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HomeMy WebLinkAbout05/02/2011C]A __~ ~~ Adopted as Amended ceadrngrneway Council Meeting Minutes MAY 2, 2011 Minutes of a regular meeting of Council held on May 2, 2011 at 7:00 p.m., in the Council Chambers. Councillor Neal led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal, attended until 9:54 p. m. Councillor M. Novak Councillor W. Partner Councillor C. Traill, attended until 10:13 p.m. Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Manager of Transportation & Design, L. Benson Director of Community Services, J. Caruana Manager of Communication & Tourism, J. Cooke, attended until 7:33 p.m. Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Items #4 and #12 of Report #1 and By-law 2011-049. Mayor Foster indicated that he would be declaring a pecuniary interest with respect to Correspondence Item D - 4. Later in the meeting, Councillor Partner declared a pecuniary interest with respect to Item #12 of Report #1. Council Meeting Minutes - 2 - May 2, 2011 ANNOUNCEMENTS Councillor Novak announced the following: ? She extended congratulations to all who participated in “PITCH-IN” Week, noting that she participated with Ontario Power Generation and the clean-up on the Courtice Millennium Trail. ? She represented the Municipality at the opening of the new Durham College Employment Centre in Bowmanville. ? On Wednesday, April 29, 2011, she, along with Councillor Neal and Mayor Foster attended Friends of the Second Marsh Dinner. ? She expressed congratulations to Veridian Corporation on being named as one of Canada’s greenest employers. Councillor Hooper announced the following: ? On April 27, 2011, he represented the Municipality at the Clarington Board of Trade Annual General Meeting and Business Awards and extended congratulations to Martin Vroegh, President and the new Board Members and to Award winners Tom, Steve and Glenn Barrie of Terwidlen Farms, 2011 Excellence in Agriculture Recipients, Tom Brewer and Valerie Mueller, Cargowall Ltd., Excellence in Innovation Recipients and to Hannu Halminen, Business Person of the Year. ? On April 28, 2011, he represented the Municipality at Ontario Power Generation for the Day of Mourning Ceremony. ? He extended congratulations to students of Harold Longworth Public School and The Pines Senior Public School who won Gold Medals competing against 64 teams in the 2011 Battle of the Books Competition. ? Maple Festival and All That Jazz will be held on Saturday, May 7, 2011, in downtown Bowmanville. ? This past weekend, he, along with Mayor Foster, attended the Ontario Association of Fire Chiefs’ Convention in Toronto. The event was well attended and attracted three Government Ministers. Councillor Partner announced the following: ? On Wednesday, April 27, 2011, she attended the monthly “Rebekka Raise the Roof” Fundraiser in Orono. They are hoping to raise $25,000 and the next th dinner is May 18. st ? On Thursday, April 21, she participated in “PITCH-IN” Week with Tim Horton’s where litter was picked up on both sides of King Avenue in Newcastle from the hole in the wall west to Tim Horton’s and the vacant lot to the south. Councillor Partner extended appreciation to the owner’s of Tim Horton’s who treated the volunteers to pizza and soft drinks. Council Meeting Minutes - 3 - May 2, 2011 rd ? On Saturday, April 23, she attended the Easter Bunny Breakfast at the Newcastle Town Hall, sponsored by the Newcastle BIA. She also attended an Easter Bunny “Throw an Easter Egg” party in Orono, sponsored by the Orono BIA. th ? On April 28, she attended the YMCA Child Care Centre at the Newcastle Public School providing a send-off for the youngsters participating in the Durham YMCA Child Care “Strong Kids Walk”. ? On April 30, 2011, she, along with Mayor Foster and Councillor Woo, attended th the Orono Horticultural Society’s 150 Anniversary. ? She is hosting a Golf Tournament for Ovarian Cancer Research “In the Face of an Angel” in memory of her mother, Bernice Partner. The tournament will be th held at Cider House Golf Course on May 29 and she can be contacted for further information. Councillor Traill announced the following: ? The final weigh in for the “Council on a Diet” Challenge in support of Feed the st Need Durham was held on April 21. She announced that 130 pounds in total were shed and $10,000 was raised. ? On Friday, April 29, 2011, she, along with Councillor Partner, toured Camp 30 with Fay Langmaid and Martha Rutherford-Conrad who provided a verbal history of the property. ? She attended The Alzheimer Society Durham’s Chocolate Lover’s Luncheon which raised $20,000. ? The Tyrone Community Centre is holding a traditional Dutch Dinner fundraiser on May 12, 2011. Councillor Woo announced the following: ? On April 11, 2011, Council proclaimed “School Crossing Guard Appreciation Day” and he extended appreciation to all of Clarington’s School Crossing Guards who protect children as they travel from home to school and back every day. ? On Wednesday, May 4, 2011, there will be a discussion group at the Newtonville Hall from 7:00 p.m. to 9:00 p.m. providing an update on the Port Granby Project. ? On Thursday, May 5, 2011, The Pines Senior Public School will be attempting to break the Guinness Book of World Records for the number of participants exercising to a video game. The current record is 605 participants and they hope to have 1000 participants. Mayor Foster announced the following: ? He extended congratulations to all electoral candidates running in today’s Federal Election. Council Meeting Minutes - 4 - May 2, 2011 ? He thanked all the groups who participated in PITCH-IN Week, noting he participated with the Courtice Lions Club. ? On May 11, 2011, the Pedal for Hope Tour, a 1000 kilometre cycling tour in support of Pediatric Cancer Research will pass through Clarington. ? On May 5, 2011, the Hilltop Restaurant will celebrate a grand re-opening. ? On May 10, 2011, the Ontario Trillium Foundation will present an information session for non-profit organizations on how to access funding. The session will be held from 6:30 p.m. to 8:00 p.m. at the Arts Resource Centre in Oshawa. Councillor Neal announced that he was the winner of the 50/50 draw at the Friends of Second Marsh Dinner and that he donated the winnings back to the Friends of Second Marsh. Resolution #C-204-11 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held April 11, 2011, be approved. “CARRIED” PRESENTATIONS Mayor Foster, on behalf of Members of Clarington Council, extended congratulations to the Clarington Atom AAA Team Members on their Ontario Hockey Federation Championship. The championship game delivered the first ever OHF gold medal at the AAA level and the team won gold right here at home. He extended appreciation to Bob Englebert and Steve Troughton and to all the parents for their efforts. Mayor Foster presented congratulatory certificates to Scott Westwood, Mitch Doyle, Ryan Pierce, Riley Girard, Alex Lepizzera, Riley McCutcheon, Tyler Jones, Ryan Troughton, Cameron Hillis, Jamie Englebert, Liam Robertson and Nathan Baumhauer. Mayor Foster presented congratulatory certificates to Paul McGregor, Goalie Coach, Bob McCutcheon, Trainer, Jody Smith, Manager, and Dean Baumhauer, Head Coach. Certificates were also prepared for team members Ian Maclean, Brett Underwood, Owen Boyle, Declan Chisholm and Mason Snell and to Dave Fairey, Doug Pierce and Mark Underwood, Assistant Coaches, who were unable to attend this evening. Council Meeting Minutes - 5 - May 2, 2011 DELEGATIONS Lou DeVuono addressed Council concerning Correspondence Item I – 12 – Heroes Highway Ride & Rally. Through use of a PowerPoint presentation, Mr. DeVuono provided a slideshow highlighting the 2010 event. Mr. Devuono stated this year’s event will take place on June 4, 2011, in Oshawa and they are projecting between 2500 to 4000 bikes to participate and 8000 to 12000 attendees. Mr. DeVuono indicated that his main purpose in attending this evening was to express appreciation to Council for their support in allowing the event to come to Clarington last year which provided a great foundation to build upon. He is hoping that the ride and rally will spread across Canada as a way to thank Canada’s Troops and noted he has already had inquiries from Clubs in Alberta and British Columbia. Mr. DeVuono invited Members of Council to attend this year’s event and provided promotional posters for display. Karen Tremblay addressed Council concerning Correspondence Item D – 9 – Proposed Official Plan Amendment No. 80 – Location of Provincially Significant Wetlands. Ms. Tremblay questioned how these changes can be made without proper notification to the property owners and advised that a door-to-door campaign has identified 400 addresses that are directly affected by the proposal. Ms. Tremblay stated many of the residents they have encountered are in their seventies and eighties who are being faced with a loss to their retirement nest egg or are young professionals whose property will greatly decrease in value and who will be unable to make changes. Ms. Tremblay stated if the designation is forced on property owners, the Municipality must provide compensation. She stated that to date, there has not been one resident who was aware of the studies being conducted. Ms. Tremblay requested that Council halt the process immediately as it is imperative that these changes not be made without notice and clear proof that the study was done properly and that the financial status is understood. Ms. Tremblay stated the Municipality needs to contact each affected resident and that holding a Town Hall meeting would be a judicious move. She urged Council to work with staff and residents to protect the true wetlands. Resolution #C-205-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the order of the agenda be altered to consider Correspondence Item D – 9 at this time. “CARRIED” Council Meeting Minutes - 6 - May 2, 2011 CORRESPONDENCE FOR DIRECTION D - 9 Form letters dated April 20, 2011, have been received from Ewan Hannis, Thomas Rivers, Joan Jubb, Klaus Walkau, Jeff Henry and Joan Seaton, indicating that their properties will be directly impacted by the Proposed Official Plan Amendment No. 80, if adopted, regarding the location of Provincially Significant Wetlands; questioning why the Municipality did not contact each affected property owner directly as proposed changes will dramatically devalue their property and, in some cases, threaten their livelihoods; indicating that they will be contacting the Ministry of Natural Resources to request site specific documentation of studies conducted on their lands; suggesting that there are many inconsistencies on the map of the proposed changes with respect to properties with areas identified as wetlands that are clearly not wetlands and areas that are clearly wetlands that are not identified; and, requesting that the process be stopped immediately and that a moratorium be placed on the matter until sufficient investigation can be done to determine that the MNR and the Municipality have followed all of the proper procedures, and that all land owners impacted have been contacted and allowed to become part of the decision-making process. Resolution #C-206-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D – 9 be referred to the Director of Planning Services; and THAT the Ministry of Natural Resources, Central Lake Ontario Conservation Authority, Bev Oda, MP, Durham, John O’Toole, MPP, Durham and other parties be invited to an evening Town Hall meeting to make a presentation and to answer questions from the residents. “CARRIED AS AMENDED LATER IN THE MEETING” (See Following Motion) Resolution #C-207-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C-206-11 be amended to add “and that each landowner whose property falls within the area designated by the amendment be sent notice of the public meeting”. “MOTION WITHDRAWN” Council Meeting Minutes - 7 - May 2, 2011 Resolution #C-208-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the foregoing Resolution #C-206-11 be amended to add “THAT all affected landowners be advised of the public meeting by ordinary mail.” “CARRIED” Resolution #C-206-11 was then put to a vote and CARRIED AS AMENDED. DELEGATIONS Mary-Ann Nova, Executive Director, Nova’s Ark, addressed Council concerning Correspondence Item D – 18 – Request for Exemption to By-law 93-161. Ms. Nova stated she owns a ten acre property in Brooklin that houses 200 therapy, farm and exotic animals. Ms. Nova stated Nova’s Ark connects therapy animals with youth volunteers and brings in children and youth with special needs, creating circles of friends and interaction. Ms. Nova stated the Bowmanville Rotary Club has donated funds towards their gazebo and to thank the Club for their support, she is requesting an exemption to the Municipality’s Exotic Pet By-law to permit Nova’s Ark to attend the Rotary Club’s Ribfest as an opportunity to thank Clarington for their support and to bring some of their gentle therapy animals to share their stories. Ms. Nova stressed Nova’s Ark is not a petting zoo, that each animal will be held or leashed and that their programs provide social interaction and communication, teaching respect for one another. Resolution #C-209-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the order of the Agenda be altered to consider Correspondence Item D – 18 at this time; and THAT the request from Mary-Ann Nova, Executive Director, Nova’s Ark, for exemption to the Exotic Pet By-law 93-161 for the period June 10 to 12, 2011, be approved. “CARRIED” Council Meeting Minutes - 8 - May 2, 2011 CORRESPONDENCE FOR DIRECTION D - 18 Mary-Ann Nova, Executive Director, Nova’s Ark, a unique facility connecting special needs children, volunteer youth leaders and a wide variety of gentle animals together to create social and communication circles of friends whose mission statement is to “build acceptance through understanding”; advising the Bowmanville Rotary Club have invited Nova’s Ark to participate in the Ribfest to be held June 10 to 12, 2011; indicating that Nova’s Ark is not a petting zoo and that each animal comes with an experienced youth volunteer and is either held or led on a short lead, they are a registered charity insured for $5 million and have never had any incidents or claims; and, requesting an exemption to the Exotic Pet By-law to permit Nova’s Ark to attend the Ribfest organized by the Bowmanville Rotary Club. COMMUNICATIONS Resolution #C-210-11 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 - 4, I - 8, I - 10, I - 13 and I - 16. “CARRIED” I - 1 Minutes of the Newcastle Memorial Arena Management Board dated March 8, 2011. I - 2 Minutes of the Ganaraska Region Conservation Authority dated March 17, 2011. I - 3 Minutes of the Central Lake Ontario Conservation Authority dated April 19, 2011. I - 5 Susan DaCosta, Secretary Treasurer, Orono Town Hall, expressing appreciation to Council on behalf of the Orono Town Hall Board for the municipal grant in the amount of $2,500. I - 6 Kim Coates, AMCT, Clerk, Township of Scugog, advising Council that on March 28, 2011, the Township of Scugog adopted the following resolution pertaining to Request to Support City of Oshawa Resolution regarding the Highway 407 East Extension: “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 Council Meeting Minutes - 9 - May 2, 2011 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 of 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 in Pickering to Hwy 35/115 through the issue of a RFP based on 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.” I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Terry Clayton, Chair, Durham Trail Co-ordinating Committee, advising that on April 6, 2011, Regional Council adopted the following resolution pertaining to Durham Trail Co-Ordinating Committee (DTCC) 2010 Annual Report and 2011 Workplan: “a) THAT Report #2011-P-25 of the Commissioner of Planning be received as the Durham Trail Co-ordinating Committee’s annual report on its activities in 2010; b) THAT the 2011 Durham Trail Co-ordinating Committee Workplan, outlined in Attachment 1 to Report #2011-P-25, be approved; and c) THAT a copy of Report #2011-P-25 be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities.” Council Meeting Minutes - 10 - May 2, 2011 I - 9 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding a hard copy of the Identification of Professional Engineer to Complete an Independent Audit of the Undertaking (April 13, 2011) document, 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. A copy of the document is also available on the project website at http://www.durhamyorkwaste.ca/project/whats_new.htm and http://www.durhamyorkwaste.ca/project/project_doc.htm. I - 11 Canadian Environmental Assessment Agency News Release dated April 19, 2011, inviting the public to comment on the Comprehensive Study Report for the proposed 407 East Transportation Corridor Project; indicating the Report includes the Agency’s conclusions and recommendations regarding the adverse environmental effects that are likely to result from the project, the significance of those effects, and appropriate measures to mitigate any significant adverse environmental effects; and, advising that following the public comment period, the Minister of the Environment will review the Study Report along with accompanying public comments and make his environmental assessment decision. The Study Report and additional information on the project are available on the Agency’s website at www.ceaa-acee.gc.ca. Comments are to be received by May 20, 2011. I - 12 Lou DeVuono, Heroes Highway Ride & Rally Association, Founder and Executive Director, expressing appreciation to Council for their support of the 2010 Heroes Highway Ride & Rally and extending an invitation to Members of Council and Clarington residents to join their 2011 event to be held in Oshawa on June 4, 2011. Last year’s event saw over 1000 motorcycles parade along the Highway of Heroes from Belleville to Bowmanville joining with several thousand more attendees at the rally. This year the organizers are anticipating 2500 to 4000 motorcycles and over 10,000 attendees making the 2011 Heroes Highway Ride & Rally the largest event of its kind in Canada. I - 14 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington, extending appreciation to the Municipality for the $2,000 grant which will allow Big Brothers & Big Sisters to continue delivering high quality, volunteer-based mentoring programs to children of Clarington and to expand and enrich the programs they provide. I - 15 Minutes of the Clarington Heritage Committee dated April 19, 2011. Council Meeting Minutes - 11 - May 2, 2011 I - 4 Dave McCauley, Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Natural Resources Canada, advising that on behalf of the Federal government, the Port Hope Area Initiative Management Office (PHAI MO) will seek a Waste Nuclear Substance Licence from the CNSE for the cleanup and long-term management of low-level radioactive waste in Port Hope and at the Port Granby facility in Clarington; forwarding a description of the options by which the licensing will proceed and suggesting that the Municipality advise the CNSC as to which form of licensing process it would prefer; and, indicating that Natural Resources Canada appreciates the ongoing support of Council and staff with respect to the Port Hope Area Initiative and looks forward to working together towards successful implementation of the Project. Resolution #C-211-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item I – 4 from Dave McCauley, Director, Uranium and Radioactive Waste Division, Electricity Resources Branch, Natural Resources Canada, with respect to licensing for the Port Granby Project, be referred to staff. “CARRIED” I - 8 John R. O’Toole, MPP, Durham, commending Council for the swift actions taken regarding the issue of soil transfer and the operation on Morgans Road, indicating that the pressure to accept soil will only increase throughout Durham until proper regulations are set in place; advising that he feels that a follow-up meeting with the province is necessary to ensure the matter of soil transfer remains on the agenda of the Ministries of Environment, Municipal Affairs and Natural Resources; and, forwarding copies of his letters to the Ministers requesting a response to his request for a meeting. Resolution #C-212-11 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence Item I – 8 from John R. O’Toole, MPP, Durham, with respect to transportation of commercial fill, be endorsed. “CARRIED” Council Meeting Minutes - 12 - May 2, 2011 I - 10 Susan Self, Chair, Credit Valley, Toronto and Region and Central Lake Ontario (CTC) Source Protection Region Committee, providing background information on the formation of the CTC under the provisions of the Ontario Clean Water Act and associated regulations; highlighting steps in the process to be taken to develop and implement a Source Protection Plan, outlining policies and programs to eliminate or mitigate existing Significant Threats and to ensure that no new threats develop and possibly include policies and programs to address moderate or low drinking water threats; indicating that a Source Protection Plan working group is overseeing development of policy options for the committee and will strive to maximize accountability and transparency in the preparation, consultation and implementation of Source Protection Plan policies; and, advising that if Council would like further information or a presentation with staff or Councillors to advise John Presta, Clarington’s representative. The Municipality will also receive notification when there is a formal opportunity for Clarington to review and provide input on the draft policies. Further information is available by contacting Beverley Thorpe, Project Manager at 416-661-6600, extension 5577. Resolution #C-213-11 Moved by Councillor Traill, seconded by Councillor Partner THAT Correspondence Item I – 10 from Susan Self, Chair, Credit Valley, Toronto and Region and Central Lake Ontario (CTC) Source Protection Region Committee, be received for information; and THAT the Central Lake Ontario (CTC) Source Protection Region Committee be requested to make a presentation to the General Purpose and Administration Committee regarding the Source Protection Plan. “CARRIED” I - 13 Association of Municipalities of Ontario (AMO) advising that on April 19, 2011, the Provincial government introduced legislation to amend the Fire Protection and Prevention Act (FPPA) with respect to imposing a duty of fair representation on bargaining agents for firefighters and to set mandatory retirement for firefighters regularly assigned to fire suppression duties; providing initial comments from AMO noting that until the Bill is passed and receives Royal Assent, it is not law; and, indicating that additional commentary on the proposed legislation can be found at: http://www.hicksmorley.com. Council Meeting Minutes - 13 - May 2, 2011 Resolution #C-214-11 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I – 13 from the Association of Municipalities of Ontario, with respect to the introduction of Firefighters Mandatory Retirement Legislation, be referred to staff. “CARRIED” I - 16 Minutes of the Clarington Agricultural Advisory Committee dated April 14, 2011. Resolution #C-215-11 Moved by Councillor Woo, seconded by Councillor Partner THAT theMinutes of the Clarington Agricultural Advisory Committee dated April 14, 2011, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D – 19 was received as a Hand-Out. Resolution #C-216-11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 8 and Hand-Out Correspondence Item D - 19, be approved as per the agenda, with the exception of Correspondence Item D - 4. “CARRIED” D - 1 Karen Clarke, Spina Bifida & Hydrocephalus Association of Ontario, requesting the month of June to be proclaimed as “Spina Bifida and Hydrocephalus Awareness Month” to help raise awareness of the work the Association provides on behalf of those with spina bifida and hydrocephalus and their families through information and education programs and funding of research to find ways to prevent and treat these life long, complex conditions. (Proclaimed) Council Meeting Minutes - 14 - May 2, 2011 D - 2 Lynn Faris, expressing concern with graffiti on mailboxes, light standards, electrical boxes, signs, etc.; requesting what steps the Municipality is taking regarding defacing of property; and, requesting to be advised of the plan of action. (Correspondence referred to staff) D - 3 Sheila Nicholas, Chair, Teachers of English as a Second Language Association of Ontario, requesting the week of October 23 to 29, 2011, be proclaimed “English as a Second Language Week” in Clarington; and, inviting Members of Council to participate in their annual conference to be held October 27 to 29, 2011, providing professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens and visitors wishing to improve their ability to communicate in English. (Proclaimed) D - 5 Terra and Perry Mucci, expressing concern with the location of the proposed grocery store at the northeast corner of North Street and King Avenue in Newcastle due to traffic flow, safety of residents, noise, potential flooding issues; and, suggesting alternative locations that could accommodate the proposal without compromising the safety, environment, culture and historical value of the downtown corridor, while maintaining the opportunity for growth and development in Newcastle. (Correspondence referred to the Director of Planning Services) D - 6 Raylene Baker, Registrar of Canadian Citizenship, Citizenship and Immigration Canada, announcing the launch of Canada’s Citizenship Award 2011, an award to recognize Canadians who demonstrate exemplary citizenship by assisting newcomers to successfully integrate into the Canadian family, or who promotes active citizenship by putting into practice the rights and responsibilities of Canadian citizenship; advising that recipients of the Award will be announced during Citizenship Week which takes place October 17 to 23, 2011; and, forwarding promotional information and the nomination form. The deadline for submission is May 13, 2011. (Correspondence referred to the Municipal Clerk to place information on the municipal website) Council Meeting Minutes - 15 - May 2, 2011 D - 7 Ron Armstrong, Armstrong Harrison Associates Planning & Land Development Services, writing on behalf of Abe’s Auto Re-Cycling, indicating that they have reviewed Official Plan Amendment 77 and find that it does not make accommodation for their client’s existing use, nor does it permit the business to find a more suitable industrial property where the use could be continued within Clarington, to serve the existing marketing opportunity; suggesting that recycling of large and complex manufactured goods such as automobiles can fairly be seen as more beneficial to society than many other types of recycling such as paper and other fibres but the policies in the existing OP, combined with the additions of OPA 77 seem to be moving the municipality backward instead of forward in this regard; advising that they do not wish to appeal OPA 77 and create conflict with the Municipality; however, the contents of proposed OPA 77 leave little choice in order to preserve the business; and, requesting that staff be directed to re-open discussions with Abe’s Auto Re-Cycling with a view to resolving issues that under currently proposed OPA 77 will prevent relocation of the business and hopefully avoid an appeal to the Ontario Municipal Board. (Correspondence referred to the Director of Planning Services) D - 8 Andrew and Sue Stenhouse, requesting detailed information and maps regarding the Proposed Official Plan Amendment No. 80 regarding the location of Provincially Significant Wetlands with respect to changes to residences on Maple Grove Road; expressing disappointment and concern that there has been no direct contact to date with any of the affected taxpayers by either Provincial or Municipal officials; and, requesting that they be put on an advisory contact list so that they will receive information and notification of pertinent planning and Council meetings in which the proposed amendment will be discussed. (Correspondence referred to the Director of Planning Services) D - 19 Lyle Goodin, Director, Rotary Club of Bowmanville requesting that the fourth annual Rotary Ribfest to be held June 10, 11 and 12, 2011, be designated as a Community Festival as per the Alcohol and Gaming Commission requirements for Special Occasion Permits. (THAT the Rotary Ribfest to be held June 10, 11 and 12, 2011, be designated as a Community Festival as per the Alcohol and Gaming Commission requirements for Special Occasion Permits) Mayor Foster stated a pecuniary interest with respect to Correspondence Item D – 4 as he is a Member of the Lions Club of Courtice and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 16 - May 2, 2011 Councillor Novak chaired this portion of the meeting. D - 4 Steve Shanks, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs, a pet-friendly, family walk to raise funds to help raise, train and provide Dog Guides to serve Canadians with disabilities in the areas of mobility, safety and independence on Sunday, May 29, 2011; outlining the proposed route starting at 9:00 a.m. at the Courtice Complex; indicating that liability insurance in the amount of $2,000,000 has been secured; and, inviting Members of Council and staff to participate in the walk and to pre-register at www.purinawalkfordogguides.com. Resolution #C-217-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT the request from Steve Shanks, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs on Sunday, May 29, 2011 be approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department. “CARRIED” Mayor Foster returned to the meeting and resumed the chair. D - 10 Ann Wright, Deputy Clerk/Executive Assistant, Town of Ingersoll, writing to the Association of Municipalities of Ontario (AMO) advising that on March 14, 2011, the Town of Ingersoll adopted the following resolution pertaining to Bill 22, an Act to Amend the Children’s Law Reform Act: “THAT the Council for the Town of Ingersoll support Ontario Bill 22, Act to Amend the Children’s Law Reform Act, to emphasize the importance of children’s relationships with their parents and grandparents; AND FURTHER THAT staff be directed to circulate this resolution to all Ontario municipalities through the Association of Municipalities of Ontario, for their support.” Resolution #C-218-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from the Town of Ingersoll, with respect to Bill 22, an Act to Amend the Children’s Law Reform Act, be received for information. “CARRIED” Council Meeting Minutes - 17 - May 2, 2011 D - 11 Mayor Hazel McCallion, City of Mississauga, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on March 30, 2011, the City of Mississauga adopted the following resolution pertaining to revenue from H.S.T. charged on gasoline and diesel sales transportation infrastructure funding: “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 a lack of sufficient funding for essential transportation infrastructure construction, maintenance and rehabilitation has created a situation where the City of Mississauga, as well as many other municipalities in Ontario, do not have the financial capacity to construct new transportation infrastructure and conduct the maintenance and rehabilitation needed to sustain existing transportation infrastructure; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Mississauga requests that the Government of Ontario consider directing a portion of the revenue derived from H.S.T. charged on gasoline and diesel sales to a new predictable funding mechanism that will allow the City of Mississauga and other Ontario municipalities to make the critical investments needed to be effective stewards of transportation infrastructure.” Resolution #C-219-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the resolution from the City of Mississauga, with respect to revenue from H.S.T. charged on gasoline and diesel sales transportation infrastructure funding be endorsed. “CARRIED” D - 12 Keith Brettell, Chair, Clarington Accessibility Advisory Committee, advising Council that on April 6, 2011, the Accessibility Advisory Committee considered correspondence referred from Council regarding time of day electricity pricing and passed the following resolution: “THAT Council be requested to endorse the following resolution of the Regional Municipality of Durham: ‘WHEREAS the Ontario Government has introduced time of day electricity pricing; Council Meeting Minutes - 18 - May 2, 2011 AND WHEREAS people with disabilities have special need for utilities and other electrical devices such as in-home dialysis, air conditioning, in-house lifts, power wheel chair battery charging, etc. to help manage their overall health and well-being, and may not be able to pick and choose when they use their electricity; AND WHEREAS recipients of Home Care have no choice as to when their washing machines, dryers, dishwashers and other household appliances are being used; THEREFORE BE IT RESOLVED THAT the Minister of Energy be requested to implement further strategies to ease the financial burden facing people with disabilities who are eligible for the Disability Tax Credit as offered by the Federal Government; AND BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Finance, the Minister of Health and Long-Term Care, the local MPPs, and local area municipalities’.” Resolution #C-220-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT the resolution from the Region of Durham, with respect to time of day electricity pricing, be endorsed. “CARRIED” D - 13 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Leona Dombrowsky, Minister of Education, advising that on April 11, 2011, the City of Oshawa adopted the following resolution pertaining to School Boards’ Declaration of Voting Day as a Professional Activity Day: “WHEREAS Ontario municipalities historically use schools as voting places during municipal elections; and, WHEREAS the Municipal Elections Act states that school boards must provide space to be used as voting places free of any charge when requested for use by a municipality; and, WHEREAS school boards are requesting municipalities provide security at schools being used on Voting Day to ensure the safety of students throughout the entire school when only a small portion of the school is being used as a voting place; and, Council Meeting Minutes - 19 - May 2, 2011 WHEREAS concerns regarding student safety at the school during voting hours can be eliminated if the students are not in the school on Voting Day; THEREFORE Oshawa City Council requests that the Minister of Education amend the Education Act to declare Voting Day for municipal elections in the Province of Ontario as a Professional Activity Day; and, THAT this resolution be forwarded to all Ontario municipalities, local MPP’s, the Association of Municipalities of Ontario, the Association of Municipal Managers, Clerks and Treasurers of Ontario and all school boards in the City of Oshawa in accordance with Report FA-11-81 dated March 24, 2011.” Resolution #C-221-11 Moved by Councillor Woo, seconded by Councillor Traill THAT the resolution from the City of Oshawa, with respect to School Boards’ Declaration of Voting Day as a Professional Activity Day, be referred to the School Board. “MOTION WITHDRAWN” Resolution #C-222-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Item D - 13 from the City of Oshawa, with respect to School Boards’ Declaration of Voting Day as a Professional Activity Day, be received for information. “CARRIED” D - 14 Marolyn Morrison, Chair, Greater Toronto Countryside Mayors Alliance, advising Council that on January 14, 2011, the Greater Toronto Countryside Mayors Alliance adopted the following resolution pertaining to emerging commercial fill activity in the GTA: “In recognition of the emerging commercial fill activity in the GTA, the GTCMA: ? Supports the Township of Scugog’s position that both the provincial and federal governments be strongly encouraged to play an active role in commercial fill activity through their regulation and enforcement; and Council Meeting Minutes - 20 - May 2, 2011 ? Requests that the federal and provincial levels of government provide legislative and regulatory clarity on the issue of how municipal by-laws apply to activities that are federally and provincially regulated.” Resolution #C-223-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from the Greater Toronto Countryside Mayors Alliance, with respect to emerging commercial fill activity in the GTA, be endorsed. “CARRIED” D - 15 Mike Buda, Director of Policy and Research, Federation of Canadian Municipalities, announcing the launch of their social media campaign called #CutMyCommute, a campaign to spotlight the economic, environmental and personal costs of traffic gridlock; indicating that the campaign will centre around a #CutMyCommute webpage showing the national costs of traffic gridlock and will invite visitors to send a message to party leaders via Twitter, advising them how long their daily commute is and requesting them to “Cut My Commute!”; and, requesting Council to promote the campaign on the municipality’s website and/or their personal website, Facebook pages and Twitter feeds and to issue a supportive media statement. Resolution #C-224-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item D – 15 from the Federation of Canadian Municipalities, announcing the launch of their #CutMyCommutesocial media campaign, be received for information. “MOTION WITHDRAWN” Resolution #C-225-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item D – 15 from the Federation of Canadian Municipalities, announcing the launch of their #CutMyCommutesocial media campaign, be referred to staff. “CARRIED” Council Meeting Minutes - 21 - May 2, 2011 D - 16 Ann Wright, Deputy Clerk/Executive Assistant, Town of Ingersoll advising Council that on April 11, 2011, the Town of Ingersoll adopted the following resolution pertaining to elimination of Municipal Health Care Professionals Recruitment Incentives: “WHEREAS the number of health care professionals including physicians are declining in relation to the population of the Province of Ontario; and, WHEREAS it is evident to the Town of Ingersoll that municipalities are feeling pressure to provide incentives to attract and obtain health care professionals to meet their residents’ health care needs; and, WHEREAS the Town realizes there are inconsistencies in the types and amounts of incentives being offered by municipalities across the Province; and, WHEREAS the affordability by municipalities to offer incentives is inequitable potentially jeopardizing the health care of residents geographically; and, THEREFORE BE IT RESOLVED THAT the Council for the Town of Ingersoll sees it fit to eliminate incentives given by municipalities as part of health care recruitment as it is seen as a Provincial responsibility; AND FURTHER THAT municipalities request the Province to develop and implement a plan to attract health care professionals including physicians in a fair and equitable manner without cost to municipalities; AND FURTHER THAT the Council for the Town of Ingersoll respectfully requests that all municipalities in the Province of Ontario consider supporting the resolution from the Town of Ingersoll; AND FURTHER THAT a copy of this resolution be forwarded to the Honourable Leona Aglukkaq, Federal Minister of Health, Premier Dalton McGuinty; Ontario Minister of Health Deb Matthews; Christine Elliott; Ontario PC Health Critic; and, France Gelinus, Ontario NDP Health Critic; AND FURTHER THAT this resolution be circulated to all municipalities in Ontario.” Council Meeting Minutes - 22 - May 2, 2011 Resolution #C-226-11 Moved by Councillor Novak, seconded by Councillor Woo THAT the resolution from the Town of Ingersoll, with respect to elimination of Municipal Health Care Professionals Recruitment Incentives, be received for information. “CARRIED LATER IN THE MEETING” (See Following Motion) Resolution #C-227-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-226-11 be tabled to the next General Purpose and Administration Committee meeting. “MOTION LOST” Resolution #C-226-11 was then put to a vote and CARRIED. D - 17 Sandra Kranc, City Clerk, City of Oshawa, writing to Gabriella D. Lappa, Director of Honours, Chancellor of Honours, advising that on April 11, 2011, the City of Oshawa adopted the following resolution pertaining to the Peace Officer Exemplary Service Medal: “THAT the City of Oshawa support that the eligibility criteria for the Peace Officer Exemplary Service Medal awarded by the Governor General of Canada be amended to include special constables in police forces and a letter be sent to the Director, Chancellor of Honours, the Region of Durham, Durham area municipalities, local MPs and MPPs, and the Association of Municipalities of Ontario advising them of Council’s support.” Resolution #C-228-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the City of Oshawa, with respect to the Peace Officer Exemplary Service Medal, be endorsed. “CARRIED” Council Meeting Minutes - 23 - May 2, 2011 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 18, 2011. Resolution #C-229-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of April 18, 2011 be approved, with the exception of Items #1(b), #4, #10 and #12. “CARRIED LATER IN THE MEETING” Councillor Hooper stated a pecuniary interest with respect to Item #4 of Report #1 as he owns property in downtown Bowmanville, which may be impacted by the proposed development and Item #12 of Report #1 as he is an associate member of the Royal Canadian Legion and left the Council Chambers during discussion and voting on these matters. Councillor Partner stated a pecuniary interest with respect to Item #12 of Report #1 as she is a member of the Royal Canadian Legion and left the Council Chambers during discussion and voting on this matter. Item #12 Resolution #C-230-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the fees for a site plan application by the Royal Canadian Legion, Branch 178, for an outdoor patio be waived. “CARRIED” Councillor Partner returned to the meeting. Item #4 Resolution #C-231-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Report PSD-036-11 be received; THAT the application for Amendment to the Clarington Sign By-law 2009-123, submitted by R.G. Richards & Associates on behalf of 1804603 Ontario Inc., to permit a pylon sign within 6 metres of the road allowance at 680 Longworth Avenue, Bowmanville, be approved; Council Meeting Minutes - 24 - May 2, 2011 THAT the by-law, attached to Report PSD-036-11, be executed by the Mayor and Municipal Clerk on behalf of the Municipality to amend Sign By-law 2009-123; and THAT all interested parties listed in Report PSD-036-11 and any delegations be advised of Council’s decision. “CARRIED” Councillor Hooper returned to the meeting. Resolution #C-229-11 was then put to a vote and CARRIED. Item #1(b) Resolution #C-232-11 Moved by Councillor Neal, seconded by Councillor Traill THAT staff be directed to prepare a report addressing comparable private sector benefit plans for area unionized employers. “MOTION LOST ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak v Councillor Partner v Councillor Traill v Councillor Woo v Councillor Hooper v Councillor Neal v Mayor Foster v Item #10 Resolution #C-233-11 Moved by Councillor Neal, seconded by Councillor Traill THAT a special committee of staff and Councillors be struck to review whether moving to ‘Administrative Services Only’ would save the Municipality money on the Municipality’s benefit program. “MOTION LOST” Council Meeting Minutes - 25 - May 2, 2011 Resolution #C-234-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the Director of Corporate Services be directed to prepare a report indicating whether moving to ‘Administrative Services Only’ would save the Municipality money on the Municipality’s benefit program. “CARRIED” STAFF REPORT(S) Report FND-008-11 – Reserve Funds Status Councillor Neal rose on a Point of Order stating that Report FND-008-11 should be considered at the General Purpose and Administration Committee meeting of May 9, 2011 and should not be on tonight’s agenda. The Chair ruled that consideration of Report FND-008-11 at tonight’s Council meeting is in accordance with Procedural By-law 2011-016. Resolution #C-235-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the ruling of the Chair be appealed. “MOTION LOST” Resolution #C-236-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-008-11 be received for information. “CARRIED LATER IN THE MEETING” The Chair ruled Councillor Neal’s line of questioning to the Director of Finance/Treasurer Out of Order. Councillor Neal rose on a Point of Personal Privilege. The Chair did not consent to Councillor Neal’s Point of Personal Privilege. Councillor Traill questioned the ruling of the Chair. Mayor Foster quoted Section 10.4.1 of Council’s Procedural By-law, stating that a Point of Personal Privilege may be raised at any time, with the consent of the Chair. Council Meeting Minutes - 26 - May 2, 2011 Councillor Neal stated that Report FND-008-11 not including Development Charge Reserve Funds and debt gives an inaccurate picture of our finances. Councillor Novak objected to Councillor Neal's statement suggesting Report FND-008- 11 contained inaccurate information. Councillor Neal was requested to retract the statement and he refused to do so. The Chair ruled Councillor Neal Out of Order and, when he persisted in his line of questioning, he was asked to leave the meeting. Councillor Neal left the meeting. Resolution #C-237-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council'recess for five minutes. "CARRIED" The meeting reconvened at 9:59 p.m. Resolution #C-236-11 was then put to a vote and CARRIED. Addendum to Report PSD-021-11 -Application for Removal of Part Lot Control (Carrington Homes (Courtice) Limited) Resolution #C-238-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Addendum to Report PSD-021-11 be received; THAT the request for Removal of Part Lot Control with respect to Lots 79 of Plan 40M-2364 be approved and that the Part Lot Control By-law contained in Attachment 2 of Addendum to Report PSD-021-11 be passed pursuant to Section 50 (7.1) of the Planning Act; THAT the Region of Durham Planning Department be forwarded a copy of Attachment 3 and be advised of Council's decision; and THAT all interested parties listed in Addendum Report PSD-021-11 and any delegations be advised of Council's decision. "CARRIED" Council Meeting Minutes - 27 - May 2, 2011 UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS Councillor Hooper stated a pecuniary interest with respect to By-law 2011-049 as he owns property in downtown Bowmanville, which may be impacted by the proposed development and left the Council Chambers during discussion and voting on the by- law. Resolution #C-239-11 Moved by Councillor Novak, seconded by Councillor Woo THAT leave be granted to introduce By-laws 2011-047 to 2011-052 2011-047 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal purposes for the year 2011 2011-048 Being a by-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington (2265719 Ontario Inc.) 2011-049 Being a by-law to amend Sign By-law 123, as amended of the Municipality of Clarington 2011-050 Being a by-law to exempt a certain portion of Registered Plan H50077 from Part Lot Control 2011-051 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Robert Hatch) (2377 and 2379 Highway #2, 1420 King Street East, Courtice and 100 Clarington Boulevard) 2011-052 Being a By-law to exempt certain portions of Registered Plan 40M- 2364 from Part Lot Control; and THAT the said by-laws be approved. “CARRIED” Councillor Hooper returned to the meeting. Council Meeting Minutes - 28 - May 2, 2011 PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Resolution #C-240-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow for the introduction of a motion. “CARRIED” Resolution #C-241-11 Moved by Councillor Partner, seconded by Councillor Novak THAT Council support the ruling of the Chair to prevent the fiascos which are continuing to go on. Councillor Traill left the meeting prior to the vote being called. The foregoing Resolution #C-241-11was then put to a vote and CARRIED. Mayor Foster stated that he has been advised by the Regional Solicitor that the Region is not able to share confidential information regarding the Covanta Contract but can advise that the dollar figure is much larger than previously indicated. Mayor Foster and Councillors Hooper and Partner stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law and left the Council Chambers during discussion and voting on the By-law. Councillor Novak chaired the remainder of the meeting. CONFIRMING BY-LAW Resolution #C-242-11 Moved by Councillor Woo, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-053, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held nd on the 2 day of May, 2011; and Council Meeting Minutes - 29 - May 2, 2011 THAT the said by-law be approved. "CARRIED" Mayor Foster and Councillors Hooper and Partner returned to the meeting. ADJOURNMENT Resolution #C-243-11 Moved by Councillor Woo, seconded by Mayor Foster THAT the meeting adjourn at 10:17 p.m. "CARRIED" MA