meeting Minutes - 12 - December 14, 2009 D - 3 Betty Massey advising of a situation on Trull’s Road at Mitchell’s Corners where people walking along the road are forced to use the travelled portion of the road as there is not enough shoulder area; indicating that recently several people have had to jump into the ditches to avoid being hit by oncoming traffic; and, suggesting that the ditches be filled in either with or without storm sewers to address this safety concern. (Correspondence referred to the Director of Engineering Services and the Director of Operations) D - 4 Michael Chan, Minister of Citizenship and Immigration inviting participation in Ontario’s Volunteer Recognition Programs for 2010 including the Volunteer Service Awards (VSA) in recognition of continuous years of service with a community organization, the June Callwood Outstanding Achievement Award (JCOAA) awarded for superlative volunteer work undertaken by individuals, groups or businesses, and the Ontario Medal for Young Volunteers (OMYV) presented to outstanding young volunteers between the ages of 15 and 24; and, indicating nomination forms and additional information on each program is available on the Ministry of Citizen and Immigration website at www.citizenship.gov.on.ca/english/honours. (Municipal Clerk place information on the Municipal Website) D - 5 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism, advising of the establishment of the Paul Yuzyk Award for Multiculturalism acknowledging and honouring individuals who have made exceptional contributions to multiculturalism and diversity and including a $20,000 grant to be given to an eligible, registered not-for-profit Canadian organization or association of the recipient’s choice. Nominations are being accepted until March 1, 2010. Further details are available at www.cic.gc.ca/paulyuzyk. (Municipal Clerk place information on the Municipal Website) D - 6 Joanne McFarland, Clarington Polar Bear Swim Organizer, requesting approval for members of Clarington Fire Station 2 to th attend the 10 Annual Clarington Polar Bear Swim to raise awareness of the urgent need of organ and tissue donations and to raise awareness and support for liver disease research. Last year, $9,000 was presented to The Hospital for Sick Children with a grand total of $30,000 raised in five years. (Request approved) Council Meeting Minutes - 13 - December 14, 2009 D - 7 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, (AACC) indicating the AACC has reconsidered their motion passed in January regarding half-loads and on November 12, 2009, endorsed the following resolution: “WHEREAS the Highway Traffic Act of the Province of Ontario in Section 122 sets out the weight restrictions for reduced load periods and the exceptions to this restrictions; and WHEREAS one of the exceptions is for vehicles used exclusively for the transportation of milk; and WHEREAS there are other perishable products that need to be transported onto and off of farms during the season when reduced load periods are in force; and WHEREAS the number of truck trips for these perishable products are limited by the amount of production capacity; and WHEREAS the Provincial government is supportive of the agricultural industry which is vital to the economy of Ontario, the local production of food and food security; NOW THEREFORE BE IT RESOLVED THAT we request the Highway Traffic Act, Section 122 be amended to include as an exception vehicles used for the transport of locally produced perishable food; AND FURTHER THAT this resolution be circulated to all members of the Association of Municipalities of Ontario for endorsement.” Resolution #C-707-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from Agricultural Advisory Committee of Clarington, with respect to an amendment to the Highway Traffic Act, be endorsed. “CARRIED” D - 8 The Township of Madawaska Valley advising Council that the Township of Madawaska Valley adopted the following resolution pertaining to property tax assessment: “WHEREAS every property owner in the Province of Ontario has received an updated Property Assessment Notice indicating their updated assessed value in the fall of 2008; and Council Meeting Minutes - 14 - December 14, 2009 AND WHEREAS the Government of Ontario has introduced Bill 187 on March 22, 2007 which has included changes including the change of the assessment cycle from an annual update to a four-year cycle for the years 2009, 2010, 2011 & 2012 based on a valuation dated of January 1, 2008; and AND WHEREAS the residential property owners in the Township of Madawaska Valley are seeing an average of 11.22% increase in their assessment (the second highest in Renfrew County including the separated Town of Pembroke) knowing that there has been a dramatic drop in the local real estate market; and AND WHEREAS under the roles, responsibilities and relationships identified by MPAC, it is up to the Province of Ontario to make any changes with regard to the legislation of assessments and the municipalities are only allowed to tax based on the assessment provided by the province; and NOW THEREFORE BE IT RESOLVED THAT the Township of Madawaska Valley hereby requests that the Province of Ontario change the legislation of assessment back to values of 2008, a more realistic value for property owners based on the current market and a more realistic value for a tax rate to be based on and also, back to a one year annual assessment better to react to a current real estate market; and FURTHER TO THIS, legislation be drafted to recognize the significant tax burden carried by those owners of waterfront properties who may be forced to sell their homes due to the unrealistic assessed value provided for their homes; and FURTHER TO THIS, this resolution is directed to Premier McGuinty, Minister of Revenue and all municipalities in the Province of Ontario.” Resolution #C-708-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Township of Madawaska Valley, with respect to property tax assessment, be received for information. “CARRIED” Council Meeting Minutes - 15 - December 14, 2009 D - 9 Sharon Watt, Federation of Canadian Municipalities (FCM) forwarding a copy of the following resolution adopted by FCM’s National Board of Directors pertaining to municipal leadership in climate change action calling on the Government of Canada to recognize and support municipal leadership and action in greenhouse gas reduction as part of Canada’s efforts to meet national or international climate change objectives: “WHEREAS a global reduction in the emissions of carbon dioxide (CO) and its significant contribution to the creation of greenhouse 2 gases (GHG) is necessary to slow climate change and reduce the risks to our economy, human health, the physical environment and quality of life; WHEREAS human activities have caused a dramatic increase in the amount of carbon dioxide (CO) in the earth’s atmosphere. Since the 2 mid 1700s, the concentration of CO has risen from about 280 parts 2 per million (ppm) to reach 387 ppm in 2009. This amount is likely the highest concentration in the atmosphere in the past 20 million years; WHEREAS evidence presented in the Intergovernmental Panel of Climate Change (IPCC) November 2007 report indicates that “Warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level” and “Most of the observed increase in global th average temperatures since the mid-20 century is very likely due to the observed increase in anthropogenic GHG concentrations. It is likely that there has been significant anthropogenic warming over the past 50 years averaged over each continent (except Antarctica).”; WHEREAS reducing greenhouse gases makes economic sense. New and improved infrastructure, renewable energy technologies, energy efficiency, energy conservation, waste reduction, building retrofits, transit, walking, cycling, water conservation, better fleet management, more effective wastewater treatment and distribution, etc., can reduce short-term and/or long-term municipal operating costs and help maintain community services, while having a positive impact on the environment; WHEREAS the impacts of climate change as well as the responsibility for mitigation will fall primarily on municipalities; WHEREAS municipalities are leaders among governments in Canada when it comes to making climate change a priority; Council Meeting Minutes - 16 - December 14, 2009 WHEREAS in December, national governments from around the world will meet in Copenhagen, Denmark to negotiate terms and conditions of a new global climate agreement; WHEREAS local community based emission reductions can be lower cost compared to many other approaches, while also providing important social, economic, and environmental benefits to citizens and businesses; WHEREAS mayors and municipal leaders responsible for the well- being of communities across Canada have urged federal and provincial/territorial governments to make climate protection a priority; WHEREAS the Federation of Canadian Municipalities (FCM) continues to support the 2005 World Mayors and Municipal Leaders Declaration on Climate Change committing municipal governments, each according to their individual circumstances and abilities, to reduce greenhouse gas emissions by 30 percent from 1990 levels by 2020 and by 80 percent by 2050; WHEREAS the FCM has climate change as a strategic priority and has numerous programs and committees such as the Green Municipal Funds and the Partners for Climate Protection Program, that support municipal leadership on climate change action; WHEREAS Minister Baird re-affirmed the Government of Canada’s position in the House of Commons on November 18, 2009 when he said, “We need to have real and meaningful action. We need to have all the big players on board. Canada is committed to doing our part to make a deal happen in Copenhagen.” BE IT RESOLVED THAT the Federation of Canadian Municipalities support the Government of Canada’s commitment to achieve a deal with real and meaningful action in Copenhagen. BE IT FURTHER RESOLVED THAT the Federation of Canadian Municipalities urge the federal government to recognize the important role that municipalities play in providing practical local solutions for reducing greenhouse gas emissions. BE IT FURTHER RESOLVED THAT the Federation of Canadian Municipalities urge the federal government to partner with and support municipalities in undertaking emission reduction projects. Council Meeting Minutes - 17 - December 14, 2009 BE IT FURTHER RESOLVED THAT the Federation of Canadian Municipalities urge the Government of Canada to seek the re- inclusion of references to the role of and support for local government climate change action in the latest negotiating text of the Conference of the Parties, leading up to the Copenhagen meetings in December 2009.” Resolution #C-709-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from FCM’s National Board of Directors, with respect to municipal leadership in climate change action, be endorsed. “CARRIED” D - 10 Neil Stewart, Chairperson of the McNab/Braeside Disaster Relief Committee, advising that the Township of McNab/Braeside suffered severe damage to many farms and homes as a result of a torrential rainstorm which caused localized flooding on July 24, 2009; indicating the community has established a Disaster Relief Committee with a fundraising target of $150,000; advising that the Provincial government will contribute up to $2 for every local dollar raised to an amount necessary to settle all claims; and, requesting Council’s support in providing financial assistance to their community. Resolution #C-710-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D – 10 from Neil Stewart, Chairperson of the McNab/Braeside Disaster Relief Committee, requesting financial assistance, be received for information. “CARRIED” D - 11 The Town of Niagara-On-The-Lake advising Council that on November 23, 2009, the Town of Niagara-On-The-Lake adopted the following motion pertaining to a Benefit-Sharing Agreement: “NOW THEREFORE BE IT RESOLVED THAT the Region of Niagara be requested to enter into a benefit sharing agreement with the lower tier municipalities; and THAT Lord Mayor Gary Burroughs and Regional Councillor Dave Lepp table the attached motion in support of that agreement at Regional Council before the finalization of their 2010 budget; and Council Meeting Minutes - 18 - December 14, 2009 THAT this resolution be forwarded to all municipalities within Niagara, including the Region of Niagara, seeking their support; and THAT this resolution be forwarded to AMO for circulation to all Ontario municipalities for their support and endorsement; and THAT lower tier municipalities across Ontario be requested to follow the lead of Niagara municipalities and negotiate with their upper tier partners a benefit-sharing agreement that distributes the uploading tax room with each municipality in both the upper and lower tiers.” Resolution #C-711-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the Town of Niagara-On-The-Lake, with respect to a Benefit-Sharing Agreement, be received for information. “CARRIED” D - 12 Kythe Baldwin, Newcastle Minor Hockey Ice Convener, Newcastle Village Minor Hockey, advising of the shortfall of ice time league players are faced with when attempting to book ice in Newcastle; indicating they currently must book ice time outside of the municipality to not only keep their teams competitive but to just to keep them on the ice; and, questioning when Council anticipates a new facility will be built in Newcastle to fulfill the current and ever-expanding need for ice. Resolution #C-712-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 12 from Kythe Baldwin, Newcastle Minor Hockey Ice Convener, Newcastle Village Minor Hockey, with respect to the shortfall of ice time, be received for information. “CARRIED” D - 13 Sharon Vokes, County Clerk/Director of Council Services, Corporation of the County of Grey, advising Council that on November 24, 2009, the County of Grey adopted the following resolution pertaining to Bill 150: “WHEREAS the Council of the Corporation of the County of Grey has expressed concern over Bill 150 being the Green Energy and Green Economy Act which is now in force and effect; Council Meeting Minutes - 19 - December 14, 2009 AND WHEREAS the need for renewable energy sources is recognized at the federal, provincial, municipal and local community levels; AND WHEREAS wind-generated power is an established source of renewable energy being created globally; AND WHEREAS discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; AND WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; AND WHEREAS other Ontario municipalities have passed resolutions expressing concern with the health effects association with wind turbines; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Grey requests that the Federal and Provincial government agencies responsible for public health, energy creation and energy management complete the following: 1. Dedicate resources to the necessary scientific research to consider the impact of a) low frequency noise, and b) electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; c) technology and infrastructure being used; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers; AND THAT this resolution be forwarded with a request for action to: The Ontario Ministries of Health, Environment and Energy, Medical Officers of Health at Public Health Units, Environment Canada, Health Canada, Grey County MPPs and MPs, the Premier’s Office, the Prime Minister’s Office, the Association for Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM); AND THAT this resolution be circulated to all municipalities in Ontario requesting their support.” Council Meeting Minutes - 20 - December 14, 2009 Resolution #C-713-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the Corporation of the County of Grey, with respect to Bill 150, be endorsed. “CARRIED” D - 14 Robert Kreasul, on behalf of over 150 resident boats in the Port Darlington Marina, transient boaters, residents of Wiggers Yachts Basin and users of the Clarington boat launch ramp, expressing concern that there is not enough depth in the channel to the lake from September onward creating an unsafe situation to plough through the mud to get to the lake; indicating that the harbour generates a great deal of tourism which is adversely affected; and, advising that it is his understanding that the municipality is required to keep the channel navigable from the boat launch to the lake which is currently not the case. Photos and maps to clarify the channel into Port Darlington were attached to the correspondence. Resolution #C-714-09 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item D – 14 from Robert Kreasul, with respect to Port Darlington Marina, be referred to staff for preparation of a report addressing responsibility for channel dredging and associated costs. “CARRIED” D - 15 Marion Manders providing comments on Report CLD-027-09 and requesting Council to continue to support the resolution endorsing a return to a manual count for the 2010 Municipal Elections. Resolution #C-715-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D – 15 from Marion Manders, with respect to the 2010 Municipal Elections, be received for information. “CARRIED” Council Meeting Minutes - 21 - December 14, 2009 D - 16 Kerry Meydam indicating she is in favour of returning to the traditional paper ballot method of voting and supports the use of vote tabulators rather than manual vote counting as long as the method permits referendum questions to be answered and addresses privacy concerns. Resolution #C-716-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D – 16 from Kerry Meydam, with respect to the 2010 Municipal Elections, be received for information. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report December 7, 2009. Resolution #C-717-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of December 7, 2009, be approved, with the exception of Items #6 and #19. “CARRIED” Item #6 Resolution #C-718-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report PSD-117-09 be received; THAT the Municipality authorize in principle the relocation of the heritage home at 49 Beaver Street South to 45 Edward Street East and 63 Beaver Street South to 111 George Street East; THAT prior to moving the buildings at 49 Beaver Street South and 63 Beaver Street South, the applicant: Council Meeting Minutes - 22 - December 14, 2009 a) File a building permit for and construct the foundation for the relocated houses after the buildings have been moved to 45 Edward Street East and 111 George Street East; b) Enter into a site plan agreement for the expanded mixed use development site incorporating 97 and 131 King Street East and 49 and 63 Beaver Street South containing appropriate conditions with respect to relocating the houses at 49 and 63 Beaver Street South; and c) Obtain the approval of Engineering Services and any relevant agency for moving the houses; THAT the cement block houses located at 49 Beaver Street South and 63 Beaver Street South, be removed from the Municipal Register of properties of cultural heritage value or interest on the day prior to the moves; THAT staff be authorized to issue the building permits to allow the buildings to be moved to 45 Edward Street East and 111 George Street East at the time that recommendations 3 and 4 have been fulfilled; THAT the cement block houses relocated to 45 Edward Street East and 111 George Street East be placed on the Municipal Register of properties of cultural and heritage interest on the day subsequent to the moves; and THAT all interested parties listed in this report and any delegation be advised of Council’s direction. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Item 19 of Report #1 – Delegation of Mr. Richard Ward, Regarding Implications Resulting From the Compliance Audit of John Mutton, as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Novak chaired this portion of the meeting. Council Meeting Minutes - 23 - December 14, 2009 Item #19 Resolution #C-719-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the request of Mr. Ward, to reconsider the Compliance Audit of John Mutton, be denied. “CARRIED” Mayor Abernethy resumed the Chair. STAFF REPORTS Resolution #C-720-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Addendum to Report ESD-014-09 be received; THAT Report ESD-014-09 be received; THAT the implementation of new service fees and an increase in fees addressed in Report ESD-014-09 be approved; and THAT the by-law attached to Report ESD-014-09 as Schedule B be approved. “CARRIED” Resolution #C-721-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Staff Report #2 - Verbal Report of the Chief Administrative Officer concerning Legal Matters, be referred to a closed session of Council following the Other Information Section of the Agenda. “CARRIED” Council Meeting Minutes - 24 - December 14, 2009 Resolution #C-722-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Staff Report #3 - Verbal Report of the Solicitor regarding Litigation or Potential Litigation, including matters before Administrative Tribunals, affecting the Local Municipality or Local Board, be referred to a closed session of Council following the Other Information Section the Agenda. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS Councillor Trim indicated that he would not be proceeding with the motion concerning adjustments to the 2010 Municipal budget at this meeting. BY-LAWS Resolution #C-723-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-169 to 2009-177 inclusive; 2009-169 Being a By-law to adopt Amendment No. 69 to the Clarington Official Plan 2009-170 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Ontario Power Generation Inc.) 2009-171 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (812723 Ontario Inc.) 2009-172 Being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended Council Meeting Minutes - 25 - December 14, 2009 2009-173 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Darlington Soccer Club, Bowmanville, Ontario, to enter into agreement for the lease space at Bowmanville Indoor Soccer Facility, 2375 Baseline Road Bowmanville, Ontario to operate the concession 2009-174 Being a By-law to provide for advance votes to be held prior to the 2010 Voting Day 2009-175 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and The Clarington Concert Band to authorize the Band to present itself as the Official Town Band of Clarington 2009-176 Being a By-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees 2009-177 Being a By-law to authorize the execution of an Inter-creditor Agreement between Veridian Corporation, Veridian Connections Inc., the City of Pickering, the Town of Ajax, the Municipality of Clarington, the City of Belleville and the Toronto Dominion Bank; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION Deputy Mayor Novak assumed the Chair. Mayor Abernethy and Councillor Woo gave notice that they will be introducing the following motion at the next Council meeting: “THAT Resolution GPA-351-09 which approves Pay Equity for the Non-Affiliated staff be amended to rescind the following clause: That in order to maintain pay equity Department Heads and Emergency Services Deputies be adjusted by the recognition pay value if awarded to the Fire Association employees at 3%, 6% and 9% effective January 1, 2010 without retroactivity to prior years; and THAT the remaining clauses of the resolution remain unaltered.” Mayor Abernethy resumed the Chair. Council Meeting Minutes - 26 - December 14, 2009 OTHER INFORMATION Councillor Hooper expressed concern with the speed of traffic on Baseline Road, west of Green Road indicating the issue is not being monitored and suggested that the Traffic Management Committee be requested to investigate. Councillor Foster questioned how last-minute Agenda items are being put before Council at the meeting, and if the Municipal Clerk could develop a process on how to bring forward last minute items. Resolution #C-724-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of dealing with three matters regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. “CARRIED” The meeting resumed in open session at 9:06 p.m. The Mayor advised that three items were 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. Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Deputy Mayor Novak chaired the remainder of the meeting. CONFIRMING BY-LAW Resolution #C-725-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-178 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 14 day of December, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 27 - ADJOURNMENT Resolution #C-727-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:08 p.m. "CARRIED" December 14, 2009