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"