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HomeMy WebLinkAbout04/11/2011 Council Meeting Minutes APRIL 11, 2011 Minutes of a regular meeting of Council held on April 11, 2011 at 7:00 p.m., in the Council Chambers. Prior to the start of the meeting, a moment of silence was observed to acknowledge Fallen Canadian Soldier Corporal Yannick Scherrer, who lost his life in the line of duty in Afghanistan on March 27, 2011. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster, attended until 8:37 p.m. Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Manager of Transportation & Design, L. Benson Deputy Fire Chief, M. Berney Manager of Internal Audit, C. Carr Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Foster indicated that he would be declaring a pecuniary interest with respect to the delegation of Allan Lambert and Correspondence Item D – 11. ANNOUNCEMENTS Councillor Hooper announced the following: ? Last week he attended the Durham Farm Fresh Connections 2011 event at the Luther Vipond Arena in Brooklin. He suggested that Councillors read the “Farmer’s Share” brochure. Council Meeting Minutes - 2 - April 11, 2011 ? He congratulated the Clarington Toros for winning the Ontario Hockey Federation Atom AAA Championships against the Mississauga Rebels on April 10 at the Garnet B. Rickard Recreation Complex and extended appreciation to Community Services Department staff for a job well done. ? The Clarington Recreational Hockey League held their annual championship weekend at the South Courtice Arena. He extended congratulations to the organizers, sponsors and coaches. The event provided the opportunity to showcase Clarington’s facilities. Councillor Partner announced the following: ? She extended congratulations to Pauline Storks who was honoured by the Municipal Electric Association Reciprocal Insurance Exchange (MEARIE) for seventeen years of service to MEARIE and the MEARIE Management Inc. (MMI). ? On April 9, 2011, she, along with Mayor Foster and Councillor Woo attended nd the 22 Annual Ganaraska Forest Centre Conservation Dinner and Auction in support of the Ganaraska Forest Centre and Outdoor Education Programs. ? She extended congratulations to John Slater, Chair, Orono Crown Trust, who will be presented with the Evylin Stroud Lifetime Achievement Award as part of the Durham Environmental Achievement Awards on May 12, 2011. Councillor Traill announced that on Friday, April 8, 2011, she, along with Mayor Foster attended the Central Canada Regional Apprenticeship Competition where apprentices competed for titles in plumbing, steam fitting and welding. Councillor Woo announced that he brought greetings, on behalf of the Municipality, to the opening night banquet for the Ontario Hockey Federation championship tournament held at the Garnet B. Rickard Recreation Complex and congratulated the Clarington Toros Atom AAA team on winning the Gold Medal. He commended Steve Troughton and Bob Englebert on a marvelous job in selling Clarington. Mayor Foster announced the following: ? This past week he attended the opening of the Heather Griffith Breast Assessment Centre at Lakeridge Oshawa. Ms. Griffith is a breast cancer survivor who, with her family, founded the Gala of Hope fundraiser in 2004 raising $18,000. The event grew into an annual gala and combined with other initiatives has raised $1.2 million to date. ? Clarington farmers dominated the Durham Farm Connection event. ? He attended the Tribute for Our Troops Dinner held on April 7, 2011 in support of the Ontario Regiment Foundation which sets up Post Secondary Bursaries, Post Secondary Family Scholarships and a Benevolent Assistance Program for individuals or families in times of need. Mayor Foster acknowledged not only the 155 casualties but the 650 wounded Canadian soldiers. ? On April 13, 2011, the Clarington Board of Trade will host “Ask an Expert” from 12:00 noon to 1:30 p.m. Council Meeting Minutes - 3 - April 11, 2011 Mayor Foster recognized John O’Toole, MPP, Durham and Cathy Abraham, Trustee, Kawartha Pine Ridge District School Board, in attendance this evening. Resolution #C-186-11 Moved by Councillor Partner, seconded by Councillor Neal THAT the minutes of a regular meeting of Council held March 28, 2011, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Kurt Gelder addressed Council concerning Item # 5 of Report # 1 - Application to Amend the Official Plan to Reflect the Location of Provincially Significant Wetlands. Mr. Gelder stated he and his wife own a fish farm on Langstaff Road and lot 7594 is part of the farm and is the only asset they have. He stated it was their intention to either sell the fish farm and build their retirement home on the lot or sell the lot to have money to retire. Mr. Gelder indicated that the lot is already 75% EP and that adding to the existing EP is not necessary as the land where they would build is not wet, that Soper Creek is 120 feet west of their property line, not on his property as the map indicates, and all that is on the lot is a small tributary. Mr. Gelder was requesting an exemption to the EP Zone. Ted Meszaros, Clarington Citizens for Clean Water and Soil, addressed Council concerning Correspondence Item D – 9 - Commercial Fill Dumping on Morgans Road, to raise concerns and awareness of the potential consequences of commercial fill dumping at Morgan’s Road and Highway 2, especially to nearby wells and aquifers on the site and beyond. Mr. Meszaros stressed the importance of maintaining the quality of groundwater as the rural area is dependent on wells for drinking water, household and agricultural uses and noted area residents have spent considerable amounts of money to have wells drilled and maintained, with no assistance from any level of government. Mr. Meszaros stated their main concern is groundwater contamination, which unlike surface water that can be contained and cleaned up, will show up years from now after the fill has been dumped as contaminants are slowly released through the underlying aquifer. He noted that should serious groundwater contamination occur, destruction of drinking water supplies can continue for years. He stated the majority of wells in the area are fairly shallow and there is concern that shallow wells are easier to contaminate. He noted the onus is on the owner of the well to protect it from surface contamination but that the owner has no control over any contaminates that have leached through groundwater, rendering the well basically useless with no recourse. Mr. Meszaros stated new regulations rather than guidelines should be developed by the Ministry of the Environment, the Municipality and the Conservation Authority. Council Meeting Minutes - 4 - April 11, 2011 He noted that there are problems with abandoned sites as they become the responsibility of the Municipality after ten years. He feels that the Municipality should set aside funds for long-term action – legal or clean-up costs. He also feels that funds should be put up front from commercial fillers in case clean-up of sites is required. Mr. Meszaros stated the onus is on the Ministry of the Environment to protect the quality of soil and that these issues should be dealt with at the source. Mr. Meszaros summarized by stating that soil, groundwater and sediment are natural resources that are essential for the current and future health of ecosystems and the wellbeing of the residents of Clarington and once contaminated they can be very difficult and expensive to remediate. Beth Meszaros, Clarington Citizens for Clean Water and Soil, addressed Council concerning Correspondence Item D – 9 - Commercial Fill Dumping on Morgans Road, to request Council to be vigilant in protecting the area’s rich agricultural lands, wetlands and waterways and to set into place strong laws and regulations to protect these natural resources. She requested that Clarington’s representatives on the Ganaraska Region Conservation Authority (GRCA) keep staff accountable for their actions and keep them informed. She also requested specific information regarding Permit #1089 be investigated and that the GRCA set strong timelines for completing work done on permits. Ms. Meszaros suggested that Council insist that government ministries responsible for the environment and natural resources work together as one body and that Council work with these ministries to develop strong legal language to have clearer definitions and to develop a public consultation process for a fill site. She reviewed an itemized list of requests to various municipal staff to respond to issues of safety, associated costs of road rehabilitation, maintaining the Morgan’s Road area as greenbelt, sample testing and results, health concerns, lifestyle changes and disruption to daily life. Ms. Meszaros requested that staff demand that the Ministry of the Environment review the permit process and to be advised by April 15, 2011 of what steps have been undertaken. Libby Racansky addressed Council concerning Item # 5 of Report # 1 - Application to Amend the Official Plan to Reflect the Location of Provincially Significant Wetlands. Through use of a PowerPoint presentation, Ms. Racansky commented on the Official Plan Amendment to reflect the location of Provincially Significant Wetlands. Ms. Racansky is requesting that Council leave the lands that are located along tributaries and/or are still forested to be included as EP Zone – Green space. Ms. Racansky concentrated her presentation on the Hancock Neighbourhood. She referenced the approved development that deleted centres of tributaries flowing from surrounding lands not rezoned or studied and indicated that it would be premature to permanently designate these lands for development as she feels it would be too late to redesignate them to environmentally sensitive. She feels it is important to realize that no setback from the wetlands was allowed from this subdivision located in the midst of the neighbourhood and that there should be a setback at least from other sides to allow wetlands to function. Ms. Racansky stated it would be unwise, unsafe and costly to delete some tributaries prior to proper studies and planning and that she would be willing to discuss the issue with staff. Ms. Racansky stated treed lots could help improve air quality and removing trees soil excavation will release pollutants into the air. Council Meeting Minutes - 5 - April 11, 2011 She feels if lands are being removed from the Green space, then other lands that would improve the wetlands, stream and recharge functions should be added. Ms. Racansky feels that with 70% of Ontario wetland lost, it is time to take action and to protect wetlands with substantial buffers for the benefit of both wildlife and humans. The representative of 711053 Ontario Inc. advised prior to the meeting that they would not be addressing Council. Mayor Foster stated a pecuniary interest with respect to the delegation of Allan Lambert as he is an associate member of the Courtice Lions Club and left the Council Chambers during discussion and voting on this matter. Councillor Woo chaired this portion of the meeting. Allan Lambert addressed Council concerning Correspondence Item D – 11 - Request to Waive Vendor’s Permit Fee to Sell Fireworks in Support of Courtice Lions Club. Mr. Lambert indicated that the Club has permission to sell fireworks at the corner of Taunton Road and Townline Road and that all the necessary safety equipment is in place. He noted the funds raised help assist the Club and the organizations they support such as guide and hearing dogs, sports teams and Camp Dorset and that the waiver of the fee would be of help to them. Mayor Foster returned to the meeting and resumed the chair. Wendy Bracken addressed Council concerning Correspondence Item I – 1 – Minutes of the St. Marys Cement Community Relations Committee, regarding emissions. Ms. Bracken stated that since moving to the area 20 years ago she has been concerned with the brown haze from St. Marys Cement. She indicated that the proposed incinerator has brought to light the degree of pollution coming from St. Marys. Ms. Bracken referenced information from Environment Canada’s National Pollutant Release Inventory which lists St. Marys Cement as the third highest nitrogen oxide emitter in all of Ontario. Ms. Bracken stated that nitrogen oxides are respiratory irritants and lead to premature mortality. She expressed concern with the 3,372 th tonnes on-site releases and noted that St. Marys is the 13 highest emitter of sulfur dioxide. Ms. Bracken expressed concern with a statement in the minutes that notes St. Marys production is up and that they are expecting they will exceed the SO2 and NOX allowance, but will use their credits. She stated that Council needs to act on this to determine what action to take and suggested that a letter of concern be sent to St. Marys and that staff be directed to monitor emissions and exceedances. Ms. Bracken stated there are many schools and subdivisions close to this plant and that school children and residents breathe this pollution 24 hours per day, seven days per week. She urged Council to do its due diligence for clean air and to take action. Council Meeting Minutes - 6 - April 11, 2011 COMMUNICATIONS Resolution #C-187-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Item I – 5. “CARRIED” I - 1 Minutes of the St. Marys Cement Community Relations Committee dated November 23, 2010 I - 2 Minutes of the Clarington Heritage Committee dated March 15, 2011 I - 3 Minutes of the Clarington Museums and Archives Board dated February 16, 2011 I - 4 Bruce McCuaig, President and Chief Executive Officer, Metrolinx, advising of the integration of Presto, the regional farecard system, as a division of Metrolinx; indicating the transition furthers Metrolinx’s mandate of establishing a seamless transportation network in the Greater Toronto and Hamilton Area; and, advising that current Presto users will see no change to the way they use their card, they will still be able to tap onto transit easily and quickly and that all Presto card activities will still be available at www.prestocard.ca. The integration process is expected to be complete by late 2011. I - 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding additional hard copies of the Energy-From-Waste Advisory Committee Terms of Reference (February 18, 2011), Energy-From-Waste Advisory Committee Terms of Reference Comment and Response Table (February 18, 2011) and the Durham/York Energy-From-Waste Draft Complaint Protocol for Design, Construction and Operations (January 31, 2011), in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Section 3 Public Record. Council Meeting Minutes - 7 - April 11, 2011 I - 7 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to P. Madill, Regional Clerk, Regional Municipality of Durham, advising that on March 21, 2011, the Township of Brock passed a resolution in support of the Municipality of Clarington’s request that Durham Region reconsider their position to no longer reimburse lower-tier municipalities for roadside clean-ups; and, requesting the Region to provide the same consideration to Brock as what has been previously provided to Clarington. I - 8 Gail Rickard, Library Board Chair, Clarington Public Library, expressing appreciation for Council’s support of the library’s 2011 Capital and Operating Budget requests. I - 9 John R. O’Toole, MPP Durham, advising that he has been working with residents and Councils regarding the placement of commercial fill in the Township of Scugog and requesting that he be kept informed of any other fill requests or permit applications regarding fill within the Oak Ridges Moraine or the Greenbelt so that he will be able to work with Council and to inform the Provincial government to better serve his constituents. I - 10 Joyce Kufta, Village Concerts, expressing appreciation to Council on behalf of the Newcastle Village Concerts Committee for the $750 Municipal Grant; indicating that the Tuesday night free concerts in Newcastle Parkette have been a huge success and have also helped the East Clarington Food Bank as many attendees bring donations; th and, advising the concert series begins on Tuesday, June 14 and runs until August 23, 2011. I - 5 Linda Gasser writing to Councillor Don Mitchell, Chair, Finance and Administration Committee, Region of Durham, requesting that the Project Team for the Energy-From-Waste facility be directed to reschedule the next Energy-From-Waste Advisory Committee meeting and Certificate of Approval presentation to an evening meeting so that interested parties including Councillors, municipal staff and the public have the opportunity to hear the Certificate of Approval presentation and that Council and the public be notified when the date is finalized so that they may make arrangements to attend and/or file requests to make delegations. Council Meeting Minutes - 8 - April 11, 2011 Resolution #C-188-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Municipality of Clarington support the rescheduling of future Energy-From- Waste Advisory Committee meetings and the Certificate of Approval presentation to evening meetings and the public be notified of the dates so that they may make arrangements to attend and/or file requests to make delegations. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D – 11 was received as a Hand-Out. Resolution #C-189-11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 6, be approved as per the agenda. “CARRIED” D - 1 Derrick McKay, Race Director, Courtice Kids Multisport Series, requesting permission to close Nash Road from 8:30 a.m. to th 11:30 a.m. on Sunday, August 21, 2011, for the 5 Annual “Courtice Kids of Steel Triathlon”; and, advising that the organization will be providing insurance coverage up to $5 million and will also obtain the appropriate road closure permits for Courtice Road. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Dr. Eric Hoskins, Minister, Ministry of Citizenship and Immigration, advising nomination forms and information outlining details of the selection process for the Lincoln M. Alexander Award 2011, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination, are available on the Ministry’s website at www.ontario.ca/honoursandawards. The deadline for submission is May 31, 2011. (Correspondence referred to the Municipal Clerk to place information on the municipal website) Council Meeting Minutes - 9 - April 11, 2011 D - 3 Mia Ponsen, Secretary and David Moorhouse, Treasurer, Pride Durham Inc., requesting the week of June 6 to 12, 2011, be proclaimed as “Pride Week” and for the Rainbow Flag to be raised on one of the municipality’s flagpoles for the week, in celebration of the Gay, Lesbian, Bisexual, Transgender and Transsexual (LGBT) communities accomplishments and culture and to send a message of tolerance, openness and hope. (Proclaimed and permission granted to fly the Rainbow Flag) D - 4 Dianne Fernlund, Crossing Guard Coordinator, Municipality of Clarington, requesting May 2, 2011, be proclaimed as “School Crossing Guard Appreciation Day” in recognition of the valuable service and dedication to child safety provided by Clarington’s School Crossing Guards. (Proclaimed) D - 5 Kathy McLaughlin, Secretary, Bowmanville Santa Claus Parade, th requesting permission to host the 50 Annual Community of Bowmanville Santa Claus Parade on Saturday, November 19, 2011, beginning at 10:30 a.m.; advising the parade will commence on Church Street by the Old Fire Hall and end at Memorial Park on Liberty Street; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; 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) D - 6 Jackelyn Forsey requesting that May 12, 2011, be proclaimed “Chronic Fatigue Syndrome/Myalgic Encephalomyelitis, Fibromyalgia and Multiple Chemical Sensitivities National Awareness Day” in support of the 440,000 individuals in Ontario who have been diagnosed with one or all of these illnesses and to help raise public awareness, educate the medical profession, raise funds for necessary services and end the stigma and discrimination that accompany these diseases. (Proclaimed) Council Meeting Minutes - 10 - April 11, 2011 D - 7 Debbie Shields, City Clerk, City of Pickering, writing to the Central East Local Health Integration Network advising that on March 21, 2011, the City of Pickering adopted the following resolution pertaining to Ajax Pickering Hospital: “WHEREAS in the spring and summer of 2008, during the public discussions regarding elimination of mental health beds at the Ajax- Pickering Hospital, members of Friends of the Ajax-Pickering Hospital wrote to the Minister of Health asking that the Rouge Valley Health System be dissolved and that the Ajax-Pickering Hospital be amalgamated with the Lakeridge Health Network; and WHEREAS the Ajax-Pickering Hospital is undergoing a major expansion of emergency care facilities. There was also to have been an expansion of mental health in-patient services but RVHS decided last year to relocate all of those services to Centenary. Despite public outcry in opposition to this change, both the LHIN and the Courts have ruled that changes such as this one, within a healthcare corporation, are not subject to external review; and WHEREAS the projections indicate that the population of Durham Region will grow at more than twice the rate of any other community or county within the CELHIN. The total population of Durham will quickly and significantly exceed that of Scarborough; and WHEREAS as the Region’s population grows it will be crucial to have a coordinated, Region-wide view to implementing and managing healthcare resources and none of these are more important than the critical care hospitals serving the Region. A single corporation focused on Durham Region is the simplest and most affordable way to realize this goal; and WHEREAS a Durham Region focus will significantly improve fundraising from all three sources within Durham Region: local and regional focus will appeal to the local nature of communities. As the communities of Durham Region grow from Pickering to Newcastle there is a legitimate expectation that a broad range of medical services will be available here. NOW THEREFORE the Council for the City of Pickering supports a single hospital corporation for all communities within Durham Region; and, THAT the Central East Local Health Integration Network be requested to explore how this goal might be best achieved to serve the residents of Durham Region; and, Council Meeting Minutes - 11 - April 11, 2011 THAT all municipalities in Durham Region and the CELIHN be so advised.” Resolution #C-190-11 Moved by Councillor Partner, seconded by Councillor Woo THAT the resolution from the City of Pickering, with respect to Ajax Pickering Hospital, be received for information. “CARRIED” D - 8 Kathy Kielt, Acting Deputy Clerk and Supervisor of Council and Committee Services, Regional Municipality of Halton, advising Council that on March 30, 2011, the Regional Municipality of Halton adopted the following resolution pertaining to Harmonized Sales Tax (HST) revenue and a new funding mechanism for transportation infrastructure: “WHEREAS the introduction of the Harmonized Sales Tax (H.S.T.) on July 1, 2010, and its application to gasoline and diesel sales will result in new revenue for the Government of Ontario; and WHEREAS based on 2010 average price levels of gasoline and diesel, and 2009 average consumption levels in Ontario, the Government of Ontario’s projected new revenue will be approximately $1.53 billion annually; and WHEREAS the Provincial-Municipal Fiscal and Service Delivery Review identified a transportation infrastructure investment gap between the Government of Ontario and Ontario’s municipalities of approximately $3.8 billion; and WHEREAS a lack of sufficient funding for essential transportation infrastructure construction, maintenance and rehabilitation has created a situation where many of Ontario’s municipalities do not have the financial capacity to construct new transportation infrastructure and conduct the maintenance and rehabilitation needed to sustain existing transportation infrastructure; and THEREFORE BE IT RESOLVED THAT the Council of the Regional Municipality of Halton requests that the Government of Ontario consider directing a portion of the revenue derived from HST charged on gasoline and diesel sales to a new predictable funding mechanism that will allow Ontario’s municipalities to make the critical investments needed to be effective stewards of transportation infrastructure; and Council Meeting Minutes - 12 - April 11, 2011 FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, Hon. Dwight Duncan, Minister of Finance, Hon. Kathleen Wynne, Minister of Transportation, Hon. Bob Chiarelli, Minister of Infrastructure, the Ontario Good Roads Association and to CAA South Central Ontario; and FURTHER THAT this resolution be circulated to all municipalities in Ontario requesting their support. Resolution #C-191-11 Moved by Councillor Hooper, seconded by Councillor Woo THAT the resolution from Regional Municipality of Halton, with respect to Harmonized Sales Tax (HST) revenue and a new funding mechanism for transportation infrastructure, be endorsed. “CARRIED” D - 9 Ted and Beth Meszaros and Sherry Ibbotson, Citizens for Clean Water and Soil, expressing concern with the dust and dirt affecting human health, pets, vegetation and roadside conditions, as well as the short and long-term effects to the water system resulting from the dumping of commercial fill at the Morgans Road site; and advising that the resolution passed by Council on March 28, 2011 is not strong enough and they have suggestions to present as to how Council and staff can be of further assistance to residents. Resolution #C-192-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Correspondence Item D – 9 from Ted and Beth Meszaros and Sherry Ibbotson, Citizens for Clean Water and Soil, with respect to commercial fill dumping on Morgans Road, be referred to staff. “CARRIED” D - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on March 9, 2011, Regional Council adopted the following resolution pertaining to Highway 407 East Extension – Regional Comments on Simcoe Street Construction Announcement by Infrastructure Ontario: “a) THAT Joint Report #2011-J-21 be received for information; Council Meeting Minutes - 13 - April 11, 2011 b) THAT a copy of Joint Report #2011-J-21 be forwarded to the Ministry of Transportation, Ministry of the Environment, Ministry of Infrastructure, Infrastructure Ontario, area municipalities, and Conservation Authorities; c) THAT the Province be advised that the Region of Durham’s position on the Highway 407 East extension is: THAT the Province honour its commitment to deliver the entire Highway 407 East undertaking by providing a definitive schedule for the next procurement process to complete the Highway 407 extension to Highway 35/115, as promised; and d) THAT the following resolution from the City of Oshawa, as outlined in Council Correspondence (CC#40) from the City of Oshawa to Premier Dalton McGuinty, be endorsed: ‘WHEREAS Infrastructure Ontario has indicated its interest to qualify project teams who will design, build, finance and maintain the east extension of Hwy 407; and WHEREAS the extension of Hwy 407 eastward from Brock Road in Pickering to Hwy 35/115, as originally agreed with the federal government in the FLOW Agreement dated March 2, 2007 is to be completed in one continuous phase; and WHEREAS the Province has recognized the importance of completing the 407 Hwy east extension all the way to Hwy 35/115 as being critical to advance economic development and create jobs for all southern Ontario thereby ensuring that Ontario businesses can compete on the world stage; and WHEREAS the Province has stated that due to financial constraints it must phase the construction of the 407 extension; THEREFORE, BE IT RESOLVED THAT the Province be requested to immediately proceed with the continuous construction of the 407 extension from Brock Road to Pickering to Hwy 35/115 through the issue of a RFP based on a Public Private Partnership (P3) where the Province would retain control and ownership under a funding model inclusive of the capital construction, ongoing maintenance and operation costs and a schedule of user fees which would respond to the market, encourage and support the use of truck traffic, and that this motion be forwarded to the Region of Durham, Durham Municipalities, Peterborough, Kawartha Lakes, Cavan-Monahan, Ontario MPs and MPPs, and AMO’.” Council Meeting Minutes - 14 - April 11, 2011 Resolution #C-193-11 Moved by Councillor Traill, seconded by Councillor Hooper THAT the resolution from the Regional Municipality of Durham, with respect to Highway 407 East Extension – Regional Comments on Simcoe Street Construction Announcement by Infrastructure Ontario, be endorsed. “CARRIED” Mayor Foster stated a pecuniary interest with respect to Correspondence Item D – 11 as he is an associate member of the Courtice Lions Club and left the Council Chambers during discussion and voting on this matter. Councillor Woo chaired this portion of the meeting. D - 11 Allan Lambert, requesting waiver of the $300 Vendor’s Permit fee to sell fireworks from May 18, 2011 to May 23, 2011 to raise funds for the Courtice Lion’s Club. All proceeds from the sale will support the Lion’s Camp Dorset and other self supporting organizations in Clarington. Resolution #C-194-11 Moved by Councillor Partner, seconded by Councillor Neal THAT the request from Allan Lambert for waiver of the $300 Vendor’s Permit fee to sell fireworks from May 18, 2011 to May 23, 2011, be approved. “CARRIED” Mayor Foster returned to the meeting and resumed the chair. COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 4, 2011. Resolution #C-195-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of April 4, 2011 be approved, with the exception of Items #1, #5 and #11. “CARRIED” Council Meeting Minutes - 15 - April 11, 2011 Item #1 Resolution #C-196-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the sign for the proposed Newcastle Fire Hall remain in place. “MOTION WITHDRAWN” Resolution #C-197-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the sign for the proposed Newcastle Fire Hall be reinstalled with revised wording indicating that the site is one of the proposed locations for the New Newcastle Fire Hall. “MOTION LOST” Resolution #C-198-11 Moved by Councillor Woo, seconded by Councillor Partner THAT the sign for the proposed Newcastle Fire Hall be removed until September, 2011, when the Municipality has a better idea of the location of the new Newcastle Fire Hall. “CARRIED” Item #5 Resolution #C-199-11 Moved by Councillor Neal, seconded by Councillor Woo THAT Report PSD-030-11 be received; THAT Clarington Official Plan Amendment (COPA 2011-001) continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting; THAT the delegations of Kurt Gelder and Libby Racansky be referred to staff; and THAT all interested parties listed in Report PSD-030-11 and any delegations be advised of Council's decision. “CARRIED” Council Meeting Minutes - 16 - April 11, 2011 Item #11 Resolution #C-200-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report CLD-010-11 be received; THAT the appointment of the following individuals to the Orono Arena Board be confirmed: Orono Amateur Athletic Association Representative Gord Lowery Orono Amateur Athletic Association Representative Laverne Boyd Durham Central Agricultural Society Representative Elaine Dillon; THAT Councillor Woo be appointed as a Council representative on the Orono Arena Board; THAT the appointment of the following individuals to the Solina Community Centre Board be confirmed: Jennifer Bowman Viola Ashton Karen Dair David Best Sue Olsen; THAT By-law 2008-039 be amended to change the composition of the Tyrone Hall Board from 13 citizen representatives to nine citizen representatives; THAT the appointment of the following individuals to the Tyrone Hall Board be confirmed: Mark Canning Alvin Hare Corinne Van deGrootevheen Larry Quinney Kim Panokeok; Don Wilks Denise Franklin Paul Rowan Laurie Lafrance THAT Councillor Partner be appointed as a Council representative on the Tyrone Hall Board; and Council Meeting Minutes - 17 - April 11, 2011 THAT Councillor Partner be appointed as a Council representative on the Newcastle Arena Board. “CARRIED” STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS Resolution #C-201-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2011-039 to 2011-045 2011-039 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Condominium S-C-2007-0001, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of S-C-2007-0001 2011-040 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2011-041 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2011-042 Being a by-law to establish certain lands as public highway, assume them for public use and name them 2011-043 Being a by-law to amend By-law 2006-152, being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington 2011-044 Being a by-law to amend By-law 2008-039 to establish a Municipal Service Board to operate a Community Hall in Tyrone in the former Township of Darlington, now in the Municipality of Clarington Council Meeting Minutes - 18 - April 11, 2011 2011-045 Being a by-law to provide for the apportionment of costs of Division Fences; and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Neal questioned emissions at St. Marys Cement and whether the Municipality had jurisdiction over the matter. Mayor Foster indicated that while the Municipality does not have jurisdiction, it did not mean that staff could not get involved. He suggested that Council wait until St. Marys conducts their annual presentation to Council or for Councillor Neal to bring the matter up at the next General Purpose and Administration Committee meeting. Mayor Foster stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. Councillor Woo chaired the remainder of the meeting. CONFIRMING BY-LAW Resolution #C-202-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2011-046, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 11 day of April, 2011; and THAT the said by-law be approved. “CARRIED” Council Meeting Minutes - 19 - ADJOURNMENT Resolution #C-203-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the meeting adjourn at 8:38 p.m. "CARRIED" M O April 11, 2011