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HomeMy WebLinkAbout01/11/2010 Council Meeting Minutes JANUARY 11, 2010 Minutes of a regular meeting of Council held on January 11, 2010 at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor G. Robinson Councillor C. Trim Councillor W. Woo Absent: Councillor M. Novak Absent: Chief Administrative Officer, F. Wu Also Present: Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Mayor Abernethy stated a pecuniary interest with respect to Item 1(f) of Report #1. ANNOUNCEMENTS Councillor Foster announced that he and Councillor Hooper attended Dr. G. J. MacGillivray Public School Young Rotarian Early Act Club for children in grade- school. Councillor Hooper announced a Spaghetti Dinner fundraising event will be held on January 22, 2010, at LeSkratch in Oshawa to aid the victims of the New Year’s Day fire at the Bowmanville Co-op. Councillor Hooper extended appreciation to the Red Cross who provided assistance to the residents. Council Meeting Minutes - 2 - January 11, 2010 Resolution #C-001-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on December 14, 2009 and the minutes of a special meeting of Council held on December 16, 2009, be approved. “CARRIED” PRESENTATIONS There were no Presentations considered under this Section of the Agenda. DELEGATIONS There were no Delegations considered under this Section of the Agenda. COMMUNICATIONS Resolution #C-002-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Item I - 4. “CARRIED” I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated July 20, September 11, September 25 and November 5, 2009 I - 2 Minutes of the St. Marys Cement Community Relations Committee dated December 1, 2009 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 8, 2009 I - 5 Gary Toft, Director of Communications, Office of the Honourable Gary Goodyear, Minister of State (Federal Economic Development Agency for Southern Ontario) announcing the launch of Intake Two of The Community Adjustment Fund supporting economic recovery and job creation; advising that community organizations, small to medium- sized businesses, municipalities, aboriginal organizations and colleges and universities that have been affected by the global recession can now apply for funding; and, indicating that applications for funding in 2010-11 will be accepted from December 15, 2009 to January 18, 2010. Applications are available at www.southernontario.gc.ca. Council Meeting Minutes - 3 - January 11, 2010 I - 6 Diane Ploss, Policy Advisor, Ministry of Municipal Affairs and Housing, forwarding information on the 2009 Ontario Tourism Event Marketing Partnership Program, (TEMPP) a program to assist in the marketing of a selection of tourism events and festivals across the Province; outlining program objectives, project criteria and funding levels; and, indicating that applications for funding must be received four months prior to the date of the tourism event. Further information is available at www.tourismpartners.com. I - 7 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to 2011 Census Geographic Convergence Project - Inclusion of the Durham Road Network File: "a) THAT Regional Council request Statistics Canada to include the Region of Durham's Road Network File in the 2011 Census Geographic Convergence Project; and b) THAT a copy of Report #2009-P-79 of the Commissioner of Planning be forwarded to the Area Municipalities and Durham MP's for their information." I - 8 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to 2010 Interim Property Tax Levy: "a) THAT a 2010 Interim Regional Property Tax Levy be imposed on the Area Municipalities for all property tax classes; b) THAT the amount due from each Area Municipality to be equivalent to 50% of their respective share of the estimated Regional Property Taxes collected in 2009; c) THAT the 2010 Interim Regional Property Tax Levy be paid by the Area Municipalities seven days subsequent to the installment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; d) THAT the Regional Clerk be requested to advise the Area Municipalities of the 2010 Interim Regional Property Tax Levy for all property tax classes; and e) THAT the requisite by-law be approved." Council Meeting Minutes - 4 - January 11, 2010 I - 9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to the timetable for approval of the 2010 Regional Business Plans, detailed budgets and public notification provisions: “a) THAT the following dates for approval of the 2010 Business Plans and Budgets for Property Tax Purposes by Standing Committees and Council be confirmed: Planning Committee February 2, 2010 Works Committee February 3, 2010 Health & Social Services February 4, 2010 Committee Finance & Administration February 9, 10 & 11 (if required), Committee 2010 Regional Council February 17, 2010 b) THAT staff be authorized to notify the public of Regional Council's intention to adopt the 2010 Regional Business Plans and Budget for General Property Tax Purposes, the Police Services Board and Outside Agencies, Regional Transit and Solid Waste Management at its regularly scheduled meeting of February 17, 2010; and c) THAT a copy of Report #2009-F-101 be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities." I - 10 Tara Alkhalisi, Project Coordinator, Durham/York Residual Waste Study, forwarding a copy of the Addendum to the EA Study Document (as amended November 27, 2009), to be made available for public inspection. I - 11 The Honourable Lisa Raitt, P.C., M.P., Minister of Natural Resources, Canada, informing Council of the Government's decision to invite investors to submit proposals for the commercial reactor division of Atomic Energy of Canada Limited (AECL); highlighting a number of key objectives to guide the restructuring process of AECL including the decision to internally re-organize AECL by separating the commercial reactor division (CANDU Inc.) and the Research and Technology Division (RTD) and to invite proposals from companies to invest in CANDU Inc.; and, indicating that the Government believes that strategic investment in CANDU Inc. will make it more competitive at home and abroad, give it global scale, lead to new opportunities for the Canadian Nuclear Industry and to position Canada's nuclear industry to retain high-skilled jobs and create new job opportunities in the future. Council Meeting Minutes - 5 - January 11, 2010 I - 12 Chief Constable Mike Ewles, Durham Regional Police Service (DRPS), announcing that in 2010, DRPS will be implementing a number of changes that will enhance frontline service, specifically in the area of emergency response and neighbourhood problem-solving; indicating the revised patrol map and new work zone areas will be based on five areas: West Division (formerly 19 Division), Central West Division (formerly 18 Division), Central East Division (formerly 17 Division), East Division (formerly 16 Division) and North Division (formerly 15 Division); attaching a diagram of boundaries; and, forwarding copies of the 2008-2010 Strategic Business Plan and 2008 Annual Report. I - 13 Tania Laverty, Manager, Communications, Region of Durham, News Release dated December 16, 2009, announcing the adoption of the Region’s 2010 Accessibility Plan, based on information contained in the Accessibility for Ontarians with Disabilities Act, 2005 which aims to remove and prevent barriers for people with disabilities, especially through the incorporation of five standards: customer service, information and communications, transportation, employment, and built environment. Copies of the Plan are available from the Region’s website at www.durham.ca. I - 14 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to regulations to the Green Energy and Green Economy Act, 2009 and Renewable Energy Project approvals process: “a) THAT Joint Report #2009-J-49 be received for information; and b) THAT a copy of Joint Report #2009-J-49 be forwarded to the Durham Area Municipalities for their information.” I - 15 Rebecca Evans, President, Durham Region Home Builders Association, writing to Roger Anderson, Regional Chair, advising several members of the Association have received requests for payment of Development Charges for sanitary sewerage services in accordance with subdivision agreements and noting that draws will be taken from existing letters of credit if payments are not received; and, requesting a temporary hold of this process to allow representatives to discuss an equitable means to manage these conditions which will be essential to the regeneration of the building industry in Durham. Council Meeting Minutes - 6 - January 11, 2010 I - 16 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2010; acknowledging that the $709 million provided in respect of OMPF mitigation was special one-time assistance for 2009 and that requests for 2010 would be considered in the context of the province's worsening fiscal situation; indicating that the government will not be providing full mitigation beyond 2009 but will provide $25 million in transitional assistance for 2010 only and suggesting that municipalities should continue to exercise prudent fiscal management in their future budget planning. Further details on the 2010 OMPF will be provided to Municipal Treasurers in the near future and is also available at www.fin.gov.on.ca/en/budget/ ompf/2010/. I - 17 D. Jeffrey Dea, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment, forwarding copies of the Notice of Completion of Ministry Review and the Ministry Review of the 407 East Environmental Assessment for public review, outlining the procedure for making a submission or requesting a hearing on the application; and advising that submissions or requests for hearing must be received by the Ministry of the Environment by January 29, 2010. I - 4 Winter Warmth Media Release dated December 1, 2009, announcing the United Way and local utility partners launch of the 2009-2010 Winter Warmth Program, an initiative that helps financially struggling families and individuals to pay their energy bills during the cold winter months; listing participating local utility companies; and, directing inquiries to call centres at participating utilities who will advise customers about how to apply for the program and direct them to the appropriate agency. Resolution #C-003-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 4, regarding the 2009-2010 Winter Warmth Program, be received for information. “CARRIED” Council Meeting Minutes - 7 - January 11, 2010 CORRESPONDENCE FOR DIRECTION Resolution #C-004-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Items D - 1 to D - 9 be approved as per the agenda. “CARRIED” D - 1 Gene S. Ponniah, expressing concern with the manner in which a municipal by-law complaint regarding wet leaves from a neighbouring property was interpreted under current by-laws; the limited scope taken by the Officer in pursuing the complaint; and, offering suggested amendments to various by-laws to aid in enforcement, to address standards for the maintenance of all properties and to address isolated shortcomings. (Correspondence referred to the Municipal Clerk) D - 2 Meg Lush forwarding a petition to stop the closing or relocation of the daycare operated by Helena Diogo and the sitters at 10 Rickaby in Bowmanville due to having too many children. The correspondence indicates there have been no previous complaints and the operators provide a safe, loving and convenient environment to a number of children who will be uprooted from their routines, their friends and comfort zone by the Order. (Correspondence referred to the Municipal Clerk) D - 3 Bill and Terry Thompson expressing concern with comments made by Guiseppe Braccia at the Council meeting of December 14, 2009, concerning Mitchells Corners; indicating that Mr. Braccia was not speaking on behalf of all residents of Mitchells Corners as many residents are against the construction of sidewalks and sewers and that those who signed the petition thought it was just to have the ditches filled in; and, questioning what steps can be taken to oppose Mr. Braccia's request. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes - 8 - January 11, 2010 D - 4 Marc Van Herwijnen advising he is not in support of sewers and sidewalks being constructed on Trulls Road in Mitchells Corners and suggesting that speed bumps be installed on Trulls Road to reduce speeding north of Pebblestone Road and south of Taunton Road to address safety concerns. (Correspondence referred to the Director of Engineering Services) D - 5 Lou Politano, P.Eng., Regional Director, Ministry of Transportation, responding to Council’s correspondence regarding the Preliminary Design and Class Environmental Assessment Study for the widening of Highway 401 from Salem Road to Brock Street in the Towns of Ajax and Whitby; urging the Minister to work closely with the Region to ensure that the design for the sidewalks on the bridges meet the proposed standard within the Accessibility for Ontarians with Disabilities Act (AODA) legislation being a minimum width of 1.8 meters; advising that the Ministry’s practice for sidewalks on bridges requires that the width of the sidewalk crossing a bridge matches the width of the sidewalk on the approach road; and, indicating that the Ministry will consult with Regional and Municipal staff to ensure that the proposed works meet design standards and can be compatible with municipal plans, and that exact widths and financial responsibility will be further addressed with staff during the assignment. (Correspondence referred to the Accessibility Advisory Committee) D - 6 Grant Algar requesting an extension to Building Permit No. 08.0509 for 4327 Fices Road until April 30, 2010, due to problems resulting from a wet summer, early winter with cold temperatures, lack of available trades and delayed siding. (THAT Grant Algar be granted an extension for the use of temporary living quarters at 4327 Fices Road until April 30, 2010 subject to the signing of a further letter of undertaking) D - 7 Keith Isnor, Chair, Clarington Museums and Archives Board, requesting $2,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds to purchase storage bins for the doll and toy collection at Clarington Museums and Archives. (Request approved for $2,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds) Council Meeting Minutes - 9 - January 11, 2010 D - 8 Allen Eidsness expressing concern with vehicles parked on Dale Park Drive during the daytime and overnight creating a safety issue, particularly during the winter when snowbanks reduce the travelled portion of the roadway making it difficult, and occasionally, impossible to drive down the street; suggesting that “No Parking” signs be installed on Dale Park Drive; also expressing concern with cars parked on Varcoe Road creating an unsafe situation for drivers exiting from Dale Park Drive onto Varcoe Road to see southbound traffic on Varcoe Road due to vehicles parked on the east side of Varcoe Road, and suggesting that the “No Parking” sign be moved northward to create a safer intersection. (Correspondence referred to the Director of Engineering Services) D - 9 Linda Duffie, Immediate Past President, Lions Club of Bowmanville, requesting the week commencing May 15, 2010, be declared “Lions Club of Bowmanville” Week, in Clarington in recognition of the Club’s th 75 Anniversary of community service to the municipality. (Proclaimed) D - 10 The Township of Mapleton advising Council that on December 8, 2009, the Township of Mapleton adopted the following resolution pertaining to wind energy projects in the Village of Arthur: "WHEREAS the Council of the Township of Mapleton has received a petition of 250+ citizens with concerns about health issues and ground water protection; NOW THEREFORE the Council of the Township of Mapleton hereby request that the Government of Ontario through the Ministry of Environment issue a moratorium on wind energy projects until a health study has been completed by an independent third party; AND FURTHER THAT this resolution be forwarded to the County of Wellington and other municipalities within the County of Wellington for their support and endorsement, as well as the Association of Municipalities of Ontario." D - 11 Ric McGee, Mayor, City of Kawartha Lakes, advising Council that on October 27, 2009, the City of Kawartha Lakes adopted the following resolution pertaining to wind turbines: "WHEREAS the Province of Ontario has recently passed the Green Energy Act: and WHEREAS the Township of Manvers in the City of Kawartha Lakes has been identified for wind farm development; and Council Meeting Minutes - 10 - January 11, 2010 WHEREAS currently a number of wind turbine development companies have publicly signaled a desired presence; and WHEREAS wind-generated power is an established source of renewable energy being created globally; and WHEREAS there are legitimate concerns and studies relating to alternative energy sources put forward from various sources that have expressed concerns regarding health, safety and economic impacts for those living close to developed sites; 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 respect to the health effects associated with wind turbines; and WHEREAS with the passage of the Green Energy Act, the Municipality is excluded from the input and decision making process relating to the location, setbacks, etc. and this impacts on the municipality's ability to address the public concern and control good planning principles throughout the municipality; and WHEREAS the right of an individual to appeal the location and placement of alternative energy sources such as wind turbines and solar panels has been removed with the passage of the Green Energy Act; and WHEREAS the proposed study areas of windmill projects may include or abut schools; residential areas; conservation areas and the Oak Ridges Moraine; and WHEREAS populated and publicly owned and occupied lands are being identified for industrial wind turbine development; and WHEREAS the guidelines for the Green Energy Act do not specify whether the infrastructure costs related to the windmill projects will be covered by the province, the municipality or the wind companies; and WHEREAS in many other jurisdictions the required setbacks range between 1.5 km and 2 km; Council Meeting Minutes - 11 - January 11, 2010 THEREFORE BE IT RESOLVED THAT the Council of the City of Kawartha Lakes requests in advance of the issuance of any permits and the commencement or continuance of any projects that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; THAT this resolution be forwarded with a request for action and support to: The Ontario Ministries of Health, Environment and Energy, Chief Medical Officer of Canada, Chief Medical Officer of Ontario, Medical Officers of Health at Public Health Units, Environment Canada, Environmental Commissioner, Health Canada, all MPPs and MPs, The Premier's Office, The Prime Minister's Office, the Association of Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM); and THAT this resolution be circulated to all municipalities and native territories in Ontario requesting their support." Resolution #C-005-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT the resolutions from the Township of Mapleton and the City of Kawartha Lakes, with respect to wind energy projects, be endorsed. “CARRIED” D - 12 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on June 29, 2009, the Town of Halton Hills adopted the following resolution pertaining to disposition of surplus real property: "WHEREAS Ontario's Planning Legislation including the Provincial Policy Statement, the Places to Grow Act etc. recognizes that in order to accommodate future population growth, support economic prosperity and achieve a high quality of life for all Ontarians, planning must occur in a rational and strategic way; Council Meeting Minutes - 12 - January 11, 2010 AND WHEREAS the Government of Ontario recognizes within its Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. that an integrated and coordinated approach to making decisions about growth across all levels of government will contribute to maximizing the value of public investments; AND WHEREAS a key purpose of Ontario's Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc., is to enable decisions about growth to be made in ways that sustain a robust economy, build strong communities and promote a healthy environment and a culture of conservation; AND WHEREAS Ontario's Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. encourages municipalities, conservation authorities, non government organizations and other interested parties to develop a system of publicly accessible parkland, open space, trails, and recreation areas within the Greater Golden Horseshoe; AND WHEREAS Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. encourages municipalities to establish an urban open space system within built- up areas, which may include rooftop gardens, communal courtyards, public parks and recreational areas; AND WHEREAS the sale of existing public green space or active or passive parkland associated with school sites declared surplus, in whole or in part, by local school boards solely for redevelopment fundamentally undermines the intent, purpose and spirit of Ontario's Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. as identified above; AND WHEREAS a large majority of existing public green space or active or passive parkland associated with school sites and owned by local school boards have been in use by the public for decades and have become significant elements of that community's system of publicly accessible parkland, open space, trails and recreation areas and have been the subject of formal joint use/reciprocal use agreements between school boards and municipalities; Council Meeting Minutes - 13 - January 11, 2010 AND WHEREAS local school boards indicate they are constrained in their consideration of innovative, community oriented, or future focused opportunities for the disposal of surplus property necessary to meet the purpose, intent and spirit of the Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. because of Ontario Regulation 444/98 (Disposition of Surplus Real Property) and in particular the Provincial Government's requirement that an "offer must be for sale, lease or otherwise dispose of the property at fair market value; NOW THEREFORE BE IT RESOLVED THAT the Government of Ontario immediately amend Ontario Regulation 444/98 (Disposition of Surplus Real Property) to require meaningful consideration of innovative, community oriented and/or future focused opportunities for the disposal of surplus properties intended to meet the purpose intent and spirit of Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. by supporting a municipality's system of publicly accessible parkland, open space, trails, and recreational areas; AND FURTHER BE IT RESOLVED THAT the Government of Ontario and the Ministry of Education direct local school boards to explore innovative, community oriented and/or future focused opportunities for the disposal of surplus properties within local municipalities on a 'first right of refusal basis' in order to meet the purpose, intent and spirit of Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. by supporting a municipality's system of publicly accessible parkland, open space, trails and recreational areas; AND FURTHER BE IT RESOLVED THAT the Government of Ontario and the Ministry of Education introduce sufficient flexibility in the Ontario Regulation 444/98 (Disposition of Surplus Real Property) requirement for local school boards to sell, lease or otherwise dispose of property at fair market value by permitting the sale, lease or otherwise disposal at significantly less than fair market value based on highest or best development use to enable those projects to meet the purpose, intent and spirit of Provincial Planning Legislation including the Provincial Policy Statement and the Places to Grow Act etc. by supporting a municipality's system of publicly accessible parkland, open space, trails and recreational areas; AND FURTHER BE IT RESOLVED THAT a copy of this resolution be forwarded to the Honourable Dalton McGuinty, Premier of Ontario, the Honourable Kathleen Wynne, Minister of Education, all local municipalities in Halton, AMO, and local MPP Ted Arnott for consideration, endorsement and implementation. Council Meeting Minutes - 14 - January 11, 2010 Resolution #C-006-10 Moved by Councillor Woo, seconded by Councillor Foster THAT the resolution from the Town of Halton Hills, with respect to the disposition of surplus real property, be endorsed. “CARRIED” D - 13 Mayor David Guergis, Township of Essa, forwarding a resolution adopted by the Township of Essa calling for an independent third- party review of the NVCA, their local Conservation Authority, in response to escalating costs and the steady stream of new restrictions, new permit fees and studies required to develop in their municipality; advising his goal is to see the planning part of the Conservation Authority be amalgamated into the upper tier to eliminate multi levels of costly bureaucracy leaving conservation staff to focus on repairing watersheds, building public and private partnerships to plant trees, stabilize river banks, improve spawning beds, etc.; acknowledging that his motion is specific to NVCA and indicating that he has been requested to circulate the motion by his area colleagues; and, suggesting that if other jurisdictions have strained relationships with their Conservation Authorities, now is the time to deal with it. Resolution #C-007-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Township of Essa, with respect to conservation authorities, be received for information. “CARRIED” D - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on December 16, 2009, Regional Council adopted the following resolution pertaining to Memorandum from Dr. Robert Kyle, Commissioner & Medical Officer of Health, dated December 3, 2009 Re: Lambton County Council Resolution: “a) THAT the following recommendations of the Lambton County Council dated October 7, 2009, with respect to restructuring of health care in rural and northern communities, be endorsed: ‘THAT the County of Lambton support the resolution concerning a moratorium on major health care restructuring as follows: Council Meeting Minutes - 15 - January 11, 2010 WHEREAS the Health and Long-Term Care Minister recently appointed a Small and Rural and Northern Health Care Panel to review and better coordinate access to health care services in Rural and Northern Ontario; WHEREAS to call for a moratorium on the restructuring of health care services in rural and small communities to be imposed upon each Local Health Integration Network in the Province of Ontario until such time as a province-wide review process has been conducted. The Ontario College of Family Physicians, Canadian Association of Emergency Physicians, Rural Section of the Ontario Medical Association and the Society of Rural Physicians have endorsed this call; WHEREAS it is deemed necessary and expedient for small, rural and northern Municipalities to call upon the government to impose a moratorium on any further reductions to health care services in rural and northern communities; NOW THEREFORE BE IT RESOLVED by the Lambton County Council that it hereby petitions the Honourable Dalton McGuinty, Premier of Ontario and the Honourable David Caplan, Minister of Health and Long-Term Care to impose a moratorium upon each Local Health Integration Network to prevent any further reductions and/or restructuring in health care services in rural and northern communities in the Province of Ontario until such time as a Province-wide review process has been conducted, resulting in the following action: 1. The urgent establishment of knowledgeable representation, similar to those involved in the Rural and Northern Health Care Framework, to provide recommendations to the LHINs regarding the role and future of emergency departments and small hospitals; 2. The adoption of the standards that have been developed identifying the services that are required to provide emergency care; 3. The identification of how many emergency departments are needed in each community and in each LHIN; Council Meeting Minutes - 16 - January 11, 2010 4. The adoption of standards regarding the level of services that should be available in local rural hospitals to support the health care needs of the local population; 5. The adoption of standards regarding the level of services that should be available to local communities to provide the non-hospital based services that are required to meet the health care needs of the local population; 6. The implementation of a system to ensure accessibility to regional services (London) that are deemed necessary to support local delivery systems; 7. The implementation of standards regarding EMS availability in the event of a closure of an emergency department; THAT a copy of this resolution be sent to all small, rural and northern Municipalities in the Province of Ontario for support; and further, THAT the Ontario Ombudsman and Auditor General are so notified of this action as well as all other appropriate persons and local Members of Parliament.’; and b) THAT the Premier of Ontario, Minister of Health and Long-Term Care, Durham’s MPPs and municipalities, and Lambton County Council be so advised.” Resolution #C-008-10 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Region of Durham, with respect to the Memorandum from Dr. Robert Kyle, Commissioner & Medical Officer of Health, dated December 3, 2009 Re: Lambton County Council Resolution, be received for information. “CARRIED” D - 15 Carolyn Downs, City Clerk, City of Kingston, advising Council that on December 15, 2009, the City of Kingston adopted the following resolution pertaining to exemption of electricity sales from Provincial portion of harmonized sales tax: Council Meeting Minutes - 17 - January 11, 2010 “WHEREAS Ontario’s 2009 budget has proposed to harmonize sales taxes, the implementation of which will apply to electricity rates starting July 1, 2010, having the effect of increasing electricity rates by 8% across the Province; and WHEREAS this increase in taxation on electricity bills will provide undue hardship to the residents and businesses of Ontario, particularly middle and low income families who are being hard pressed during the current economic recession due to reduced incomes and job losses and small businesses that are struggling to stay financially viable; THEREFORE BE IT RESOLVED THAT the Province of Ontario be requested to exempt electricity sales from the provincial portion of the single harmonized sales tax; AND FURTHER THAT this resolution be forwarded to all Ontario municipalities with a population over 50,000 for their support; AND FURTHER THAT this resolution be forwarded to the Premier, Deputy Premier/Minister of Energy and Infrastructure, Minister of Finance, Minister of Municipal Affairs and Housing and the AMO.” Resolution #C-009-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the City of Kingston, with respect to exemption of electricity sales from Provincial portion of harmonized sales tax, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 4, 2010. Resolution #C-010-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of January 4, 2010 be approved, with the exception of Items #1(f) and #12. “CARRIED” Council Meeting Minutes - 18 - January 11, 2010 Mayor Abernethy stated a pecuniary interest with respect to Item 1(f) of Report #1 – Delegation of Mr. Richard Ward Regarding Ongoing Property Issues. Mr. Ward’s delegation also included reference to the compliance audit of John Mutton; therefore, Mayor Abernethy stated the pecuniary interest 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 Trim chaired the remainder of the meeting. Item 1(f) Resolution #C-011-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Richard Ward, regarding ongoing property issues, be received for information. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Mayor Abernethy v Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Woo v Councillor Trim v Item 12 Resolution #C-012-10 Moved by Councillor Woo, seconded by Councillor Robinson THAT Item 12 of Report #1 (Staff Report CLD-001-10) be tabled until the next regular Council meeting. “CARRIED” Council Meeting Minutes - 19 - January 11, 2010 STAFF REPORT(S) There were no reports considered under this section of the Agenda. BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-013-10 Moved by Mayor Abernethy, seconded by Councillor Woo 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. “TABLED LATER IN THE MEETING” Resolution #C-014-10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of considering personal matters about identifiable individuals, including municipal or local board employees. “CARRIED” The meeting resumed in open session at 8:04 p.m. The Deputy Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Council Meeting Minutes - 20 - January 11, 2010 Resolution #C-015-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the foregoing Resolution #C-013-10 be tabled until the next regular Council meeting. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Mayor Abernethy v Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Woo v Councillor Trim v UNFINISHED BUSINESS Resolution #C-016-10 Moved by Councillor Woo, seconded by Councillor Robinson THAT Addendum 2 to Report PSD-067-09 be received; THAT Report PSD-067-09 be tabled until the April 12, 2010 meeting of Council; and THAT all interested parties listed in Report PSD-067-09 and any delegation be advised of Council’s decision. “CARRIED” BY-LAWS Resolution #C-017-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-001 to 2010-005 inclusive; 2010-001 Being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2010 Council Meeting Minutes - 21 - January 11, 2010 2010-002 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle [Bowmanville Investments Inc. (Smart Centres)] 2010-003 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2001-002, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of S-C-2001-002 2010-004 Being a By-law to authorize the execution of the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valleys 2000 (Bowmanville) Inc. 2010-005 Being a by-law to amend By-law 96-32, as amended, to require the payment of fees to file an appeal to a Property Standards Order THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION a) Councillor Foster and Councillor Robinson gave notice that they will be introducing the following motion at the next Council meeting: “Whereas good management and prudence dictate that any organization review and retain or change, as appropriate, its business practices; and whereas the Municipality of Clarington must deal with legal issues of growing complexity and volume and the costs associated with these issues. Therefore be it resolved that a report be prepared within eight weeks by our CAO Frank Wu and the Municipal Solicitor Dennis Hefferon to consider the current policies and practices of the legal services provided to the Municipality of Clarington with a view to retaining those policies and practices that serve the Municipality well and suggestions for improvements and potential cost savings where prudent and appropriate.” b) Councillor Robinson and Councillor Foster gave notice that they will be introducing the following motion at the next Council meeting: “WHEREAS the lower tier Municipalities of Oshawa, Ajax and Pickering in the last municipal election placed a referendum question on the ballot to poll the question of direct election of the Durham Regional Chairman; Council Meeting Minutes - 22 - January 11, 2010 WHEREAS the public supported direct election in those municipalities at 88 percent of electorate support; WHEREAS changing the process of electing the Regional Chairman needs a vote of the new Regional Council after the municipal election in order to request the Province to change the Municipal Act. NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington place a referendum question on the ballot to poll the question of direct election of the Durham Regional Chair, and; THAT this resolution be copied to all Municipalities in Durham and; THAT Whitby, Brock, Scugog and Uxbridge be encouraged to place a similar question on the ballot for the 2010 election.” c) Councillor Woo and Councillor Foster gave notice that they will be introducing the following motion at the next Council meeting: “THAT Resolution #C-622-09, as amended, as it relates to the method of counting ballots during the 2010 Municipal Election be reconsidered, to allow for the following motion to be introduced: ‘THAT vote tabulating equipment be utilized for the 2010 Municipal Election’.” OTHER INFORMATION Councillor Robinson questioned whether the Host Community Agreement for the Energy-From-Waste Facility has been executed by the Region. The Chief Administrative Officer advised that he forwarded the agreement to the Region in the late summer/early fall with minor changes. He stated the Region has not acted upon the Agreement to date as they are concentrating their efforts in working out a contract with the vendor; but indicated that despite the agreement not being formally executed, both Clarington and Regional Councils have approved the agreement and staff is moving forward as if the agreement had been executed. Councillor Foster extended congratulations to staff of the Mayor’s Office for organizing the Mayor’s Levee. He suggested that in future, a coordinated open house be investigated with the Federal, Provincial and Municipal Representatives and School Board Trustees to allow the public to meet all representatives at one event. Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Council Meeting Minutes - 23 - January 11, 2010 CONFIRMING BY-LAW Resolution #C-018-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-006, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 11 m day of January 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-019-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 8:14 p.m. "CARRIED"