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HomeMy WebLinkAbout02/14/2011 Council Meeting Minutes FEBRUARY 14, 2011 Minutes of a regular meeting of Council held on February 14, 2011 at 7:00 p.m., in the Council Chambers. Councillor Partner led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper, attended until 9:14 p.m. Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Purchasing Manager, J. Barber Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke, attended until 7:50 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath 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 Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item 3 of Report #1. ANNOUNCEMENTS Councillor Novak announced the following: ? She, along with Mayor Foster and Councillor Hooper, attended the Annual General Meeting for the Hampton Hall and extended appreciation to the Hall Board members. ? She attended the Sweetheart Dance fundraiser in support of the Bowmanville Hospital on Saturday, February 12, 2011 and extended appreciation to all the volunteers. Council Meeting Minutes - 2 - February 14, 2011 ? She attending the ribbon cutting ceremony for Helping Hands Day Care welcoming the new business to Courtice. Councillor Hooper announced that today he, and Mayor Foster, welcomed participants of The Sickle Cell Torch of Life Run, a run to raise awareness of the need for organ and tissue donation and Thalassemia disorders, as they passed through Clarington. Councillor Traill announced this weekend, the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry Local 463 will hold a Polar Bear Golf Classic and Chili Cook-off. Councillor Traill also extended congratulations to the Jaworski family regarding the announcement that the charges against Marta and Lech Jaworski were dropped by the Municipality of Clarington. Councillor Partner announced that the Newcastle Horticultural Society is holding a fundraising event on Friday, April 1, 2011, at the Newcastle Community Hall in support of the Society’s Victorian Garden Project. The number one Eagles tribute band in North America “Hotel California” will be in concert. Tickets are $25.00. Councillor Partner also recognized Cathy Abraham, Trustee, Kawartha Pine Ridge District School Board, in attendance this evening. Councillor Woo advised of the friendly competition between Gabrielle Bell and Fred Horvath to see who can sell the most tickets to the “Hotel California” fundraising Concert. Mayor Foster announced the following: ? On Sunday, February 13, 2011 he attended the Kendal Lions Pancake Breakfast. ? He acknowledged the Torch of Life Run through Clarington today. The run started in Ottawa on February 1 and participants hope to be in Toronto by February 17, 2011. He welcomed T-Zone, a new fitness business at 100 Mearns Avenue. ? Resolution #C-080-11 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held on January 31, 2011, be approved, with the following amendments: ? delete the “$” symbol in front of 9,800 referenced on Page 6 as part of Chairman Anderson’s presentation ? correct reference to “Mr.” Bracken to “Ms.” Bracken on Page 11 as part of Wendy Bracken’s delegation ? indicate that Resolution #C-074-11 was “MOTION LOST” rather than “MOTION Council Meeting Minutes - 3 - February 14, 2011 WITHDRAWN” “CARRIED LATER IN THE MEETING” Councillor Neal indicated that he had reviewed the DVD recording of the January 31, 2011, Council meeting and requested that the question and answer session with Chairman Anderson be included in the minutes. The Municipal Clerk clarified that Section 228(1) (a) requires the Clerk to record, without note or comment, all resolutions, decisions and other proceedings of the Council. She indicated that the question and answer session would constitute “note or comment”. Mayor Foster concurred with the Municipal Clerk’s interpretation. Resolution #C-080-11 was then put to a vote and “CARRIED”. PRESENTATIONS Rick Lea, Executive Director, Durham Region Local Training Board, addressed Council to present the Boards’ Local Labour Market Plan for Durham Region. Mr. Lea stated the Board is a Not-for-Profit organization comprised of seventeen directors with a unique composition of members representing organized labour, business, Francophones, persons with disabilities, youth, women, private and public sector educators and trainers and racial minorities and also includes three staff members. He stated the Durham Region Board is one of twenty-five local Boards in Ontario who receive their core funding from the Ministry of Training, Colleges and Universities. Mr. Lea advised the Board does not provide training or deliver services directly to the public per sé; instead they identify key training and employment issues in the Durham Region through consultation with various stakeholders in the community, and then work to address those issues, generally in partnership with industry and education. He stated the work is done collaboratively with their community partners in promoting and facilitating the development of a skilled, relevant, inclusive, adaptive and relevant work force. Mr. Lea indicated that two and a half years ago the Board was selected to lead a demonstration pilot project to develop an integrated local labour market planning (ILLMP) model for the Region of Durham. He stated extensive labour market research and broad consultation with the Durham community was undertaken culminating with the production of a lengthy document designed to be a three to five year plan. Mr. Lea indicated the Plan identified twenty-one different actions required to address key needs over a five-year period, with three themes – to inform, attract and retain, and to develop. He stated the Board has been able to advance eleven initiatives over the past sixteen months. Mr. Lea referred to a PowerPoint presentation to provide an overview of the three themes and to identify initiatives in response to proposed actions, including improved service delivery for immigrants, developing an understanding of emerging green economies including involvement with partners in the GTA to come up with a series of industrial studies that will focus on emerging careers, representation on the new Local Diversity Council, and hosting Council Meeting Minutes - 4 - February 14, 2011 a Durham Job Fair in October, 2010 which recorded attendance of 770 people and included pre- and at-event workshop for skills development. Mr. Lea stated Welcome Centres for newcomers are being developed and will help to uncover hidden talent, there will be events for students and teachers including the 10th Career Information Day and there is a proposal to assist pre-qualified workers with entry into Durham College’s pre-health upgrade program. Mr. Lea reviewed future plans including annual events for students and teachers, occupational profiling, re-positioning of the tradeability.ca website, development of mentorship partnership programs to pair highly skilled immigrants with professionals in their fields, and professional development for front line employment assistance support staff. Mr. Lea invited Members of Council to contact him for further information or to provide information on other working groups that may benefit from the Board’s services. DELEGATIONS Libby Racansky addressed Council concerning Correspondence Item D – 5 - Clarington Strategic Plan. Ms. Racansky stated she is very concerned about the public’s health and safety which is dependent on the environment. She indicated that the natural environment, such as trees, wetlands and farmland are the only features that may improve very poor air/water and soil quality and she is concerned that the natural environment will be completely left out of the Municipality’s Strategic Plan. Ms. Racansky feels that the survey will not allow residents to participate fully, noting that all municipal Strategic Plans, including the Region of Durham’s, include natural environment and direct actions on the protection of natural environment and climate change. Through use of a PowerPoint presentation, Ms. Racansky reviewed a number of points she requested to be included in the Plan including protection of the small area located around Tooley Creek and the hedgerows within the site of the proposed EFW facility, mitigation measures to improve air quality and address the issue of additional land being expropriated as a result of the proposed Energy From Waste project, adaption to climate change and changing economy, greening of urban boundary areas, and protection of small businesses. She questioned why the municipality is spending money on an Ontario Municipal Board appeal regarding expansion of urban boundary and suggested that the Municipality could still withdraw the appeal, apply the savings plus the money spent for the survey to develop by-laws to make residents’ lives easier. Ms. Racansky stated that new energy types should not further impact the few open spaces in urban or rural areas, provided examples of suitable locations, and suggested that Council work with proponents/owners and the Province to identify proper placement. Tony Wood addressed Council concerning Correspondence Item I – 12 - Municipal Advertising Policy. Mr. Wood referred to staff Report COD-008-11 and distributed a copy of Attachment #1 to the staff report. Mr. Wood quoted advertising costs from Report COD-008-11 for both Metroland and the cost of publishing Clarington.net. He pointed out that Attachment #1 shows 12 tabloids for Clarington.net per quarter and it should state eight tabloids or 32 per year, it also shows $27,000 as an annual budget increase amount but should show $56,000 as Metroland charges $1750 per tabloid and not the $843 it costs for Clarington.net. Council Meeting Minutes - 5 - February 14, 2011 Mr. Wood feels that consequently, the report should show a budget amount of $120,000, not $91,000. Mr. Wood suggests that Clarington.net should not be eliminated and that one page be set aside for advertising of business card size ads which would generate enough annual income to pay for 85% of the publishing cost. Mr. Wood indicated that Clarington.net reaches 30,000 households through Canada Post vs. 24,000 through Metroland. Mr. Wood requested that Council reject the recommendations contained in Report COD-008-11 and continue to publish Clarington.net with the incorporation of a page for advertising to raise revenue. Gord Lee, on behalf of Foster Creek Residents, addressed Council concerning Item 1(b) of Report #1 - Report ESD-003-11 – Newcastle Fire Hall #2 – Relocation and Construction. Mr. Lee stated area residents are deeply concerned with the change in location for the new fire hall. Mr. Lee expressed concern that traffic lights will be required at the intersection of Rudell Road and Highway #2 at the Municipality’s expense and that a significant amount of engineered fill will need to be brought to the site. He stated the exit road will be north to Highway #2 but that the direction when leaving the hall in an emergency will be up to the Fire Captain. He is concerned that any fire calls south of the station will travel through their subdivision. Mr. Lee stated Edward Street is a very busy residential street, with many cars parking on both sides of the street, there are two parks, playgrounds, baseball diamond, three Four-way stop signs, a direct route to Newcastle Recreation Centre, and eight school bus stops along the way. Mr. Lee feels that with the fire hall on Rudell Road, Edward Street will become the quickest way for volunteers to get to the fire station. Mr. Lee also assumes that the call out ratio will increase as Ward 4 expands. He stated that the Municipality has already set precedents in having services installed and then been paid back and questions why services cannot be installed on the Highway #2 site. Mr. Lee indicated that in his discussions with Members of Council, he believes that not all members are in favour of this location. Mr. Lee compared the locations and suggested that Members of Council and staff attend both intersections to see for themselves that the right decision has been made for the sake of both seniors and children. Jim Richards addressed Council concerning Correspondence Item I – 14 - Energy From Waste Facility – Clarington Residents Need Transparency. Mr. Richards expressed concern that Council is fast gaining the reputation of passing motions at one meeting and then rescinding them at the following meeting. Mr. Richards suggested that Council rescind a previous motion appointing Faye Langmaid, Manager of Special Projects, as the Municipality’s representative on the Energy From Waste Advisory Committee and nominate Councillor Woo, with the Director of Planning Services as an alternate instead, as Ms. Langmaid cannot be held accountable to the taxpayers. Mr. Richards feels that the Committee should have an elected official to protect Clarington’s interests. He also suggested that Council revisit the 2009 motion declaring Clarington a “Willing Host” to the incinerator and declare Clarington as an “Unwilling Host” to reflect the wishes of the community. Council Meeting Minutes - 6 - February 14, 2011 Mr. Richards also suggested that the Regional Solicitor’s letter which was considered by Council on January 31, 2011, be sent to Regional Council for direction as he feels that Regional Council will not support the overtones in the letter and that the Municipality cannot be faulted for doing its due diligence. Mr. Richards also requested that Clarington’s Regional Council members show leadership at the Region and cautioned that as the previous Council failed its residents, he hopes that this Council does not repeat the same mistakes. COMMUNICATIONS Resolution #C-081-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 10 and I - 14. “CARRIED” I - 1 Minutes of the Central Lake Ontario Conservation Authority dated January 18, 2011. I - 2 Scott Lewis, Communications Manager, Canada Post Corporation, sharing the results of the Rural Mail Safety Review in Orono indicating that 276 rural mailboxes passed the assessment, requiring no modification, 142 rural mailboxes required relocation, 101 rural mailboxes will be reassessed at a later date, 49 rural mailboxes were required to be centralized into community mailboxes; and 33 customers chose to be centralized into community mailboxes, and, 9 customers opted for a free post office box; 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 - 3 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental Assessment, GO, A Division of Metrolinx, forwarding a copy of the Notice of Completion of Environmental Project Report for the Oshawa to Bowmanville GO Train Service Expansion and Construction of Maintenance Facility in Whitby; indicating that the study reviewed potential sites for new stations and train facilities, options for connecting the CN railway corridor with the CP railway corridor and identified improvements to the existing railway line; advising that the impact of this transit project was assessed and an Environmental Project Report (EPR) was prepared; and, advising that the EPR will be available for public viewing from January 28 to February 28, 2011, at several locations in the study area and that an electronic copy will be available for download at www.gotransit.com. Council Meeting Minutes - 7 - February 14, 2011 I - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Nomination/Reaffirmation of Municipal Representatives on Drinking Water Source Protection Committees: “a) THAT Regional Council supports the nomination from the Township of Brock of local Councillor Keith Shier as the new Durham municipal sector representative to the South Georgian Bay-Lake Simcoe Source Protection Committee and forwards this nomination to the Chair of the Lake Simcoe Source Protection Authority for consideration by the watershed municipalities; b) THAT Regional Council reaffirms that John Presta, (Director of Environmental Services Region of Durham Works Department) will continue as the Region’s representative on the Credit Valley-Toronto- Central Lake Ontario (CTC) Source Protection Committee and that the Chair of the Toronto Region Source Protection Authority be so advised; c) THAT Regional Council reaffirms that Bruce Craig (President of Lakefront Utilities, Town of Cobourg) continue as the municipal sector representative from the Ganaraska Source Protection Area on the Trent Conservation Coalition (TCC) Source Protection Committee and that the Chair of the Lower Trent Source Protection Authority be so advised; d) THAT Regional Council supports the ongoing involvement of Regional staff in municipal, planning and technical working groups assisting the Source Protection Committees; and e) THAT a copy of Joint Report No. 2011-J-3 be forwarded to Durham Region area municipalities for their information.” I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to polybutylene water service connections in the Regional Municipality of Durham and an update on remediation: “a) THAT Report No. 2011-W-5 of the Commissioner of Works be received for information; and b) THAT a copy of Report No. 2011-W-5 be forwarded to the Cities of Pickering and Oshawa, the Towns of Ajax and Whitby, and the Municipality of Clarington.” Council Meeting Minutes - 8 - February 14, 2011 I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Durham Trail Co-Ordinating Committee (DTCC) Membership appointments: “a) THAT Regional Councillor nominee Amy England (Oshawa), and Municipal Councillor nominee Wilma Wotten (Scugog), be appointed to the Durham Trail Coordinating Committee (DTCC); b) THAT Area Municipal Citizen Volunteer appointees Keith Jones (Oshawa), and Simon Farquhar (Clarington), be confirmed; c) THAT the appointees be advised of the appointment to the DTCC; and d) THAT a copy of Report #2011-P-3 of the Commissioner of Planning be forwarded to the respective area municipalities.” I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Environmental Bill of Rights Registry Number 011- 0597 Proposed Environmental Noise Guideline – Noise Assessment Criteria for Stationary Noise Sources and for Land Use Planning: “a) THAT Report #2011-P-4 of the Commissioner of Planning be received for information; and b) THAT a copy of Commissioner’s Report #2011-P-4 be forwarded to the Area Municipalities for information.” I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to Quarterly Report on Planning Activities (October 1, 2010 – December 31, 2010): “a) THAT Report #2011-P-6 of the Commissioner of Planning be received for information; and b) THAT a copy of Commissioner’s Report #2011-P-6 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information.” I - 9 Tracey Tyner Cavanagh, Accessibility Co-ordinator, Office of the Regional Chair & Chief Administrative Officer, Regional Municipality of Durham, forwarding a copy of the Region’s Accessibility Report and Plan 2010- 2011. Council Meeting Minutes - 9 - February 14, 2011 I - 11 Ministry of Agriculture, Food and Rural Affairs News Release dated February 1, 2011, announcing that the Province is providing up to $1 million to Durham Region through the Rural Connections Broadband program which will provide residents, businesses and institutions with the infrastructure needed to access high-speed internet by 2012. I - 12 Tony Wood expressing concern that a change to the Municipal Advertising Policy to approve newsprint as the method of advertising Municipal required notices and activities will create additional expense for the Municipality in the amount of $30,600 per year and suggesting that the Municipality could sell advertising in Clarington.net as a means to generate revenue of $45,680. I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Chief Mike Ewles, Durham Regional Police Service advising that on January 26, 2011, Regional Council adopted the following resolution pertaining to Shared Communications Platform: “a) THAT the process of defining the technology, selection and implementation of an interoperable emergency communication system for the Region and the local municipalities outlined in Report #2011-A- 1 be approved; b) THAT the multi-year (2011-2014) proposal received from Lansdowne Technologies Inc. in the amount of $2,308,782.00 (excluding applicable taxes) for the provision of acquiring a firm to undertake the project management role to oversee the complete development and implementation of an interoperable communications platform for emergency communications within Durham Region Police Service (DRPS), local municipal fire departments, Ontario Power Generation (OPG) and various departments within the Region be accepted; c) THAT the first year financing in the amount of approximately $922,000 be funded as follows: ?$250,000 2010 Emergency Communications Budget ? 2010 Durham Regional Police Service Capital 125,000 Reserve 375,000 Sub-Total 2010 Funding ?547,000 2011 Pre Budget Approval of DRPS Capital Reserve Total First Year Funding $922,000 With the balance of funding requirements to be part of the 2012 to 2014 Business Plans and Budgets; and Council Meeting Minutes - 10 - February 14, 2011 d) THAT the Regional Chair and Clerk be authorized to execute an agreement with Lansdowne Technologies Inc. covering these requirements.” I - 15 Jayme Harper, Vice President, PFLAG Canada Regional Director – Ontario R4, advising of their upcoming fundraiser event “An Evening of Hollywood Glamour” to be held on Saturday, April 2, 2011 at Club Carib in Oshawa in support of the Durham Chapter of PFLAG, a national organization that speaks for a more accepting Canadian society by providing support, education and resources on issues of sexual orientation and gender identity; and, inviting Council to support the event by purchasing tickets or considering sponsoring or donating a silent auction item. I - 10 K. R. (Bob) Malcolmson, C.E.O. & General Manager, and Cris Douglas, President, Greater Oshawa Chamber of Commerce, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on January 19, 2011, the City of Oshawa hosted a public meeting on the Highway 407 extension in which the message delivered was that an acceptable alternative needs to be found or we may all lose, advising that transportation is a key factor in unleashing Durham’s economic potential, that the lack of an alternative freeway through the eastern side of the GTA is a safety issue and that congestion in the GTA could cost the Region up to $3 billion per year by 2021 in lost productivity; indicating that the issue has become extremely politicized with respect to all elected officials at all levels of government; and, recommending the Province put in place an acceptable alternative that gets Highway 407 to Oshawa and through Durham Region to Highway 35/115 as expeditiously as possible. Resolution #C-082-11 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I – 10 from K. R. (Bob) Malcolmson, C.E.O. & General Manager, and Cris Douglas, President, Greater Oshawa Chamber of Commerce, with respect to the Highway 407 East Expansion, be endorsed. “CARRIED” Council Meeting Minutes - 11 - February 14, 2011 I - 14 Sally Thurlow expressing concern that the new Council continues to uphold the non-transparent system of the last Council and allows the Regional Chair to continue to threaten them into no action on the Host Community Agreement with more non-transparency; expressing concern that Council is not listening to delegates; requesting Council to share whatever inside knowledge they have with new Councillors so they don’t have to waste any more of their own or their delegates’ time in trying to defend the people’s wishes against a broken system; and suggesting that the best outcome is better achieved with everyone working together. Resolution #C-083-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the comments presented by Sally Thurlow regarding the need for Council to listen to delegates, share whatever inside knowledge they have with new Councillors, and suggesting that the best outcome is better achieved with everyone working together, be endorsed. “MOTION LOST” Resolution #C-084-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I – 10 from Sally Thurlow, providing comments with respect to transparency regarding the Energy From Waste Facility, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-085-11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 5 be approved as per the agenda. “CARRIED” Council Meeting Minutes - 12 - February 14, 2011 D - 1 Jeff Goldman, President and Donna Donaldson, Executive Officer, Durham Region Home Builders’ Association, inviting Mayor Foster to attend their dinner meeting on Tuesday, March 22, 2011, and requesting that April 2011 be declared “New Homes Month” in recognition of new home construction and home ownership as a basic factor in economic progress and quality of life. (Proclaimed) D - 2 Donna McAllister, Co-Chair, PFLAG Canada Durham Region, requesting May 17, 2011, be proclaimed “International Day Against Homophobia/Transphobia” to send a message of tolerance, openness and hope and to combat homophobia and discrimination based on sexual orientation, and requesting permission to fly the rainbow flag on one of the Municipality’s flagpoles. (Proclaimed and permission granted to fly the Rainbow Flag) D - 3 Sharon Ennis requesting Council’s approval to host the 3 rd Annual “Gabby’s Gift”, Walk for Spina Bifida, a one-of-a-kind fundraising and awareness initiative from the Spina Bifida and Hydrocephalus Association of Ontario on Sunday, June 26, 2011 from 1:00 p.m. to 6:00 p.m. at the Newcastle & District Recreation Complex gymnasium; forwarding a copy of the proposed walk route; and, indicating that an insurance certificate will be forwarded to the Municipality prior to the event. The correspondence indicated that the family event will feature games, jumping castles, face painting and a barbeque and that the walk will start at 2:30 p.m. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Clinton Shane Ekdahl, advising of the importance of the Honey Bee to our way of life and that honey bees are the cornerstone to the sustainability of agriculture and stability of the environment; expressing concern with the disappearance of honey bees in alarming numbers all over the world; requesting that Council consider initiating a Honey Bee hive on municipal grounds, in a show of support for the Honey Bee industry, Green initiatives, biosustainability and an attempt to recoup distressingly dwindling Honey Bee populations; and, requesting that May 29, 2011 be declared as the second annual “Day of the Honey Bee”, to raise awareness and respect for Honey Bees. (Proclaimed) Council Meeting Minutes - 13 - February 14, 2011 D - 5 Libby Racansky stressing that the focus of the Clarington Strategic Plan should reflect the community’s needs and capabilities, expressing concern that from reading the 2007 Plan, the environment is completely missing from the Vision, Mission Statement, Key Focus, Community Planning Actions, etc., and suggesting that Council take the natural environment into consideration. (Correspondence referred to the Chief Administrative Officer for consideration in preparation of the Clarington Strategic Plan) D - 6 Lynda Motschenbacher requesting a six-month extension to building permit 10.0211 for construction of a new single family home at 8535 Ormiston Road; advising that she and her husband are building the new house on their own and to date have experienced some delays due to weather (heavy rains, snow, ice, sleet, winds, freezing temperatures, etc.) and delays in the delivery of materials; outlining work that has been completed and inspected on the building; and indicating that they anticipate occupancy of the new house by September 2011. Resolution #C-086-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Lynda Motschenbacher be granted a 6 month extension for the use of temporary living quarters at 8535 Ormiston Road subject to signing a further Letter of Undertaking. “CARRIED” D - 7 Susan Dickison, Communications Co-ordinator, Durham Region Transit, advising that appointments to the Durham Region Transit Advisory Committee (TAC) will be made by the Transit Executive Committee in early 2011; advising that the Committee’s Terms of Reference provide for each of the eight area municipalities to nominate one (1) public transit user representing transit stakeholder groups through their use of DRT services and/or their participation in community groups that access public transit service in Durham Region; forwarding a copy of an application received from a citizen within Clarington interested in being appointed as Clarington’s community representative on the Durham Region Transit Advisory Committee; and requesting Council’s resolution advising of the name of Clarington’s nominee on or before February 16, 2011. Council Meeting Minutes - 14 - February 14, 2011 Resolution #C-087-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Bill Howes be nominated as the Municipality of Clarington’s Community Member representative on the Durham Region Transit Authority. “CARRIED” D - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to GO Transit Rail Service extension from the City of Oshawa to Bowmanville and construction of a Rail Equipment Maintenance Facility in the Town of Whitby: “a) THAT Regional Council urge the Province of Ontario and Metrolinx to re-evaluate the top priority projects in The Big Move document and reallocate this funding to ‘quick win’ projects such as expediting the Oshawa to Bowmanville GO Train Service Expansion and Maintenance Facility in The Regional Municipality of Durham, including the completion of the ongoing Transit Project Assessment Process, detailed design, and construction, with all necessary funding earmarked at an early stage in GO Transit’s Ten Year Capital Plan; b) THAT Regional Council request that through the planning and design of the rail service extension from the City of Oshawa to Bowmanville, in the Municipality of Clarington, GO Transit: i) Revise the draft traffic impact studies for each of the proposed new stations to address comments provided by Regional staff, so that the access configurations and related Regional road/intersection improvements needed to accommodate GO station traffic can be determined; ii) Prepare a traffic impact study for the proposed Rail Equipment Maintenance Facility in the Town of Whitby, including assessment of the impacts of deleting Hopkins Street south of Victoria Street on the area road network and access to the surrounding employment lands; iii) Identify the water and sanitary sewer servicing requirements for each station site and the Rail Equipment Maintenance Facility, so The Regional Municipality of Durham can determine the availability of services and any service upgrades, extensions or relocations required to accommodate GO Transit’s project; Council Meeting Minutes - 15 - February 14, 2011 iv) Consider the planned Regional road or service improvements that may be affected by the extension of GO Transit rail services; v) Enter into servicing agreements with The Regional Municipality of Durham, or require contractors to enter into such agreements on GO Transit’s behalf, to address matters of performance, maintenance and ownership associated with Regional road or service improvements that will be undertaken by GO Transit as part of the extension of GO rail service; and vi) Be responsible for 100 per cent of the project costs, including improvements to Regional roads and services that are necessary to accommodate GO Transit’s project; c) THAT the City of Oshawa in partnership with Metrolinx, and in consultation with The Regional Municipality of Durham, be encouraged to prepare a Mobility Hub Master Plan focused on the Oshawa Central station, in accordance with the provisions of the Regional Transportation – The Big Move; and d) THAT a copy of this resolution and of Report No. 2011-J-5 be forwarded to the Honourable Dalton McGuinty, Premier of the Province of Ontario, the Honourable Kathleen Wynne, Minister of Transportation, Durham MPPs, and the area municipalities in Durham.” Resolution #C-088-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Region of Durham, with respect to GO Transit Rail Service extension from the City of Oshawa to Bowmanville and construction of a Rail Equipment Maintenance Facility in the Town of Whitby, be endorsed and that the Mayor and staff meet with the Province and Metrolinx to ensure that the GO Rail Service Expansion to Bowmanville be funded for completion at the earliest possible date. “CARRIED” D - 9 Blair Labelle, Manager, Legislative Services/Deputy Clerk, Town of Ajax, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, advising that on January 24, 2011, the Town of Ajax adopted the following resolution pertaining to the Community Adjustment Fund Deadline: Council Meeting Minutes - 16 - February 14, 2011 “WHEREAS the Government of Canada has responded to the needs of municipalities and is enabling the orderly completion of approved infrastructure stimulus projects under the Economic Action Plan by extending the funding deadline to October 31, 2011; and, WHEREAS Community Adjustment Fund (CAF) Intake Two infrastructure stimulus projects, approved only in June 2010, were not included in the funding deadline extension announcement; and, WHEREAS, despite the considerable efforts made by the Town of Ajax, winter conditions have made it impossible for the Town to complete one of its two CAF Intake Two projects (the Old Kingston Road Revitalization, CAF# 20079), by the existing March 31, 2011 deadline; and, WHEREAS the Town has already notified Prime Minister Harper that, if the CAF Intake Two funding deadline is not extended, the Town will be required to bear $500,000 of the project costs originally accepted as the responsibility of the government of Canada, with such costs being an unfair burden on the Town during these difficult economic times; NOW THEREFORE BE IT RESOLVED THAT, in order to establish fairness in the completion and funding of all infrastructure stimulus programs and projects, the Government of Canada announce immediately that the funding deadline for CAF Intake Two projects will also extended to October 31, 2011; and, THAT notice of this resolution be circulated to the Prime Minister, the Minister of Finance, the Premier of Ontario, Mark Holland, MP, Joe Dickson, MPP, the Federation of Canadian Municipalities, the association of Municipalities of Ontario and all municipalities in the Region of Durham.” Resolution #C-089-11 Moved by Councillor Woo, seconded by Councillor Partner THAT the resolution from the Town of Ajax, with respect to the Community Adjustment Fund Deadline, be received for information. “MOTION WITHDRAWN” Council Meeting Minutes - 17 - February 14, 2011 Resolution #C-090-11 Moved by Councillor Woo, seconded by Councillor Novak THAT the resolution from the Town of Ajax, with respect to the Community Adjustment Fund Deadline, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 7, 2011. Resolution #C-091-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of February 7, 2011 be approved, with the exception of Items #1(b), #3, #5, and #9. “CARRIED” Resolution #C-092-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT Item #1(b) of Report #1 – Report ESD-003-11 – Newcastle Fire Hall #2 – Relocation and Construction be tabled until the Council meeting of March 7, 2011. “CARRIED” Councillor Hooper stated a pecuniary interest with respect to Item #3 of Report #1 as he owns property in downtown Bowmanville, which is referenced in Section 1.2 of Report PSD-013-11 and left the Council Chambers during discussion and voting on this item. Item #3 Resolution #C-093-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Report PSD-013-11 be received; and Council Meeting Minutes - 18 - February 14, 2011 THAT Council concurs with the decisions of the Committee of Adjustment made on January 20, 2011 for applications A2010-0042 & A2011-0001, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. “CARRIED” Councillor Hooper returned to the meeting. Item #5 Resolution #C-094-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT the Planning Services Department, in cooperation with appropriate staff, prepare a report on the role that the Host Community Agreement plays in the granting of the Environmental Assessment for the incinerator; and THAT a $5000.00 limit on expenses for an independent expert advice be set. “CARRIED” Item #9 Resolution #C-095-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report CLD-007-11 be received; and THAT the proposed Procedural By-law included as Attachment No. 1 to Report CLD-007-11 be approved with the following amendments: a) Include wording, similar to the City of Ottawa’s Procedural By-law, prohibiting Members of Council from using communication devices during Council or General Purpose and Administration meetings, exclusive of meeting recesses; b) Sections 4.2.1, 4.2.2. and 4.2.3. of the proposed Procedural By-law be amended, to add the following at the end of each of the three sections: “and that said meeting shall only be held within the Municipality of Clarington.”; and Council Meeting Minutes - 19 - February 14, 2011 c) Sections 10.13.12 and 10.13.13 of the proposed Procedural By-law be amended to replace the word “Mayor” with “Chair” with regard to recorded vote. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motions) Resolution #C-096-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-095-11 be amended such that the proposed Procedural By-law be amended to provide that all meetings, both closed and open sessions, be recorded by audio recording equipment. “MOTION LOST” Resolution #C-097-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Part (b) of the foregoing Resolution #C-095-11 be amended to add the words “preference be given” prior to the words “that said meeting”. “CARRIED” The foregoing Resolution #C-095-11 was then put to a vote and CARRIED AS AMENDED. STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. 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 - 20 - February 14, 2011 UNFINISHED BUSINESS Resolution #C-098-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT the presentation of Rick Lea, Executive Director, Durham Region Local Training Board, be received with thanks. “CARRIED” BY-LAWS Resolution #C-099-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2011-015 and 2011-016 2011-015 Being a by-law to exempt certain portions of Registered Plans 40M-2316 from Part Lot Control 2011-016 Being a by-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees, and to repeal By-law 2007-227, as amended; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION Councillor Neal and Councillor Traill gave notice that they will be introducing the following motion at the next Council meeting: “WHEREAS s. 11(2) of the Municipal Act, 2001, as amended (“the Act”), permits municipalities to pass by-laws respecting the health, safety and well-being of persons; WHEREAS s. 128 of the Act permits municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; Council Meeting Minutes - 21 - February 14, 2011 WHEREAS the Province of Ontario and the Government of Canada have gathered research and prepared reports on fine particulate matter and its serious harm to human health, but have not passed air regulations that focus on fine particulate matter, evaluate together ambient conditions and new emissions, assess the human and public health impacts of such conditions, or limit cumulative concentrations; and WHEREAS the Corporation of the Municipality of Clarington considers it appropriate and in the public interest to prevent or reduce adverse effects to its residents and public health due to fine particulate matter in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT: 1. Staff be authorized to retain consultants and experts to help develop guidance documents for general assessment and air modeling; and 2. Staff be directed to, in consultation with the general public, draft a by-law with respect to the regulation of fine particulate matter.” OTHER BUSINESS Councillor Novak requested that the staff ensure that hand-outs provided by presenters and delegates are distributed to all Members of Council. Councillor Hooper stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. CONFIRMING BY-LAW Resolution #C-100-11 Moved by Councillor Neal, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-017, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 14 day of February, 2011; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 22 - February 14, 2011 ADJOURNMENT Resolution #C-101-11 Moved by Councillor Novak, seconded by Councillor Traill THAT the meeting adjourn at 9:15 p.m. MAY R "CARRIED"