Loading...
HomeMy WebLinkAbout09/20/2010 Council Meeting Minutes SEPTEMBER 20, 2010 Minutes of a regular meeting of Council held on September 20, 2010 at 7:00 p.m., in the Council Chambers. Councillor Robinson led the meeting in prayer. Prior to the start of the meeting, a moment of silence was observed to acknowledge Fallen Canadian Soldiers Corporal Brian Pinksen, Sapper Brian Collier, Master Corporal Kristal Giesebrecht, Private Andrew Miller, Sergeant James Patrick MacNeil, and Sergeant Martin Goudreault who lost their lives in the line of duty in Afghanistan since May, 2010. 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: Municipal Solicitor, A. Allison Manager of Transportation and Design, L. Benson Deputy Fire Chief, M. Berney Director of Community Services, J. Caruana 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 Communications Co-Ordinator, J. Vreeker, attended until 7:46 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Correspondence Items I - 31 and D-21. Council Meeting Minutes - 2 - September 20, 2010 ANNOUNCEMENTS Councillor Trim announced the following: ? The Region of Durham will be holding a Household Hazardous Waste event on Saturday, October 2, 2010 and an E-Waste event on Saturday, October 30, 2010. Both events will be held at the Clarington Operations Depot at 178 Clarke/Darlington Townline Road (Regional Road 42) from 8:00 a.m. until 12:00 noon. Councillor Novak announced the following: ? A Public Information Session on the proposed Courtice Trunk Sanitary Sewer will be held at the Garnet B. Rickard Recreation Complex on Wednesday, September 22, 2010 from 7:00 p.m. to 9:00 p.m. ? She visited with members of the One Change Group regarding their fuel efficiency initiative, designed to encourage motorists to adopt good tire maintenance and fuel efficiency, and distributed a pamphlet and keychain tire pressure gauge to Members of Council. Councillor Foster announced the following: ? September 25, 2010, is Family Safety Day at the Garnet B. Rickard Recreation Complex ? The Sport and Leisure Fair will be held on Thursday, September 23, 2010, at the Garnet B. Rickard Recreation Complex from 6:00 p.m. until 9:00 p.m. Councillor Hooper announced the following: ? He extended appreciation to the Ali family for adopting the municipality’s beachfront property and doing a major cleaning up of the beach on Saturday. th ? The 30 Annual Terry Fox Run took place on Sunday, with donations surpassing last year’s figures. Councillor Woo announced the following: ? September 24 to 26, 2010 is recognized as Culture Days in Canada and A gift of Art, Newcastle’s Artists and Artisans Gallery, will be showcasing the works of local artists and artisans ? He issued a reminder of upcoming Blood Donor Clinics being held in Orono on ththth October 5, Newcastle on October 12, and Bowmanville on October 27. Councillor Woo also indicated that the Newcastle Public School is having an honour clinic on November 13, 2010, in recognition of a local resident who passed away. th Councillor Robinson announced the 12 Annual Chili Cook-Off will be held this th Saturday, October 25 in Orono, with fun for the entire family. Council Meeting Minutes - 3 - September 20, 2010 Mayor Abernethy announced the following: ? The latest statistics confirm that Durham Region is following a provincial and national trend of gradually declining crime rates, noting Durham Region’s total crime rate fell 6.8 percent last year, the third year in a row it has declined locally. Mayor Abernethy stated Durham Regional Police Service is ranked fourth lowest of its nine comparable services in terms of total criminal code crime rates (excluding traffic). ? Two of Clarington’s firefighters, Aiden McConkey and Jason Hanson completed , the Ironman in Lake Placid, New York, on July 252010. Resolution #C-360-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on July 12, 2010 and the minutes of a special meeting of Council held on September 7, 2010, be approved. “CARRIED” PRESENTATIONS Paul Halliday, Chair, Task Force for Attracting Higher Education Facilities to Clarington, addressed Council to present the Task Force’s Final Report. Mr. Halliday introduced Reverend Dr. Dorcas Gordon, Deborah Patrick, Bill Humber and Pierre Tremblay, Members of the Task Force in attendance this evening. Mr. Halliday provided background information on the formation and composition of the seven- member Task Force comprised of senior executives/representatives from the education sector, large corporations, health sector and the community. He also acknowledged the participation of Mayor Abernethy, Linda Coutu, and the Acting Director of Planning Services. Mr. Halliday stated the Committee met monthly between September 2009 and June 2010, focusing on internally-generated reports, meeting with interested parties, including the Presidents of both Durham College and the University of Ontario Institute of Technology (UOIT), and also with a former college President experienced in establishing several satellite campuses for two different colleges in Ontario. Mr. Halliday confirmed that by spring, 2010, the Task Force had reached consensus on direction and a number of recommendations. He summarized the rationale for pursuing a higher education campus, indicating that the Municipality of Clarington is growing very strongly and within 25 years, Clarington will have a larger and diverse economy and, assuming that a high wage economy is desired, the educational and training needs of employees will be significantly higher than they are now as present and future employers will require skilled staff. Mr. Halliday indicated that OPG is predicting significant skill gaps as new projects are initiated and workers retire. He noted that a higher education campus brings social and cultural enrichment contributing to a more complete community. Council Meeting Minutes - 4 - September 20, 2010 He stated that currently Ontario is climbing out of a recession and capital investment will be restrained; however, this is cyclical, and there will be higher education campuses built in upcoming years and Clarington should actively pursue the development of such a campus within the municipality. Mr. Halliday confirmed that there will be competition and the municipality will need to implement a strategy over the next ten years to achieve success. The Task Force recommends that an appropriate arms-length agency be charged with the responsibility for developing and coordinating the implementation strategy, including an initial five-year business plan, planning and costing for the establishment of a storefront/main street higher education office, consulting with groups and leaders in all sectors of the community to achieve broad community consensus, inviting higher education providers to become partners and support development of niche offerings and partnerships in the community and that a Clarington Higher Education Foundation be established to raise funds to support the higher learning pursuits of Clarington residents and to develop capital. Mayor Abernethy expressed appreciation to Task Force members and staff involved in the initiative. Jane Eccles, 30-Year Member, Visual Arts Centre addressed Council expressing appreciation to staff and golfers participating in the Mayor’s 2010 Golf Classic Tournament. She stated the Visual Arts Centre is a catalytic place establishing itself in the arts community in Ontario and that visual arts is a quiet art overlapping with other disciplines. She noted the Mill still needs a lot of work and the donation will be put to good use. Ms. Eccles advised that Jean-Michel Komarnicki took a photograph of the Mill and called upon Craig Ryan, President, Visual Arts Centre, to present the photograph to Mayor Abernethy. Mayor Abernethy presented Jane Eccles, James Campbell, Executive Director and Craig Ryan, President, Visual Arts Centre, with a cheque in the amount of $30,000 representing the proceeds of the 2010 Mayor’s Golf Classic. Mayor Abernethy, on behalf of Council, presented Susanne Robinson with a congratulatory Certificate in recognition of her successful swim across Lake Ontario. Mayor Abernethy noted that this is Susanne’s second Great Lake swim, noting she swam across Lake Erie in 2007. Resolution #C-361-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow Libby Racansky to be added to the list of delegations. “CARRIED” Council Meeting Minutes - 5 - September 20, 2010 Resolution #C-362-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Libby Racansky to be added to the list of delegations. “CARRIED” DELEGATIONS Liola Limeback, resident of West Beach Roadand Tracey Tyner Cavanagh, resident , of Cove Road addressed Council concerning Correspondence Item D - 4 - Request for Speed Bumps on West Beach/Cove Road. Ms. Tyner Cavanagh indicated the speed limit of 50km per hour is too fast for the community. She noted that over the years the environment has changed as years ago the area was a private seasonal community with two thoroughfares. Currently many homes are now occupied year- round and it is now a dead-end road, assumed by the municipality. On a daily basis, activity varies with children waiting for school buses, and septic, water, service trucks and delivery trucks accessing the area. Through use of a PowerPoint presentation, Ms. Tyner Cavanagh and Ms. Limeback requested the installation of calming devices to ensure pedestrian and environmental safety. Ms. Tyner Cavanagh highlighted the results of a neighbourhood survey indicating that 96% of residents are concerned about the current state of traffic and 91% think traffic calming measures are required. Ms. Limeback confirmed that traffic on West Beach Road is increasing for various reasons. She noted the closure of Waverley Road funnels all traffic down West Beach Road and Cove Road and that many GPS devices mistakenly show Cedar Crest Road as being connected. There is also increased traffic from locals, visitors to the beach and those who have followed incorrect directions. Ms. Limeback highlighted areas of direct concern and strategies undertaken to date indicating that signage, awareness or educational attempts do not ensure safety. Ms. Limeback and Ms. Tyner Cavanagh requested the installation of speed bumps or speed humps because they feel these devices are the alternative that will work. Tim Tufts addressed Council concerning Correspondence Item D – 24 - Administrative Policy H18 – Political Activities with respect to use of municipal facilities during election campaigns. Mr. Tufts stated Town Hall meetings are informal public meetings giving people a chance for their voices to be heard He feels that residents should be able to be heard in their own communities and urged Council to rescind Policy H-18 to allow the use of municipal facilities for Town Hall Meetings and All Candidate Meetings. Council Meeting Minutes - 6 - September 20, 2010 Richard Ward addressed Council concerning Item 5 of Report #1 - Report PSD-096- 10 - Proposed Amendment to the Municipality of Clarington Official Plan to Incorporate the Requirements and Permissions Afforded to the Municipality as a Result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the Provincial Policy Statement, 2005. Mr. Ward stated that in 1996, he requested a commercial designation for his property and that the Council of the day neglected to explain why his refusal was ignored when a 40 acre parcel of farmland east of Orono was designated industrial, despite his request being legitimate and realistic. Mr. Ward indicated that in 2005, the Planning Services Department advised that he could not proceed with an application because of the implementation of the Oak Ridges Moraine Act and the Greenbelt Act. Mr. Ward advised that in 1996, his property taxes doubled, his garbage collection was terminated but he has been billed while refusing to pick up his garbage. Mr. Ward stated that he has been critical of applications coming forward, and despite his statements being proven correct, his character has been defamed and he was banned from the Municipal Administrative Centre for simply requesting a commercial designation on his property. Mr. Ward requested that Council direct staff to provide the designation on his property and then submit it to the Province to decide if it is inappropriate or not consistent with Provincial Bills and Acts. Councillor Hooper stated that Don Welsh, Member, Clarington Older Adult Association, had withdrawn his request to address Council. Steve Simic addressed Council concerning Correspondence Item D – 24 - Administrative Policy H18 – Political Activities. Mr. Simic stated he agrees with Mr. Tufts regarding the use of Municipal facilities during campaign periods and feels that Policy H-18 goes beyond its purpose and sends the electorate a mixed message. Mr. Simic feels that Section 2(f) has been over zealously interpreted by restricting the holding of Town Hall meetings, regardless of who organizes the debate. Mr. Simic feels that Policy H-18 is undemocratic and is contrary to what other municipalities permit. He expressed concern that members of a service club who use municipal facilities and who have invited candidates to a meeting would be in contravention of the policy. Mr. Simic stated Town Hall gatherings offer the ability to hold rallies and demonstrate freedom of speech. He feels the Municipality should be encouraging citizens to vote and that Policy H-18 should be rescinded sending a message that Council believes in an open and inclusive government. Libby Racansky addressed Council further to her delegation at the General Purpose and Administration Committee meeting of September 13, 2010, concerning Report PSD-096-10 – Application to Amend the Clarington Official Plan. Ms. Racansky stated that following a telephone call to the Province, she has been advised that only the approximate built-up boundary was forwarded to the Region of Durham and that the Region introduced incorrectly both the greenfields and the built-up boundaries. Council Meeting Minutes - 7 - September 20, 2010 Ms. Racansky requested Council to have the mapping corrected and to delete any mapping from the Special Study Area, set apart the areas of provincially significant wetlands, significant forests with their setbacks prior to mapping the greenfields and built-up areas, establish a Clean Air By-law, improve the current Tree Protection By- law and include urban tree protection and that a Collective Age Replacement Strategy is needed to improve air quality and to reach the Regional Tree cover target according to the latest Regional Official Plan. Ms. Racansky requested that staff review lighting in the development area and the use of grey water and to create a community for all. Resolution #C-363-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:41 p.m. COMMUNICATIONS Resolution #C-364-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 13, I - 21, I - 23, I - 25, I - 26, I - 31, I - 32 and I - 34. “CARRIED” I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated April 15, 2010 I - 2 Minutes of the Ganaraska Region Conservation Authority dated June 17, 2010 I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated June 18, 2010 I - 4 Minutes of the Task Force for Attracting Higher Education Facilities dated June 29, 2010 Council Meeting Minutes - 8 - September 20, 2010 I - 5 The Honourable Brad Duguid, Minister, Ministry of Energy and Infrastructure, thanking Mayor Abernethy for hosting his meeting with the Clarington Board of Trade; expressing appreciation for the gift of a framed picture of Orono; and, advising that the Ministry looks forward to strengthening relationships with their partners in Clarington and continuing to work together to create a brighter, more sustainable future for all Clarington residents and all Ontarians. I - 6 John R. O’Toole, MPP, Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, forwarding a copy of correspondence dated June 2, 2010, from Roger Anderson, Regional Chair, Region of Durham, responding to the Minister of Transportation’s June 29, 2010, letter to the editor of the Peterborough Examiner regarding the phasing of the 407 Extension and terminus at Simcoe Street in Oshawa, and requesting to meet with the Premier and the Ministers of Transportation and Energy and Infrastructure; advising that he agrees that the Minister’s letter does not address concerns of citizens and all stakeholders over the adverse impacts of failing to complete the eastward extension of Highway 407 according to the original plans and the Environmental Assessment; and, indicating his support for a meeting with the Premier and the Ministers to address urgent concerns associated with the Highway 407 East Extension. I - 7 Roger Anderson, Chair, Region of Durham, Jim Abernethy, Mayor, Municipality of Clarington, John Gray, Mayor, City of Oshawa, Dave Ryan, Mayor, City of Pickering, and Pat Perkins, Mayor, Town of Whitby, writing to the Honourable Jim Flaherty, Minister of Finance, Department of Finance Canada, advising that the announcement by the Province of Ontario regarding the 407 East completion provides that less than one third of the project will be built, many interchanges will be deleted and the anticipated date of completion of this portion will be 2015; indicating that under the 2007 FLOW funding agreement, the Province agreed to construct the 407 East extension from Brock Road to Highway 35/115 by 2013 in exchange for federal contributions to several transit projects in the GTA; advising that recent announcements by the Province indicate they have unilaterally abandoned their commitment to completing the 407 by 2013; and, advising that the Mayors of Pickering, Oshawa, Whitby and Clarington and the Regional Chair believe this breaches the terms of the federal-provincial agreement and sets a dangerous precedent whereby one level of government unilaterally changes or ignores an agreement with another level of government without consequences; and, respectfully requesting the Minister’s insight and input on this matter to ensure that the 407 is constructed to service the Region’s current and future needs. Council Meeting Minutes - 9 - September 20, 2010 I - 8 Correspondence has been received from the following businesses/organizations expressing disappointment regarding the Province’s announcement to incrementally construct the 407 East with phase 1 terminating at Simcoe Street in Oshawa; indicating that the continuation of the 407 extension to Highway 35/115 is imperative as the Municipality prepares for tremendous growth within all industries; and, requesting that the Highway 407 extension from Brock Road in Pickering to Highway 35/115 be built as one continuous project: (a) Randy Henry, President, Courtice Flea Market (b) Robert Hann, President, Halloway Developments Limited and Valiant Rental Properties Limited (c) Paulina Alamo, General Manager, Holiday Inn Express & Suites (d) Dr. James Hadden, Clarington Chiropractic Clinic (e) Stephen G. Scatterty, Managing Partner, Insch Wealth Management (f) Elaine Garnett, General Sales Manager, CHEX TV Channel 12 Durham (g) Kurt Henry, Mortgage Agent, The Mortgage Centre (h) Greg Lewis, Agent, State Farm Insurance and Financial Services (i) Mike Gazo, Perfect Party Inc. (j) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd. I - 9 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, thanking Council for expressing their concerns regarding the 407 east extension project and the Province’s recent decision to phase construction and delay the highway’s completion until an unknown date; indicating that the Region completely agrees that the Province should meet their original commitment to build the entire east extension to Highway 35/115; and, advising that the Region has urged the Premier and the Ministers of Transportation and Energy and Infrastructure to reconsider this decision. I - 10 J. Murray Jones, Warden, County of Peterborough, writing to the Honourable Dalton McGuinty, Premier of Ontario, expressing concern with the Province’s recent decision to take a phased approach to extending Highway 407; indicating the extension of Highway 407 is an integral component of the Province’s Growth Plan; advising that the current movement of goods to and from the Peterborough area is beyond the existing infrastructure’s capacity and the connection of Highway 407 to Highway 115 is an essential transportation corridor to ensure the appropriate economic development of the Peterborough area; and, respectfully requesting the Province to move this project to completion by 2013 as originally promised to Durham and Peterborough citizens. Council Meeting Minutes - 10 - September 20, 2010 I - 11 Major Roland Murphy, Community & Family Services Coordinator, The Salvation Army Bowmanville, writing to Bryan Bickell thanking him for requesting donations to the food bank during the Stanley Cup Parade in Orono; and, advising that 1000 pounds of food and $595 in monetary donations were collected and equally divided between the three food banks in the area. . I - 12 Wanda Secord, Executive Director, Durham Children’s Aid Society, thanking Council for their support regarding equitable and appropriate funding for Durham Children’s Aid Society; and indicating that unfortunately, the provincial government’s funding envelope for child welfare has not changed from last year and therefore the Durham CAS is projecting an additional $2.5 million deficit for fiscal year 2010-11, even with reducing their total staff complement by 8% and significant cost containment. An update of their situation will be provided once their final budget is approved. I - 14 Kathleen Wynne, Minister of Transportation, writing to Mayor Paul Ayotte, City of Peterborough, responding to his correspondence regarding the Highway 407 extension, indicating that projects of this size and complexity are typically built in stages, the environmental assessment has been approved with conditions, out to Highway 35/115, and that work on meeting these conditions is already underway; and, indicating that the Ministry will work with the Region of Durham, local municipalities, First Nations communities and other stakeholders to assess the impact to the local traffic network of ending the Highway 407 East extension at Simcoe Street and to develop options for discussion on how to accommodate additional traffic on local roads. I - 15 Agatha Garcia-Wright, Director, Environmental Assessment and Approvals Branch, Ministry of the Environment, thanking Council for inquiring about the status of the Durham and York Residual Waste Study Amended Environmental Assessment (EA); advising that the Notice of Completion of the Ministry review of the EA was issued on February 19, 2010, initiating a five week comment period; indicating that the EA process for this proposal is not yet complete and no decisions have been made about its approval; and, that the Municipality will be notified of all subsequent notices from the Ministry of the Environment and advised when a decision has been made. I - 16 Jerry Ouellette, M.P.P., Oshawa, sharing his concerns regarding the Highway 407 extension becoming a two phase project, noting that there was no indication during the EA process that the project would be split; indicating that he is a big supporter of the extension; and, forwarding a copy of the Hansard recording of his question about a firm commitment to a completion date of 2012 to Minister Caplan during Question Period in the Ontario Legislature, who confirmed a completion date of 2013. Council Meeting Minutes - 11 - September 20, 2010 I - 17 Jim Chan, Project Manager, Canadian Environmental Assessment Agency, advising of amendments to the Canadian Environmental Assessment Act, regarding changes to roles, responsibilities and process steps for the proposed 407 East Transportation Corridor project; indicating as part of the amendments, the Canadian Environmental Assessment Agency will perform the duties and functions of the responsible authority in relation to the project until the submission of the comprehensive study report to the Ministry of the Environment; forwarding a Public Notice inviting comments on the Comprehensive Study Guidelines document describing the requirements of the comprehensive study process; and, advising that comments received by August 20, 2010, will become part of the public registry. I - 18 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW), regarding the Canadian Postal Service Charter which outlines the federal government’s expectations for Canada Post in regard to service standards and other matters; stating that CUPW believes the document needs to be dramatically improved, especially in relation to the moratorium on rural closures; and, requesting Council to encourage Canada Post to rethink its policies and practices by passing resolutions protesting the service and job cuts at Canada Post and endorsing a socially responsible vision of Canada Post, as outlined in the People’s Postal Declaration. I - 19 Linda Duffie, Duck Derby Committee Chair, Bowmanville Lions Club, extending appreciation to their corporate sponsors for helping to make the th 15 Annual Rubber Duck Derby a success; forwarding a Certificate of Appreciation to the Municipality of Clarington; and, looking forward to the municipality's continued involvement next year. I - 20 John R. O’Toole, M.P.P., Durham, writing to the Honourable Carol Mitchell, Minister of Agriculture, Food and Rural Affairs, regarding Council’s support of the Region of Durham’s application to the Rural Connections 2010 program for broadband access; and, indicating his full support of the application and that he agrees that broadband services are a high priority for businesses and residents of Clarington. I - 22 Tracey Tyner Cavanagh, Accessibility Co-ordinator, Region of Durham, expressing appreciation to Council on behalf of the members of the Region's Accessibility Advisory Committee and the local municipal Accessibility Advisory Committees for the financial contribution and support of the Accessibility Expo held on June 17, 2010 and for their continued efforts to achieve a fully accessible community. Council Meeting Minutes - 12 - September 20, 2010 I - 24 Scott Lewis, Communications Manager, Canada Post Corporation, sharing the results of the 2009 Rural Mail Safety Review in Bowmanville indicating that 665 rural mailboxes passed the assessment, requiring no modification, 240 rural mailboxes required relocation, 179 rural mailboxes will be reassessed at a later date, and 180 rural mailboxes were required to be centralized into community mailboxes; forwarding a Municipal Fact Sheet on Rural Mail Safety Review; and, indicating that further information is available by calling 1-866-501-1669 or visiting www.canadapost.ca/ruralmail. I - 27 The Honourable John Gerretsen, Minister of the Environment, advising of the Province's commitment to implement a more effective process for infrastructure projects by combining environmental assessment and land use planning requirements into a single process in which proponents can streamline their efforts and more effectively meet the requirements of both the Planning Act and the Environmental Assessment Act; and, indicating the enhanced, integrated process will recognize the inter-relationships among economic, environmental and social factors that are currently considered through existing planning processes and will be an effective tool for businesses and municipalities while maintaining a high level of environmental protection. I - 28 Megan Cramer, Community Development Assistant, Community Development Council Durham, forwarding a copy of a report entitled "Enhancing the Social Planning and Research Capacity of North Durham and Clarington: A Community Social Profile and Needs Assessment" providing a social profile of North Durham and Clarington and summarizing the feedback gathered from focus groups and interviews conducted with local agencies and community members on the needs and expectations for future social planning and research. I - 29 Thomas B. Hodgins, Commissioner, Development Services Department, City of Oshawa, writing to Patrick Chan, Project Manager, 407 East Transportation Corridor Project, providing the City of Oshawa's comments on the commencement of a Federal Environmental Assessment (EA) for the 407 East Transportation Corridor Project. I - 30 John R. O'Toole, MPP, Durham, writing to the Honourable Laurel Broten, Minister of Children & Youth Services, forwarding a copy of Council's resolution (supported by the Townships of Scugog and Uxbridge) in support of equitable and appropriate funding for mandated services provided by the Durham Children's Aid Society and requesting the Minister's response to the resolution. Council Meeting Minutes - 13 - September 20, 2010 I - 33 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence he received from the Honourable Kathleen Wynne, Minister of Transportation (MTO), confirming fears that the Highway 407 extension eastward to Oshawa will be delayed until 2015 and that there is no indication when the final link to Highway 35/115 will be completed; advising that the Minister has indicated that MTO will work with municipalities and other stakeholders to address traffic problems resulting from ending the Highway 407 extension at Simcoe Street; and, advising that he will work with municipalities, businesses, commuters and all stakeholders who are attempting to convince the Minister and the Provincial government to complete the Highway 407 extension to Highway 35/115 as planned and promised. I - 35 John R. O’Toole, MPP, Durham, writing to the Honourable John Gerretsen, Minister of the Environment, forwarding Council’s resolution pertaining to the proposed Water Opportunities Act and Water Conservation Act, indicating that he is in support of Council’s position and urges the Province to include input by the Region and the Municipality of Clarington in the Water Opportunities Act. I - 36 John R. O’Toole, MPP, Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, forwarding a copy of correspondence to Canada’s Minister of Finance by the Regional Chair of Durham and Mayors of municipalities through which Highway 407 currently runs or will run in the future in which the Chair and Mayors believe that the provincial government’s decision to only partially build the final leg of Highway 407 breaches the terms of the federal-provincial agreement announced November 27, 2009; indicating that he supports the civic leaders, businesses, commuters and all stakeholders who know the importance of a timely completion of Highway 407 as promised in the 2007 FLOW funding agreement; and, urging the Premier to work with the local and federal branches of government to fully reinstate the schedule and plans for Highway 407. I - 37 Sharon Bailey, Director, Land and Water Policy Branch, Ministry of the Environment, thanking Council for their comments and recommendations regarding the proposed Water Opportunities and Water Conservation Act, 2010, if passed, would establish a framework to drive innovation, create economic opportunities, sustain water infrastructure, conserve Ontario’s water and lay the foundation for new Ontario jobs and make Ontario a North American leader in the development and sale of new technologies and services for water conservation and treatment. Additional information regarding the proposed legislation is available at www.ene.gov.on.ca/en/water/opportunities/index.php. Council Meeting Minutes - 14 - September 20, 2010 I - 13 Mayor Pat Perkins, Town of Whitby, writing to the Assistant Deputy Minister, Accessibility Directorate of Ontario, expressing concern regarding the significant impact the loss of full service gas stations is having on people with disabilities in the Town of Whitby and across Ontario; indicating that the Customer Service Standard implemented under the Accessibility for Ontarians with Disabilities Act goes a long way to addressing the needs of Ontarians with disabilities but does not come into effect for businesses until 2012 and does not specifically address the mobility needs of people with disabilities at gas stations; and, advising that in order to meet the Provincial commitment to create an inclusive environment for people with disabilities, more practical and specific direction is needed now; and, respectfully requesting to be advised as to what the Ministry can do to ensure that seniors and persons with disabilities continue to have equitable access to gas pumps that are essential to addressing their independent mobility needs. Resolution #C-365-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item I – 13 from the Town of Whitby, with respect to the impact of the loss of full service gas stations, be referred to the Clarington Accessibility Advisory Committee for comment. “CARRIED” I - 21 John R. O’Toole, M.P.P., writing to the Honourable Brad Duguid, Minister of Energy & Infrastructure Renewal, regarding Council’s position against the use of cooling towers at the units planned for the new Darlington Generating Station; encouraging the Minister to support Council’s position and use the lakewater cooling system instead of the cooling towers; and, requesting the Minister to advise what steps will be taken to ensure the Darlington “new build” is constructed in accordance with the wishes of the community. Resolution #C-366-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 21, from John O’Toole, MPP, Durham, with respect to Council’s position to use the lakewater cooling system instead of the cooling towers at the units planned for the new Darlington Generating Station, be endorsed. “CARRIED” Council Meeting Minutes - 15 - September 20, 2010 I - 23 John Schindler, President and Chair, Ontario Society of Professional Engineers, providing Council with a copy of a joint statement of the Ontario Society of Professional Engineers (OSPE), the Society of Professional Engineers and Associates (SPEA), the Ontario Nuclear New Build Council, the Chalk River Professional Employees Group (CRPEG), the Chalk River Employees Ad-hoc Task Force (CREATE) and the Chalk River Technicians and Technologists (CRTT) on the future of Canada’s nuclear sector which was prepared for the federal Minister of Natural Resources in response to the recent passage of Bill C-9 authorizing the restructuring of Atomic Energy of Canada; recognizing that the restructuring of AECL is a necessary step in restoring the competitiveness of Canada's nuclear sector but expressing concern about the impacts of restructuring on Canadian- owned intellectual property and engineering employment; advising the joint statement will be shared with key Federal and Provincial decision-makers; and, requesting Council's support of these principles and inclusion of the Municipal logo on the submission to the Minister. Resolution #C-367-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I – 23 from John Schindler, President and Chair, Ontario Society of Professional Engineers, with respect to the future of Canada’s Nuclear Sector, be referred to staff. “CARRIED” I - 25 Mirka Januszkiewicz, Director of Waste Management Services, Region of Durham, advising of a project to distribute one new 22 gallon blue box for recyclable containers to each household in Durham to improve the quality and efficiency of Durham's two-stream (containers and fibres) blue box collection system; advising that the new blue box will feature graphics to illustrate that it is intended for recyclable containers only, not paper products; and, indicating that delivery is scheduled to commence the week of September 27th and that an extensive promotion and education strategy including news releases, advertising, website updates and TV interviews will begin in early September and continue through to the first week of November. Resolution #C-368-10 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item I - 25, from Mirka Januszkiewicz, Director of Waste Management Services, Region of Durham, with respect to additional Blue Box distribution, be received for information. “CARRIED” Council Meeting Minutes - 16 - September 20, 2010 I - 26 Lori Osborne, expressing concern with the logistics of the open house for Zep Energy held on July 27, 2010, in Orono; indicating that there were over 70 people who were not able to access the meeting due to fire regulations and who were not able to have their voices heard and their questions answered; stating that she feels that the meeting should have been rescheduled to a more appropriate venue; advising that she has valid questions and concerns regarding setbacks and the lack of research completed on Wind Turbines; indicating that the process is unacceptable considering the possible impact to her life and agricultural operation; and, questioning how she can be assured that her family's concerns will be addressed. Resolution #C-369-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item I - 26 from Lori Osborne, with respect to Wind Turbines, be referred to the Ministry of Energy and Infrastructure, the Ministry of the Environment and to John O’Toole, MPP, Durham. “CARRIED” Councillor Novak stated a pecuniary interest with respect to Correspondence Item I - 31 as a former employer of hers is mentioned in the correspondence and refrained from voting on the correspondence. I - 31 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to Industry Canada, advising that on August 23, 2010, the Township of Brock adopted the following resolution pertaining to proposed replacement of long-form census: “RESOLVED THAT the Council of the Township of Brock express its dismay and disappointment to the Federal Government concerning the proposed changes to the long-form census as currently administered by Statistics Canada and that this be circulated to our MP and other municipalities.” Resolution #C-370-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 31 from Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, with respect to the proposed replacement of the long-form census, be endorsed. “CARRIED” Council Meeting Minutes - 17 - September 20, 2010 I - 32 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade/Office of Economic Development, advising that the Municipality of Clarington has been fortunate to have significant infrastructure investment announcements for the community including the 407 extension, the proposed new nuclear project at Darlington and the extension of the GO Train service to Bowmanville; indicating that it is essential that action be taken on these announcements; encouraging the Federal Government to ensure that decisions with AECL be at the forefront in planning as the New Nuclear Build Project will outflow benefits for the municipality, the Region and the Province and will set Canada as a leader in the global nuclear community; advising that the extension of the 407 to 35/115 is essential to ensure effective and timely movement of goods; and, recommending that action be taken to ensure the New Nuclear Build Project moves forward without delay, that the 407 extension be completed to Highway 35/115, and that programs be developed to support the servicing of employment lands in Clarington. Resolution #C-371-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Council endorse the position of the Clarington Board of Trade/Office of Economic Development with respect to the Board of Trade’s encouragement of the Federal Government to ensure that decisions with AECL be at the forefront in planning with respect to the proposed new nuclear project at Darlington; and THAT Sheila Hall, Executive Director, Economic Development Officer, and the Clarington Board of Trade be thanked for their efforts in this regard. “CARRIED” I - 34 John R. O’Toole, MPP, Durham, writing to the Honourable Jim Bradley, Minister of Municipal Affairs & Housing, forwarding Council’s resolution regarding the Province covering costs of appeals to the Ontario Municipal Board resulting from policies in the provincial Places to Grow Act; indicating that he agrees that Ontario municipalities should not be expected to pay the costs associated with defending planning policies that originate with the Province; and, indicating that would appreciate being copied on the Minister’s response. Council Meeting Minutes - 18 - September 20, 2010 Resolution #C-372-10 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item I - 34, from John O’Toole, MPP, Durham, with respect to Council’s position that Ontario municipalities should not be expected to pay the costs associated with defending planning policies that originate with the Province be endorsed. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 25, D - 26, D - 27 and D - 28 were received as Hand-outs. Resolution #C-373-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 14 and Hand-out Correspondence Items D - 27 and D - 28 be approved as per the agenda, with the exception of Correspondence Items D - 4 and D - 9. “CARRIED” D - 1 Fred Hahn, President, Canadian Union of Public Employees (CUPE) and Tracy Saarikoski, President, The Ontario Coalition for Better Child Care (OCBCC) requesting that Wednesday, October 27, 2010, be proclaimed as “Child Care Worker & Early Childhood Educator Appreciation Day” in Clarington, in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. (Proclaimed) D - 2 Terryl Tzikas, Chairperson, Bowmanville Santa Claus Parade, requesting th permission to hold the 49 Annual Community of Bowmanville Santa Claus Parade on Saturday, November 20, 2010, beginning at 10:30 a.m.; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; highlighting the parade route; and, thanking all involved for their continued support in making the parade a great success. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 19 - September 20, 2010 D - 3 Terryl Tzikas, Chairperson, Bowmanville Santa Claus Parade, requesting a th Municipal Law Enforcement Officer be in attendance at the 49 Annual Community of Bowmanville Santa Claus Parade on Saturday, November 20, 2010, to address the issue of people selling articles to parade spectators during the event. (Correspondence referred to the Municipal Clerk) D - 5 John Greenfield, Sergeant At Arms, Branch 178 Royal Canadian Legion, requesting permission to hold their annual Remembrance Day Parades and Services on November 5, 2010 in Newtonville, November 7, 2010 in Orono, November 11, 2010 in Newcastle and November 11, 2010, in Bowmanville. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 6 Donald G. Duthie, Committee Chairman, 172 Royal Canadian Air Cadets of Clarington, requesting permission to hold Fall Tag Days on September 30, October 1 and 2, 2010. (Approved for Tag Days September 30, October 1 and 2, 2010) D - 7 Elaine Simpson tendering her resignation, with regret, as Vice-Chair of the Clarington Accessibility Advisory Committee, due to personal commitments and extending appreciation and best wishes to members of the Committee for their future endeavours. (Correspondence referred to the Municipal Clerk) D - 8 Beth Cullen Keidann, Public Health Nurse, Region of Durham, advising October is recognized as “International Walk to School Month” and th Wednesday, October 6 is known as “International Walk to School Day th (IWALK)”; inviting the residents of Clarington to participate in the 10 Annual IWALK events such as walking, cycling and wheeling as a means by which to get to and from school; highlighting the benefits of participating in active transportation; and, encouraging the Municipality to proclaim the th month of October as “Walk to School Month” and October 6 as “International Walk to School Day”. (Proclaimed) Council Meeting Minutes - 20 - September 20, 2010 D - 10 Newcastle BIA requesting the closure of King Avenue East from Baldwin Street to Beaver Street, Church Street from King Avenue to Emily Street and Mill Street from King Avenue to Emily Street, on Saturday October 2, 2010, from 6:00 a.m. until 5:00 p.m. for the annual Fall Festival. (Approved, provided the Organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 11 Don Head, Commissioner, Correctional Services Canada, requesting the week of November 14 to 21, 2010, be proclaimed as “Restorative Justice Week”, in recognition of the concrete learning and results that have come from the experience of practitioners and stakeholders in the application of a restorative justice approach encouraging accountability, reparation and a movement towards understanding, feelings of satisfaction, healing and a sense of closure for those affected by crime and conflict. (Proclaimed) D - 12 Larry Ng, P.Eng, Project Manager, SNC?LAVALIN Inc. (SLI), advising SLI was retained by the Ministry of Transportation to complete the design services for the removal/demolition of the Highway 401/CNR Spur line bridge located within Clarington; requesting an exemption to the Noise By- law 2007-071 from the hours of operation to allow flexibility for construction to be undertaken seven (7) days per week, including statutory holidays for the four month contract from April 2011 to July 2011; and, advising that two overnight full closures of Highway 401 will be required for the bridge removal, as well, partial lane closures of the highway and night time work before and after the closure for site preparation and clean-up work. (Exemption to the Municipality’s Noise By- law for the period April to July 2011, approved) D - 13 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, the Honourable Leona Dombrowsky, Minister of Education, Tony Haddad, President, Association of Municipal Managers, Clerks and Treasurers of Ontario, Norman Sandberg, President, Association of Municipalities of Ontario and Taylor Gunn, Student Vote advising that during Student Vote and Local Government Week, October 17 to 23, 2010, Student Vote, a non-profit, non-partisan organization that works with educators to engage young Canadians in the democratic process, in partnership with the Province of Ontario will run the first ever province-wide municipal and school board election program for youth under the voting age; indicating that participating schools will receive a Student Vote election kit with resources, an electoral guide, and posters, along with Local Government Council Meeting Minutes - 21 - September 20, 2010 Week resources guide; advising that the focus of the 2010 Local Government Week is the Student Vote program, suggesting that municipalities engage and plan activities with schools during the remainder of the school year; and, requesting the municipality to join in celebrating Local Government Week and encourage schools to participate in the Student Vote 2010 municipal and school board election program. (Correspondence referred to the Municipal Clerk) D - 14 Lisa Lucchese advising of the dangers for children crossing the intersection of Bloor Street and Roswell Drive due to the speed and volume of traffic and requesting the installation of traffic lights to address these safety concerns. (Correspondence referred to the Director of Engineering Services) D - 27 Victor Labreche, MCIP, RPP, Senior Principal, Labreche Patterson & Associates Inc. forwarding comments on behalf of his clients A & W Food Services of Canada Inc., McDonald’s Restaurants of Canada Ltd., the TDL Group Corp. (operators and licensors of Tim Hortons restaurants), Wendy’s Restaurants of Canada and their industry association – Ontario Restaurant Hotel and Motel Association, on Report PSD-094-10 – Courtice Main Street Master Development Plan. (Correspondence referred to the Director of Planning Services) D - 28 Gowling Lafleur Henderson, LLP, Barristers & Solicitors, forwarding comments on Report PSD-094-10 – Courtice Main Street Master Development Plan. (Correspondence referred to the Director of Planning Services) D - 4 Iain Maciver requesting the installation of speed bumps on West Beach/Cove Road as a traffic calming measure to address safety concerns with increased traffic and speed of vehicles in the neighbourhood. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes - 22 - September 20, 2010 Resolution #C-373-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT the delegation of Tracey Tyner Cavanagh and Liola Limeback and Correspondence Item D – 4 from Iain Maciver, requesting the installation of speed bumps on West Beach/Cove Road, be referred to the Director of Engineering Services and the Director of Emergency Services/Fire Chief; and THAT staff meet with Iain Maciver, Tracey Tyner Cavanagh and Liola Limeback to investigate traffic calming measures. “CARRIED” D - 9 Grant Algar requesting an extension to Building Permit No. 08.0509 for 4327 Fices Road until November 30, 2010, due to difficulty obtaining materials and the availability of tradespersons for installation. Resolution #C-374-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Grant Algar be granted an extension for the use of temporary living quarters at 4327 Fices Road until January 31, 2011 subject to the signing of a further letter of undertaking . “CARRIED” D - 15 Tom Langmaid, Chair, Brownsdale Hall Board, advising that Brownsdale Hall Board did not submit an application for a community grant in 2010 as the Board was under the mistaken impression that community grants were not to be used for operational expenses; acknowledging that the Board has missed the due date for the community grant process; forwarding a completed Community Grant application; and, requesting Council to consider their grant request. Resolution #C-375-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the letter and grant application from the Brownsdale Community Centre be received; THAT a grant in the amount of $2,500 be awarded to the Brownsdale Community Centre; and THAT Mr. Tom Langmaid, Chair, Brownsdale Community Centre be advised. “CARRIED” Council Meeting Minutes - 23 - September 20, 2010 D - 16 Gary Carr, Regional Chair, Regional Municipality of Halton, advising Council that on July 14, 2010, Halton Region adopted the following resolution pertaining to Request to the Province to Cover all Appeal Costs to the Ontario Municipal Board for Growth Plan Conformity Exercises: “WHEREAS the Province of Ontario initiated and passed the Places to Grow Act; AND WHEREAS pursuant to that Provincial initiative under the Places to Grow Act, the Province issued a Provincial Growth Plan for the Greater Toronto Area and pursuant to that Act requires municipalities at the Regional and Local levels to amend their Official Plans to bring them into conformity with that Provincial Growth Plan; AND WHEREAS any Official Plan passed to achieve conformity with the Provincial Growth Plan must be approved by the Province; AND WHEREAS the Province permits appeals of its approval decisions on Regional and Local Official Plans regarding conformity to be appealed to the Ontario Municipal Board despite the fact that any appeals of the Growth Plan itself are handled by way of a Hearing Officer who reports to the Province and the Province makes the final Decision; AND WHEREAS the defence of any Regional and/or Local Official Plan to achieve conformity the Provincial Growth Plan can be a long and costly process in front of the Ontario Municipal Board; AND WHEREAS municipalities are expected to defend their Official Plans for conformity at the Ontario Municipal Board despite the fact that the municipalities have to pass those municipal official plans by reason of the Provincial Places to Grow Act; AND WHEREAS in Halton, the Region of Halton has passed Regional Official Plan Amendments #37 and 38 as required by the Places to Grow Act and in the case of Regional Official Plan Amendment #37 that amendment was approved by the Province and then appealed by development interests to the Ontario Municipal Board and the same is likely to occur with Regional Official Plan Amendment #38 and with some if not all of the corresponding local official plan amendments; AND WHEREAS even without any appeals to the Ontario Municipal Board there are significant costs for municipalities participating in the Provincially required Growth Plan conformity exercises pursuant to the Places to Grow Act; Council Meeting Minutes - 24 - September 20, 2010 AND WHEREAS such municipalities should not have the added cost of participating in OMB appeals of the various Regional and Local Official Plans produced in compliance with Provincial requirement for conformity with the Provincial Growth Plan; AND WHEREAS the Province itself, in defending its Growth Plan and indeed other Provincial Plans such as the Greenbelt Plan has only hearing officer report exercises in response to changes and amendments sought by others to its Provincial Plans such as the Growth Plan and the Greenbelt Plan. NOW THEREFORE BE IT RESOLVED: 1. THAT the Province of Ontario be requested to take responsibility for any Ontario Municipal Board appeal hearings related to any approvals of Regional and Local Official Plan Amendments that are passed pursuant to the Places to Grow Act in order to achieve conformity with that Act such that all costs related to defending a Growth Plan Conformity exercise before the Ontario Municipal Board are covered by the Province including the retention of any legal counsel, planning consultants, and other consultants and witnesses and also the time for Provincial or Regional or Local staff required as part of any defence before the Ontario Municipal Board. 2. THAT the Province of Ontario be requested to provide “intervener funding” to any municipalities affected by the appeal of any Growth Plan conformity, Official Plan amendment to the Ontario Municipal Board so as to enable the municipalities involved to defend their positions with respect to the Provincial Growth Plan conformity exercise before the Ontario Municipal Board without added cost to the Municipal Service and Delivery System and higher property taxes. 3. THAT a letter be sent by the Regional Chair along with this Resolution to the Premier of the Province of Ontario and the Minister of Municipal Affairs and Housing for their consideration and action in having the Province take the lead and the responsibility for the costs of any appeal proceedings before the Ontario Municipal Board on Growth Plan Conformity Official Plans by Regional and Local municipalities and by providing intervener funding to those municipalities who would be involved in any appeal proceedings respecting Growth Plan Conformity Exercises. 4. THAT this Resolution be forwarded to all of the Regional and Local Municipalities within the Greater Golden Horseshoe and to the Association of Municipalities of Ontario for their support and endorsement of this Resolution. Council Meeting Minutes - 25 - September 20, 2010 5. THAT this Resolution be forwarded to Halton’s MPPs, the Large Urban Mayors’ Caucus of Ontario (LUMCO) and Greater Toronto Area (GTA) Mayors and Chairs. 6. THAT this Resolution be forwarded to all party leaders in Ontario. 7. THAT the Regional Chair write to the above-noted groups to request support for this Resolution and to the Province of Ontario to request that these costs be included in an amendment to the Development Charges Act. Resolution #C-376-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Regional Municipality of Halton, with respect to request to the Province to cover all appeal costs to the Ontario Municipal Board for Growth Plan Conformity Exercises, be endorsed; and THAT a copy of the resolution be forwarded to John O’Toole, MPP, Durham. “CARRIED” D - 17 Gayla McDonald, Clerk/Manager of Administration and Economic Development, The Corporation of the Town of New Tecumseth, advising Council that on June 14, 2010, the Town of New Tecumseth adopted the following resolution pertaining to circulation of a petition in opposition to the HST and requesting the Government to rescind its decision to implement the HST in Ontario: “BE IT RESOLVED THAT the verbal report of Councillor Stone be received; AND FURTHER THAT the Additional Information Memorandum of the Clerk/Manager of Administration and Economic Development dated June 14, 2010 be received; AND FURTHER THAT Council approve the petition substantially in the form attached to this memorandum; AND FURTHER THAT the petition be placed in all Town offices, community centres, libraries and on the Town website until August 15, 2010; AND FURTHER THAT the completed petition be forwarded to the Ontario Premier as well as to the Opposition Party; Council Meeting Minutes - 26 - September 20, 2010 AND FURTHER THAT AMO member municipalities be advised of this action and encouraged to circulate a similar petition within their own municipalities. Resolution #C-377-10 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Corporation of the Town of New Tecumseth, with respect to circulation of a petition in opposition to the HST and a request that the Government rescind its decision to implement the HST in Ontario, be received for information. “CARRIED” D - 18 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on June 23, 2010, the Region of Durham adopted the following resolution pertaining to Bill 23 to reform the Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007: “WHEREAS MPP Toby Barrett (Haldimand-Norfolk) has introduced Private Member’s Bill 23: An Act to amend the Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007; AND WHEREAS under the Ontario Disability Support Program Act, 1997 the Bill raises the asset limits that apply in determining whether a person is eligible for income support from $5,000 to $12,000 for individuals or $20,000 for those with a spouse on disability; AND WHEREAS under the Ontario Disability Support Program Act, 1997 the Bill proposes that child support payments that a person receives not be included in income for the purpose of determining the amount of income support for which the person is eligible; AND WHEREAS at present the amount of income support that a person is eligible to receive is reduced by 50% of the person’s other monthly income and under the Ontario Disability Support Program Act, 1997 the Bill lowers the reduction so that a person can retain a maximum of $700 of other monthly income or a maximum of $1,000 of other monthly income if the person has a spouse; AND WHEREAS under the Taxation Act, 2007 the Bill allows an employer that employs a person who receives income support during a taxation year to be entitled to a non-refundable tax credit based on a maximum of $10,000 per person in wages paid, up to a maximum of five employees; Council Meeting Minutes - 27 - September 20, 2010 AND WHEREAS the Durham Region Accessibility Advisory Committee feels these recommendations would go a long way toward improving the lives of many recipients; THEREFORE BE IT RESOLVED THAT the proposed Bill 23: An Act to amend the Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007 be endorsed by the Council of The Regional Municipality of Durham; AND FURTHER THAT Mr. Barrett be requested to consider including an additional provision in Bill 23 to further amend the Ontario Disability Support Program Act, 1997 to permit individuals receiving Canada Pension Plan Disability benefits (CPP-D) to keep the full amount of their CPP-D benefits without deduction from their Ontario Disability Support Program Benefits; AND FURTHER THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Community and Social Services, MPP Toby Barrett, and the local area Accessibility Advisory Committees.” Resolution #C-378-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from theRegion of Durham, with respect to Bill 23 to reform the Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007, be endorsed. “CARRIED” D - 19 Mike MacEachern, Mayor, Corporation of the Town of New Tecumseth, writing to the Premier of Ontario, the Minister of Municipal Affairs and Housing, Association of Municipalities of Ontario Member Municipalities and the Organization of Small Urban Municipalities, expressing concern with the impacts of the WSI Act as it pertains to the presumptive legislation for firefighters on small municipalities with volunteer firefighters, particularly in view of the retroactivity of claims; and, requesting that consideration be given to reducing the hardship on municipalities with volunteer forces and that the Province consider establishing a cap on the municipal portion to be paid in the event of such claims. Council Meeting Minutes - 28 - September 20, 2010 Resolution #C-379-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Town of New Tecumseth, with respect to the impacts of the WSI Act as it pertains to the presumptive legislation for firefighters on small municipalities, be received for information. “CARRIED” D - 20 R. A. (Bob) Fowler, Land Use Council, forwarding an overview of the corporate structure, legislative influence and funding parameters of Conservation Ontario (ConOnt) and its relationship with Ontario’s 36 Conservation Authorities, its impact on municipal budgets and the costs of private land ownership; indicating that increasing local costs arising from unfunded downloading of provincial services onto municipalities and simultaneous expansion of district CA/ConOnt powers and levies are contributing to a steady decline in Ontario’s economy; suggesting that Municipal Councils might benefit from careful scrutiny of ConOnt’s purpose, structure and financing; and, encouraging Council to adopt a resolution requesting that the Ministry of Natural Resources advise whether or not any part of municipal property tax levies are being funneled through district conservation authorities to support Conservation Ontario and to provide a prospectus to justify Conservation Ontario’s continued existence, confirming its corporate structure and annually providing an independently audited Financial statement with full details of its operating and management costs. Resolution #C-380-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D – 20 from R.A. (Bob) Fowler, Land Use Council, with respect to monitoring the Conservation Ontario Corporation, be received for information. “CARRIED” Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 21 as a former employer of hers is mentioned in the correspondence and refrained from voting on the correspondence. Council Meeting Minutes - 29 - September 20, 2010 D - 21 Tracey Vaughan-Barrett, Executive Director, Community Development Council Durham, expressing disappointment with the Federal government’s recent decision to replace the mandatory long-form Census questionnaire, one of the most reliable data sources providing information on demographics such as ethnicity, immigrant status, income, education, labour force, housing and non-paid work, expressing concern that the proposed alternative, the National Household Survey (NHS), will simply not be sufficient to provide an accurate and detailed picture of the community allowing for sound and appropriate planning of social services, residential and employment growth, infrastructure development and business investment; and, requesting Council to adopt a resolution to publicly support the position of the Community Development Council’s concerns, to prepare and release a statement outlining the vital role that Census data plays in municipal governance and planning, to support a comprehensive community consultation process to ensure the necessity and viability of the Census questionnaire and to call for an amendment of the Statistics Canada Act to remove jail time as a consequence for not completing the mandatory Census questionnaire. Resolution #C-381-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D – 21 from Tracey Vaughan-Barrett, Executive Director, Community Development Council Durham, with respect to replacement of the Long-form Census Questionnaire, be endorsed. “CARRIED” D - 22 Andrea Fay, Clerk, Town of Midland, advising Council that in June 2010, the Town of Midland adopted the following resolution pertaining to changes to the Residential Tenancies Act with respect to the time period for living accommodation for the purpose of receiving rehabilitative or therapeutic services: “THAT the Council of the Town of Midland supports the request from Shelter Now to amend current legislation under Part 1, Section 5K of the Residential Tenancies Act from 1 year to 2 years or adding a 1 year extension.” Council Meeting Minutes - 30 - September 20, 2010 Resolution #C-382-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Town of Midland, with respect to changes to the Residential Tenancies Act, be received for information. “CARRIED” D - 23 Pam and Patricia Guselle, advising they are the owners of a vacation property at 7598 Maynard Road, an unopened road; expressing concern that Maynard Road is in an extremely poor state of repair, to the point that it is almost impossible for a vehicle to pass over it; and, requesting permission to repair Maynard Road, at their own expense, to allow for emergency vehicles to reach their vacation property, by having the road professionally graded to ensure proper water drainage and to add gravel to prevent erosion while maintaining the integrity of the natural surroundings. Resolution #C-383-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from Pam and Patricia Guselle, for permission to repair Maynard Road, at their own expense, be referred to the Director of Engineering Services. “CARRIED” D - 24 Tim Tufts requesting Council to rescind the portion of Administrative Policy H18 – Political Activities that restricts the use of municipal facilities for the purpose of political forums so that all-candidates meetings can be held in facilities available in smaller communities. Mr. Tufts feels the policy is undemocratic, handicaps new candidates who wish to explain their platform giving an unfair advantage to incumbents, as well as limits the voting public’s participation in the democratic process and their opportunity to obtain information on every candidate. Resolution #C-384-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Policy H18 – Political Activities be amended as follows: a) THAT Section (f) be amended to read: “THAT the Municipal Administrative Centre, Library facilities and museum buildings shall not be used by any person, employee or otherwise for the display or distribution of political campaign materials, signage, etc.”; and Council Meeting Minutes - 31 - September 20, 2010 b) THAT Section (g) be deleted in its entirety. “CARRIED LATER IN THE MEETING” (See following motions) Resolution #C-385-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the Rules of Procedure be suspended to allow Members of Council to speak to the matter more than once. “CARRIED” Resolution #C-384-10 was then put to a vote and “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v D - 25 Libby Racansky requesting the opportunity to complete her comments regarding Report PSD-096-10 – Application to Amend the Clarington Official Plan which she was unable to finish at the General Purpose and Administration Committee Meeting on September 13, 2010. Ms. Racansky states that she has additional information from the Ministry of Municipal Affairs and Housing regarding the built-up areas. Resolution #C-386-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D – 25 from Libby Racansky, with respect to Report PSD-094-10 - Application to Amend the Clarington Official Plan, be referred to the Director of Planning Services. “CARRIED” Council Meeting Minutes - 32 - September 20, 2010 D - 26 Jim Richards advising Council that he has retained legal representation regarding Council’s attempt to curtail his privileges as guaranteed under the Canadian Charter of Rights with their interpretation of an ambiguous section of the Procedural By-law; and, requesting one last opportunity for Mayor Abernethy, Councillors Trim, Novak, Robinson and Hooper to offer him a verbal public apology, followed by a letter to that effect, in order to stave off any further legal actions and proceedings that will follow, should his request not be satisfied. Resolution #C-387-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Council issue an apology to Jim Richards. “MOTION LOST” Resolution #C-388-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D – 26 from Jim Richards be referred to the Municipal Solicitor for response. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report September 13, 2010. Resolution #C-389-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 13, 2010 be approved, with the exception of Items #2 and #3. “CARRIED” Item #2 Resolution #C-390-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Report PSD-095-10 be received; Council Meeting Minutes - 33 - September 20, 2010 THAT the application submitted by 1804603 Ontario Inc. continue to be processed by staff and that a further report be prepared and brought back for the October 4, 2010 Council meeting, following the receipt of all outstanding agency comments; and THAT the interested parties listed in Report PSD-095-10 and any delegations be advised of Council’s decision. “CARRIED” Item #3 Resolution #C-391-10 Moved by Councillor Foster, seconded by Councillor Trim THAT Item 3 of Report #1 – Market Compensation Review Report be tabled until the next term of Council. “CARRIED” Resolution #C-392-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow for reconsideration of Item 16 of Report #1. “CARRIED” Resolution #C-393-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report FND-021-10 be received; and THAT the 2009 Draft Audited Financial Statements be approved. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. Council Meeting Minutes - 34 - September 20, 2010 UNFINISHED BUSINESS Resolution #C-394-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-102-10 be lifted from the table. “CARRIED” Resolution #C-395-10 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS the Municipality has a Corporate Policy for “Exterior Signage on Municipal Property for Recognized Agencies and Groups”; and WHEREAS the policy allows community groups and non-profit/not-for-profit organizations to use municipal property for the placement of mobile signs on a first come, first serve basis in a location specified by the responsible department and in keeping with the limitations of the policy; and WHEREAS Council wishes to authorize the exclusive use of the municipally- owned land on the SW corner of Boswell Drive and Highway 2 for the use of a mobile sign by the Clarington Older Adult Association (COAA) for an 18 month period, and WHEREAS the corporate policy addresses the timing, placement and removal of the signage; however, in this case Council wishes to make an exception to these clauses to allow the COAA mobile sign to be erected in compliance with Section 8.9 i, ii, and iii of the Sign By-law 2009-123; NOW THEREFORE BE IT RESOLVED: THAT Report PSD-102-10 be received; THAT the CAO be authorized to make the necessary amendments to Corporate Policy H-35 to meet the intent of this resolution, and FURTHER, THAT the COAA be requested to devise alternative plans for advertising their ongoing events that does not involve a mobile sign and that they be informed of Council’s decision with regard to their request for Exception to the Policies for Mobile Signage and Report PSD-102-10. “CARRIED” Council Meeting Minutes - 35 - September 20, 2010 Resolution #C-396-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow for the introduction of a motion regarding a community grant for Hampton Community Association. “CARRIED” Resolution #C-397-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the grant application from the Hampton Community Association be received; THAT a grant in the amount of $2,500 be awarded to the Hampton Community Association; and THAT Ms. Amanda Townsend, Chair, Hampton Community Association be advised. “CARRIED” Resolution #C-398-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the presentation of Paul Halliday, Chair, Task Force for Attracting Higher Education Facilities to Clarington, be received with thanks. “CARRIED” BY-LAWS Resolution #C-399-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-112 to 2010-118; 2010-112 Being a by-law to provide policies and procedures for the procurement of goods and services 2010-113 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Deborah and William Doiron) Council Meeting Minutes - 36 - September 20, 2010 2010-114 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (KTJ Holdings) 2010-115 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1 Hartwell Bowmanville) 2010-116 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Henk and Lisa Mulders) 2010-117 Being a By-law to appoint an individual as Parking Enforcement Officer (Shane Alexander) 2010-118 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Land Corporation); and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION Councillor Foster and Councillor Hooper gave notice that they will be introducing the following motion at the next Council meeting: “WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law Number 2010-035 “to assess and control the health effects of major emissions of fine particulate matter in the Town of Oakville” (“Oakville’s FPM By-law”); WHEREAS TransCanada Energy has filed an application with the Ontario Superior Court of Justice seeking to quash Oakville’s FPM By-law on the basis that the Town does not have the legislative authority to pass it, it was enacted in bad faith, and it is invalid due to its vagueness; WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville with respect to the health effects of major emissions of fine particulate matter and the need for municipalities to regulate such emissions; WHEREAS the Municipality of Clarington may be adversely affected by a judgment in the application filed by TransCanada Energy; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the Municipal Solicitor to seek leave to intervene as an added party in the application filed by TransCanada Energy; Council Meeting Minutes - 37 - September 20, 2010 AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the 2011 budget deliberations.” OTHER BUSINESS Councillor Trim advised of the Region’s Election Sign Recycling Program wherein the Regional Works Committee has recommended entering into a contract with Target for acceptance and recycling of election signs for the 2010 elections at no cost to the municipality and to advise all local municipalities and election candidates. Councillor Trim provided detailed information and funding envelopes committed to various projects in Clarington pertaining to the activities relating to the Regional Works Department. Councillor Robinson requested an update on Mill Street Tunnel in Newcastle. The Manager of Transportation and Design advised that she would investigate and respond directly to Councillor Robinson. Councillor Robinson questioned the status of meetings with all BIAs. The Director of Operations advised that invitations have been sent out and he is waiting for replies. Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-400-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-119, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 20day of September, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 38 - ADJOURNMENT Resolution #C-401-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 10:04 p.m. MAYO "CARRIED" September 20, 2010