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HomeMy WebLinkAbout04/26/2010Clarin~ton I,ea4iagtheWny Council Meeting Minutes April 26, 2010 Minutes of a regular meeting of Council held on April 26, 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 M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Solicitor, D. Hefferon Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid 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 There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak announced the following: • On Wednesday, April 21, 2010, she, along with Councillor Foster, attended the Environmental Earth Angels Schoolyard Tree Planting Program at Monsignor Leo Cleary Elementary School. • She attended the Clarington Older Adults Association "Volunteer Appreciation Night" at the Beech Centre. • On Thursday, April 22, 2010, she attended the r~~^^~'° ^' *~° ~^~^~^~°" Friends of the Second Marsh Dinner. jCouncil Resolution #C-222-70] • On Thursday, April 22, 2010, Dr. Gary Polonsky was inducted into the Oshawa Walk of Fame. • On Friday, April 23, 2010, she attended the Rose Volunteers "Coffee to Kandahar" event. Council Meeting Minutes - 2 - April 26, 2010 ? She participated in “PITCH-IN” Day on Saturday and Earth Day events. Councillor Hooper announced the following: ? This weekend the Annual Maple Festival and All That Jazz will be held in Downtown Bowmanville featuring entertainment for all. ? Today, he attended the Grand Opening and Ribbon-Cutting for Bella Donna’s Café. ? He announced that an artistic wood carving created by Jan Oegema depicting his interpretation of bringing individuals back from Kandahar was on display at the Rose Volunteers “Coffee to Kandahar event”. Councillor Hooper is hopeful that the carving will be on display for the Maplefest Event this weekend. Councillor Foster announced the following: ? He participated in the Earth Day Event cleanup on Trulls Road with the Courtice Lions Club. ? He attended the Clarington Board of Trade Annual General Meeting on Thursday and extended congratulations to Randy Henry, the new President. ? On Sunday, April 25, 2010, he attended the Rain Outreach Ministry, a new faith-based organization. ? On Wednesday, April 28, 2010, the CTC Source Protection Committee is hosting a public meeting at the Legends Centre in Oshawa to give residents an opportunity to review the draft Proposed Assessment Report providing information on the quality and quantity of drinking water sources for Durham Region. ? The Rotary Club of Bowmanville is hosting the Paul Harris Event on Thursday, April 29, 2010. ? On Saturday, May 1, 2010, Whitecliffe Terrace Retirement Residence will have the ground-breaking for the cenotaph. Councillor Trim announced that at the Regional Works Committee on April 7, 2010, a motion was approved to award the contract for the replacement of the Orono Creek Culvert on Main Street in the amount of $197,162, plus taxes to R. J. Burnside and Associates approving the much-needed improvements. Mayor Abernethy announced that last Tuesday, Ontario Power Generation announced it would beproceeding with site preparation and servicing for a proposed 250,000 square foot multi-purpose building on OPG-owned land in the Clarington Energy Business Park. The space is required to support refurbishment of Darlington A reactors, a $6-10 billion project. Councillor Novak highlighted an article in the April 21, 2010, edition of the Novae ResUrbis newsletter entitled “Clarington Goes Green” regarding the Green Community Strategy. Council Meeting Minutes - 3 - April 26, 2010 Councillor Trim stated that Ontario Power Generation will become the anchor for the Energy Park area and that many businesses will benefit from the announcement. Resolution #C-169-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 12, 2010, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS There were no delegations considered under this section of the Agenda. PUBLIC MEETING – BY-LAW TO SUBMIT A QUESTION TO THE ELECTORS In accordance with Section 8.1(3) of the Municipal Elections Act, a public meeting was held to consider the passage of a by-law to place the following question on the October 25, 2010 municipal election ballot: “Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO” Libby Racansky stated the environment, economy and social structure has changed in Courtice but that Regional Planning remains the same. She spoke in support of placing the question on the ballot as she feels that the Region could be managed better with the Chair being elected by general vote. Jim Richards stated the right to choose or elect political representatives is the basic tenet of a free society and through the electoral process, community leaders are held accountable to the taxpayers. Mr. Richards stated that this is not the case in Durham Region where the most senior official, the Regional Chair, is not elected but appointed by other mayors and Regional Councillors. Mr. Richards stated in his opinion that the current Chair, Roger Anderson, seems to rule through threat and intimidation and this is not acceptable and that he is, in Mr. Richards’ opinion, a “bully”. Council Meeting Minutes - 4 - April 26, 2010 Mayor Abernethy provided Mr. Richards with the opportunity to rescind his disparaging comments regarding Mr. Anderson. Mr. Richards declined to rescind his comments and the delegation was ended. COMMUNICATIONS Resolution #C-170-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 1 and I - 16. “CARRIED” I - 2 Minutes of the Central Lake Ontario Source Protection Authority dated March 23, 2010 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 13, 2010 I - 4 Minutes of the Clarington Accessibility Advisory Committee dated April 7, 2010 I - 5 Gord Lee, Chair, Arena Management Committee, Newcastle Memorial Arena Management Board, thanking Council for providing the Board with a $2,500 grant which will be put to good use towards arena improvements. I - 6 Victoria Kehoe, Executive Director, Distress Centre Durham, thanking Council for the donation of $1,000 towards their Adolescent Suicide Awareness Program and for the municipality’s continued support which helps the centre continue to provide services and programs to those in need in Durham Region. I - 7 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living, thanking Council for providing the Clarington Project with $1,000 from the 2010 Municipal Grant program enabling Community Living members to continue to provide the highest quality of life possible for people with intellectual disabilities by creating opportunities for inclusion, citizenship, acceptance and partnership. Council Meeting Minutes - 5 - April 26, 2010 I - 8 Wayne Robbins, Chief Nuclear Officer, Ontario Power Generation, (OPG) forwarding a fact sheet on OPG’s two-part Nuclear Investment Strategy in Durham announcing that OPG will proceed with the detailed planning phase for the mid-life refurbishment of the Darlington Nuclear station and indicating that OPG plans to invest approximately $300 million in the continued safe and reliable performance of the Pickering B station for about ten years. In addition, OPG will continue the planning and regulatory work for the construction and operation of new nuclear units at the Darlington site. Further information on the strategy is available by contacting Vanessa Hughes in the Darlington Information Centre at 905- 623-6670, ext 7443 or Don Terry in the Pickering Community at 905-839- 1151, ext. 5966. I - 9 Debi A. Wilcox, Town Clerk, Town of Whitby, writing to P. Madill, Regional Clerk, Region of Durham, advising that on March 29, 2010, the Town of Whitby adopted the following resolution pertaining to Direct Election of the Regional Chair: “1. THAT Report CS 13-10 of the Director, Corporate Services/Treasurer be received for information; 2. THAT Corr. 09-10 from the Municipality of Clarington dated February 16, 2010 and included as Attachment #1 be received for information; 3. THAT Corr. 10-10 from the City of Pickering dated February 18, 2010 and included as Attachment #2 be received for information; 4. THAT Corr. 11-10 from the City of Pickering dated February 18, 2010 and included as Attachment #3 be received for information; 5. THAT in the event the Region proceeds with a question on the ballot, that the Town hereby requests that a public communications plan be developed in order to ensure the electors are well informed about the question on the ballot; and 6. FURTHER, THAT based on the resolution of Regional Council on March 10, 2010 that no further action be taken and that the Region and area municipalities be so advised.” I - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Jim Prentice, Minister of the Environment, advising that on March 29, 2010, the Town of Ajax adopted the following resolution pertaining to Drinking Water Source Protection EBR Posting: Comment on Draft Regulation for Source Protection Plans: Council Meeting Minutes - 6 - April 26, 2010 “1. THAT the report entitled “Drinking Water Source Protection EBR Posting: Comments on Draft Regulation for Source Protection Plans”, dated March 25, 2010, be endorsed; 2. THAT the Provincial Minister of the Environment be respectfully requested to better protect Lake Ontario as a source of surface drinking water by directing the Ministry to amend the proposed Draft Regulation as follows: a) delete Section 19.4(c), thereby continuing to identify sewage systems as “prescribed activities” and require their evaluation as significant threats to drinking water sources in Assessment Reports and Source Protection Plans; and, b) modify Section 19.13 (Significant Threat Policies) in the manner set out in Attachment No. 2 to this report; 3. THAT the Minister be respectfully requested to direct the Ministry to: a) establish protective water policies and water quality targets for Lake Ontario in the Source Protection Plans for the CTC Region to achieve reduced contaminant emissions from Sewage Treatment Plants; b) widen the scope of spill scenario modeling to include not only pathogenic and algal threats but also chemical and radiological threats, and evaluate longer times-of-travel, to plan for extended closure of Water Supply Plants along the Lake Ontario shoreline due to, for example, prolonged persistence of a tritium spill or cyanobacteria blooms in coastal waters; c) protect groundwater resources not presently tapped by municipal drinking water systems as possible future drinking water sources in the event of a catastrophic event affecting Lake Ontario water for a long period of time; and, d) require a more comprehensive consultation process be undertaken by the CTC Region in the Town of Ajax, including public open houses with presentations and Q&A sessions in afternoons and evenings, regarding draft and proposed Assessment Reports and Source Protection Plans being prepared by the Toronto Region Source Protection Authority and the Central Lake Ontario Source Protection Authority; Council Meeting Minutes - 7 - April 26, 2010 4. THAT the Minister be respectfully requested to: a) provide sustained, reliable funding for continued evaluation of potential threats posed by Sewage Treatment Plant discharges into Lake Ontario, which is the Town of Ajax’s primary source of drinking water; b) require integration of the best available wastewater treatment technologies into all stages of the expanding Duffin Creek Sewage Treatment Plant, as well as ongoing performance monitoring, and installation of better technologies during the lifetime of the Plant as they become available; c) impose stringent treated effluent standards for Lake Ontario receiving waters along the West Durham Waterfront where combined discharges from the Duffin Creek Sewage Treatment Plant, the Pickering Nuclear Generating Station and Duffins Creek merge in close proximity to the Ajax Water Supply Plant’s intake and Rotary Park Beach; d) require the Regions of York and Durham, as part of the environmental assessment being initiated to identify how constraints posed by the Duffin Creek Sewage Treatment Plant’s submerged outfall/diffuser to increasing the volume of treated wastewater discharged can be overcome pursuant to existing Ministry conditions and as a prerequisite to the filing of an Environmental Study Report with the Ministry, to: i) undertake comprehensive sampling and analyses of the widest possible range of contaminants in waters and sediments in the receiving water, co-operatively and in conjunction with the Town of Ajax; ii) require the Regions to share and discuss the scientific analyses and findings with the Town of Ajax; and, iii) require the Regions to bear the cost of peer reviews by consultants retained by the Town, and to meet with the Town and peer reviewer, as may be necessary, to discuss options and solutions to any outstanding Ajax concerns; Council Meeting Minutes - 8 - April 26, 2010 e) work with the Ministers of Research and Innovation and Health to: i) promote funding of research and development into improved wastewater treatment and clean-water technologies; and, ii) provide sufficient funding to enable the purchase, installation, monitoring and upgrading of clean-water technologies in Water Supply Plants, as well as wastewater treatment technologies in Sewage Treatment Plants, to protect water quality and human and aquatic health; 5. THAT the Federal Minister of the Environment be respectfully requested to: a) expedite the protection of human and aquatic health in the Great Lakes Basin by amending the proposed Federal Regulation for Municipal Sewage Treatment Plant Effluent to address the concerns identified in this staff report, including applying stringent effluent limitations on municipal Sewage Treatment Plants, including York and Durham Regions’ Duffin Creek Sewage Treatment Plan on the West Durham Waterfront; b) impose requirements for advanced wastewater treatment technology on municipal Sewage Treatment Plants, with tertiary treatment and stringent nutrient limitations as minimum standards; c) in the absence of Provincial action with respect to municipal Sewage Treatment Plants, impose more stringent treated effluent emission limitations on large- scale Plants in the Great Lakes Basin, including the Duffin Creek Plant, to reduce contaminant emissions (i.e., nutrients, pathogens and chemical) into our finite, diminishing freshwater resources, including the embayment along the West Durham Waterfront on the north shore of Lake Ontario where the large Duffin Creek Plant is expanding to release increasing volumes of treated effluent in close proximity to the Ajax WSP intake for many decades ahead; Council Meeting Minutes - 9 - April 26, 2010 d) provide sufficient, sustained funds to conduct a further joint study of the sources and effects of contaminant discharges on water quality within the confined Great Lakes Basin watershed; and, e) direct Environment Canada and Health Canada researchers to continue to co-ordinate their work, costs and resources with fellow researchers at the Ontario Ministry of the Environment to consolidate their findings and identify effective actions that need to be taken to protect water quality; and, 6. THAT this report be forwarded to the Federal and Provincial Ministers of the Environment, the Minister of Research and Innovation, the Minister of Health, the Great Lakes and St. Lawrence Cities Initiative, the CTC Source Protection Committee, Toronto Region Source Protection Committee, Central Lake Ontario Source Protection Committee, Durham Region, the area municipalities in Durham Region, and Durham Region Members of Parliament and Members of Provincial Parliament.” I - 11 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, forwarding for information a copy of Report 2010-P-21 of the Commissioner of Planning with respect to Monitoring Growth Trends. I - 12 Sandra Kranc, City Clerk, City of Oshawa, writing to Debbie Shields, City Clerk, City of Pickering, advising that on April 6, 2010, Oshawa City Council adopted the following resolution of the Finance and Administration Committee pertaining to a Regional Integrity Commissioner: “1. THAT pursuant to City Council Referral FA-10-104 the City of Oshawa endorse the City of Pickering’s motion requesting the Region of Durham retain an Integrity Commissioner to serve the Region of Durham and area municipalities; and, 2. The Region of Durham be advised the City of Oshawa will accept its share of the cost on a per-use basis.” I - 13 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on April 6, 2010, Oshawa City Council received and filed correspondence dated March 23, 2010, from the Municipality of Clarington pertaining to Ballot Question – Election of Regional Chair. Council Meeting Minutes - 10 - April 26, 2010 I - 14 Ken Nash, President, Nuclear Waste Management Organization (NWMO) forwarding a copy of the Nuclear Waste Management Organization’s Annual Report for 2009, Moving Forward Together, Canada’s plan for the long-term management of used nuclear fuel, and a copy of Implementing Adaptive Phased Management 2010 to 2014, their annual five-year strategic Plan presenting highlights of their work program in seven key areas, and proposed activities to support continued progress; and, welcoming Council’s views on the contents of the Annual Report and Implementation Plan. I - 15 Greg Ashbee, P.Eng., Manager, Infrastructure Expansion Planning, Metrolinx, forwarding the Notice of Study Completion for the East Regional Bus Maintenance and Storage Facility Class Environmental Assessment and Preliminary Design Study; indicating based on the review of alternatives and consultation with stakeholders and agencies, the preferred potential location for the bus maintenance and storage facility has been proposed for 1002 Thornton Road South, Oshawa; advising that the Environmental Study Report (ESR) will be placed on public record for a duration of 45 calendar days from April 21 until June 7, 2010 and an electronic copy will be available at gotransit.com under the Expansion Projects. Paper copies will be available for viewing only at several locations within the study area including Oshawa City Hall, Whitby Town Hall, City of Oshawa Public Library, McLaughlin Branch and GO Transit. I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated March 4, 2010 Resolution #C-171-10 Moved by Councillor Trim, seconded by Councillor Novak THAT theMinutes of the Task Force for Attracting Higher Education Facilities dated March 4, 2010, be received for information; and THAT staff inform Council of the potential sites prior to presenting them to the Task Force. “CARRIED” Council Meeting Minutes - 11 - April 26, 2010 I - 16 Scott Lewis, Communications Manager, Canada Post Corporation, advising that as part of Canada Post’s ongoing commitment to ensure the safety of employees, customers and the general public, Canada post representatives will be conducting traffic safety assessments on all rural mail boxes in the country using a comprehensive traffic safety assessment tool; advising that a review of rural mailboxes in Orono will commence the week of April 19, 2010; indicating that customers on Orono delivery routes will be informed prior to the assessment and will be notified of the results; and, advising that it is Canada Post’s intention to maintain delivery to these rural mailboxes whenever possible and will only modify customer delivery modes as a last resort. Resolution #C-172-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item I - 6 from Scott Lewis, Communications Manager, Canada Post Corporation, concerning Rural Mail Safety Review be received for information; and THAT the Municipal Clerk contact Canada Post Corporation requesting that they place an information notice regarding the review in the local newspapers. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D - 14 was received as a hand out. Resolution #C-173-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 8 be approved as per the agenda. “CARRIED” D - 1 Orono BIA requesting the closure of Main Street between Centreview Street and Park Street on August 14, 2010, from 9:00 a.m. until 5:00 p.m. for the Annual Antiques and Art Street Festival and on Saturday, September 25, 2010, from 9:00 a.m. until 5:00 p.m. for the Chili Cook-Off. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 12 - April 26, 2010 D - 2 David Staples, Parade Chairman, Durham Central Fair (Orono) requesting permission to hold the Elementary School Parade on Friday, September 10, 2010 and the Fair Parade on Saturday, September 11, 2010; forwarding the map routes including beginning and ending times; and, indicating that proof of insurance coverage with the Municipality of Clarington and the Region of Durham as additional insured in the amount of $2 million will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 3 Larissa Gabriel, Administrative Assistant, The Canadian Hearing Society, requesting that the month of May be proclaimed as “Hearing Awareness Month” in order to promote public understanding and awareness of the needs of culturally deaf, oral deaf, deafened and hard of hearing Canadians and to emphasize the importance of protecting our hearing. (Proclaimed) D - 4 Udana Muldoon, Public/Media Relations, Pride Durham Volunteer Committee, requesting the week of June 6 to 13, 2010 be proclaimed as “PRIDE Week” in support of the fight against homophobia; and, requesting permission to fly the Rainbow Flag, the international symbol of gay, lesbian, bisexual, transgender and transsexual communities during the week. (Proclaimed and permission granted to fly the Rainbow Flag) D - 5 Philip Smith outlining the process regarding the Appeal of a Muzzle and Control Order placed on an unleashed dog who attacked his leashed dogs on December 21, 2009; indicating that the process is flawed in that he was not provided sufficient notice to enable him to attend the Appeal Hearing and as such the Muzzle and Control Order was quashed; and, suggesting that Council explore improving the by-law appeal process to ensure that this type of situation is not repeated. Mr. Smith is also requesting a copy of the minutes of the appeal hearing. (Correspondence referred to the Municipal Clerk) Council Meeting Minutes - 13 - April 26, 2010 D - 6 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury Clinic, requesting permission to stage the 2010 Terry Fox Run on Sunday, September 19, 2010, and requesting to hang the Terry Fox Run/Walk banner at the west end of Bowmanville at the railway bridge; indicating the routes, insurance and police coverage will be the same as last year; and that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street East to Lambs Road to Highway #2. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and approval granted to install banner and advise Veridian) D - 7 Georg Krohn tendering his resignation from the Clarington Traffic Management Advisory Committee due to personal time constraints and extending best wishes to the Committee. (Correspondence received with regret and referred to the Municipal Clerk) D - 8 Darlene Joslin, Chair, June as Recreation and Parks Month (JRPM), forwarding materials to help promote the benefits of recreation and parks within Ontario; indicating that JRPM is re-affirming its commitment to highlight the opportunities and values to participating in recreation, parks and the great outdoors and that communities that support this approach become “Community Ambassadors” enclosing information and resources to assist the Municipality in remaining involved; and, requesting that the month of June be proclaimed “Recreation and Parks” Month. (Proclaimed) D - 9 Debbie Shields, City Clerk, City of Pickering, writing to P. Madill, Regional Clerk, Region of Durham, advising that on March 29, 2010, the City of Pickering adopted the following resolution pertaining to Administration of the Provincial Offences Act (POA): “WHEREAS the Regional Municipality of Durham is responsible for the Intermunicipal Service Agreement (MSA) and the administration of the Provincial Offences Act (POA); and WHEREAS the revenues from POA’s received by the lower tier municipalities have been decreasing; and WHEREAS revenue sources outside of the property tax base are essential to municipalities to control property tax increases; and Council Meeting Minutes - 14 - April 26, 2010 WHEREAS the current weight assessment is 60% revenues distributed to lower tier municipalities and 40% of revenues distributed to Durham Region. However with the declining POA revenues perhaps the weight assessment should be reviewed and an assessment of 70% of revenues to lower tier municipalities and 30% of revenues to Durham Region be established; and NOW THEREFORE BE IT RESOLVED the Council for the City of Pickering request that the Region of Durham provide a detailed investigation into the declining POA revenues and provide this report to all Durham Regional municipalities; and THAT a copy of this resolution be forwarded to all Durham Region municipalities for endorsement and that this be circulated to Durham Regional Council once area municipalities have been able to make formal comments. Resolution #C-174-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the City of Pickering, with respect to Administration of the Provincial Offences Act (POA), be endorsed. “CARRIED” D - 10 Kim Coates, Clerk, Township of Scugog, advising Council that on March 29, 2010, the Township of Scugog adopted a resolution requesting support from area municipalities within Durham Region to identify the feasibility of changing the Municipal Council term back to three years. Resolution #C-175-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 10 from the Township of Scugog, with respect to changing the Municipal Council term back to three years, be received for information. “CARRIED” Council Meeting Minutes - 15 - April 26, 2010 D - 11 Kim Coates, Clerk, Township of Scugog, advising Council that on March 29, 2010, the Township of Scugog adopted the following resolution pertaining to Direct Election of the Regional Chair: “THAT a copy of Correspondence #246-10, the legal opinion provided by Loopstra Nixon regarding the Direct General Election of Regional Chair – Question for Election Ballot be forwarded to the Region of Durham as Scugog’s comments regarding the intention to pass a by- law to submit a question to the electors and to local municipalities within Durham requesting their support and to the Minister of Municipal Affairs for information.” Resolution #C-176-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 11 from the Township of Scugog, with respect to Direct Election of the Regional Chair, be received for information. “CARRIED” D - 12 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on April 6, 2010, Oshawa City Council adopted the following resolution pertaining to the Public Sector Salary Disclosure Act: “WHEREAS the Public Sector Salary Disclosure Act, commonly known as the Sunshine List, requires organizations that receive public funding from the Province of Ontario to disclose annually the names, positions, salaries and total taxable benefits of employees paid $100,000 or more annually; and, WHEREAS City Councils have an obligation and responsibility to advocate other levels of government on behalf of their constituents where issues affect them and their level of taxation directly; and WHEREAS the section listing municipal salaries shows no salary in excess of $325,000; and, WHEREAS numerous salaries over $325,000 are listed in other sections of the list; and, WHEREAS many citizens in Ontario feel that employees on this Public Sector list earning $325,000 and more annually is excessive; Council Meeting Minutes - 16 - April 26, 2010 THEREFORE BE IT RESOLVED THAT the Council of the City of Oshawa requests the Premier of the Province of Ontario to enact legislation that would create a salary cap of $325,000 to all individuals in the employment of the Public Sector who fall under the parameters of this Act; and, THAT a copy of this resolution be forwarded to the Regional Municipality of Durham, the Association of Municipalities of Ontario, Oshawa Metro Area MPP’s, and all Ontario municipalities with a population of 50,000 or more.” Resolution #C-177-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the City of Oshawa, with respect to the Public Sector Salary Disclosure Act, be received for information. “CARRIED” D - 13 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Dwight Duncan, Minister of Finance and to the Municipal Property Assessment Corporation, advising that on April 6, 2010, Oshawa City Council adopted the following resolution of the Finance and Administration Committee pertaining to Impact on Property Values of Green Initiative Renovations: “WHEREAS all home owners should be encouraged to renovate their homes utilizing ‘Green Initiatives’ for the betterment of the environment; and, WHEREAS ‘Green Initiatives’ stimulate the economy and create jobs; and, WHEREAS residents should not be penalized by having their properties increase in value for being environmentally mindful; THEREFORE BE IT RESOLVED, the Province of Ontario and Municipal Property Assessment Corporation (MPAC) be requested to investigate how property values are increased and establish a program where renovating homes utilizing ‘Green Initiatives’ does not increase the property assessment of the home; and, THAT a copy of this resolution be sent to MPAC, the Association of Municipalities of Ontario, Durham MPP’s, the Region of Durham and local area municipalities.” Council Meeting Minutes - 17 - April 26, 2010 Resolution #C-178-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the City of Oshawa, with respect to the Impact on Property Values of Green Initiative Renovations, be endorsed. “CARRIED” D - 14 Martha Rutherford Conrad, Executive Director, Clarington Museums and Archives advising of the resignation of the Programme Co- ordinator from the Clarington Museums and Archives and requesting approval to advertise and fill the position within the approved 2010 budget. Resolution #C-179-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from the Clarington Museums and Archives Board to advertise and fill the position of Programme Co-ordinator within the approved 2010 budget, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 19, 2010. Resolution #C-180-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of April 19, 2010 be approved. “CARRIED” STAFF REPORT(S) Resolution #C-181-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-015-10 be received; Council Meeting Minutes - 18 - April 26, 2010 THAT staff be authorized to proceed with the soil remediation clean up at Orono Operations Centre; THAT staff be authorized to proceed with the soil remediation clean up at Hampton Operations Centre, if the environmental assessment report indicates soil contamination levels in excess of the tolerance levels; THAT funds required for the soil remediation to an amount not to exceed $120,000.00 be drawn from the General Municipal Reserve Fund for Orono and Hampton Operations Centres; THAT funds required in excess of the $120,000.00 be drawn from funds available in the Operations Department Fleet Reserve Account after the purchase of equipment below budgeted amounts; THAT the actions taken by the Director of Operations and the Purchasing Manager with respect to the approval of preliminary site work by KLD Construction Limited, Ajax, Ontario, be endorsed; and THAT staff report to Council on the total soil remediation costs if the costs exceed the combined value of $100,000.00. “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 Resolution #C-182-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-049-10 be tabled to the May 17, 2010, General Purpose and Administration Committee meeting. “CARRIED” Resolution #C-183-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-009-10 be lifted from the table. “CARRIED” Council Meeting Minutes - 19 - April 26, 2010 Resolution #C-184-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-009-10 be received; THAT the change of ownership fee only, plus interest be refunded to Ms. McGuey; and THAT Ms. McGuey be advised of Council’s decision. “CARRIED” BY-LAWS Resolution #C-185-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2010-040 to 2010-049; 2010-040 Being a by-law to submit a question to the Electors at the Next Regular Municipal Election to Approve Council Resolution re Direct Election of Regional Chair 2010-041 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (John Peciak and Michael Caterina) 2010-042 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Robert McWilliam and Nick Koitsopoulos) 2010-043 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for municipal purposes for the year 2010 2010-044 Being a by-law to authorize the execution of the Memorandum of Understanding between the Corporation of the Municipality of Clarington and Don and Donna Adams, Gail and Chuck MacDonald, Shirley Fowler, Jean Severs, Edwin (Ted) and Lynda Bounsall, Gary Cole, Sharon Eccles and Judith Ginou Council Meeting Minutes - 20 - April 26, 2010 2010-045 Being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice 2010-046 Being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Part 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice 2010-047 Being a By-law to authorize the sale and transfer to 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice 2010-048 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems 2010-049 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1559306 Ontario Ltd.) THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER INFORMATION Councillor Trim welcomed Fred Horvath, Director of Operations back to work following his extended absence. Councillor Robinson expressed appreciation to Clarington Emergency and Fire Services for their quick action in fighting a rural fire this afternoon. Council Meeting Minutes - 21 - April 26, 2010 th Councillor Hooper requested Councillor Trim to comment on an April 26 article in the Toronto Star entitled “Plastic, glass and paper pile up as recyclers close” requiring Durham to divert three truckloads of glass to Montreal. Councillor Trim stated that prior to sending recycling to Unical in Brampton; the Region did send its glass to Montreal to be processed. He noted the industry is volatile and that because the Region’s product is clean, there are still markets available for it. Councillor Foster questioned Regional Councillors on whether a motion was passed by Regional Council requesting funding from the Province with respect to funding inequities regarding Children’s Aid Societies in light of the recent layoff of 31 employees from the Society. Councillor Novak responded that Regional Council, on March 31, 2010, adopted a motion to request the Province to provide equitable and appropriate funding for mandated services provided by the Durham Children’s Aid Society. Resolution #C-186-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the rules of procedure be suspended to allow for the introduction of a motion concerning 57 Mill Street, Newcastle. “MOTION LOST” CONFIRMING BY-LAW Resolution #C-187-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2010-050, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 26 day of April, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 22 - ADJOURNMENT Resolution #C-188-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 7:44 p.m. "CARRIED" April 26, 2010 f MAY MU CIP CLERK