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HomeMy WebLinkAbout01/28/2008 Council Meeting Minutes JANUARY 28, 2008 Minutes of a regular meeting of Council held on January 28, 2008, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon E. Hopkins, Library Director Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Councillor Novak clarified that she had stated a pecuniary interest at the January 14, 2008 Council meeting with respect to the delegation of Dave Renaud as a precaution, in the event that the delegation referenced General Motors of Canada Limited, as she is an employee of GM. She now confirmed that she did not have a pecuniary interest with Mr. Renaud’s delegation. Council Meeting Minutes - 2 - January 28, 2008 ANNOUNCEMENTS Councillor Hooper announced that David Smith, Co-ordinator of the Firehouse Youth Centre has accepted a new position and that Brad Arbour will be taking over his duties. Mr. Arbour is looking forward to continuing the efforts of the Youth Centre staff and volunteers. Councillor Hooper advised on Saturday, February 9, 2008, Heart-N- Soul Musical Theatre, a Firehouse fundraiser, will be held at the Bowmanville High School. Councillor Hooper advised the Durham Golf Guides are on sale now and both he and Councillor Woo have copies. th Councillor Hooper stated 2008 is the 50 Anniversary of the Central Lake Ontario Conservation Authority (CLOCA) noting on September 25, 2008, a gala celebration will be held at Lynde Creek. He also advised that there could be opportunities to th promote CLOCA during Bowmanville’s 150 Anniversary celebrations this year. Councillor Hooper stated Metroland Durham Region Media Group has received 32 awards from the Annual Suburban Newspapers of America for editorial excellence. Councillor Hooper congratulated Jennifer Stone, Town Hall reporter on receiving Honourable Mention in her class. Councillor Woo announced that the Clarington Girls Hockey Association will be hosting the Mississauga Chiefs versus the Brampton Thunder, two women’s hockey teams on Saturday, February 9, 2008, at 1:00 p.m. at the Garnet Rickard Complex as part of Hockey Day in Clarington. Tickets for the event are $10. Councillor Foster stated there will be a Euchre Tournament hosted by the Courtice Rotary on February 2, 2008 and to contact him for further details if interested. Councillor Foster expressed appreciation to the Clarington Board of Trade for the successful physician recruitment event held on Saturday night. Mayor Abernethy stated five doctors have expressed interest in Clarington and thanked Sheila Hall and the Board of Trade for arranging the event. F. Wu, Chief Administrative Officer provided a brief update on the negotiations underway with the Region of Durham concerning the Host Community Agreement regarding the proposed Energy-From-Waste facility. Mr. Wu stated the negotiating team comprised of the Director of Planning Services, the Director of Finance/Treasurer and himself have had a series of meetings with Durham Region staff and have made significant progress. He noted that staff is working diligently on the negotiations, which are extremely complex, and that further meetings will be required prior to bringing forward a reasonable conclusion and entire report package for Council’s consideration. Council Meeting Minutes - 3 - January 28, 2008 MINUTES Resolution #C-029-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on January 14, 2008, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Gerald Brown advised prior to the meeting that he would not be in attendance. Kristin Robinson addressed Council concerning Correspondence Items I - 9, I - 10, I - 11, and I - 14 regarding Energy-From-Waste expressing concern that Clarington Council’s resolution of January 14, 2008, requesting that the final site selection for the proposed incinerator be delayed was not upheld by Clarington’s Regional representatives at the Regional Council meeting on January 23, 2008. Ms. Robinson stated she is personally disheartened by this as she feels the deferral would not have stopped the process but would have provided the opportunity for pertinent information to be available prior to approving the site. Ms. Robinson requested Council to declare the municipality as an “Unwilling Host” Community. Jim Richards advised prior to the meeting that he would not be speaking. Kristin McKinnon-Rutherford addressed Council concerning Correspondence Item I - 9 regarding Energy-From-Waste stating she was here this evening to appeal to Clarington’s Local Councillors to declare the municipality an “Unwilling Host” community. She stated there seems to be an inability on the part of the majority who favour incineration to have an honest debate about the pros and cons. She defended citizens who are fighting for diversion, who have done extensive research and brought forward a multitude of facts but are being ridiculed by supporters of incineration. She called into question the delegation of the representative of the Swedish embassy noting pertinent information regarding the export of fly ash, the measure of toxic emissions and important facts including the need to import waste to keep Sweden’s 29 incinerators operating were omitted from his delegation. She also noted that Sweden passed legislation in 2006 taxing incineration in order to increase diversion. Ms. McKinnon-Rutherford urged Council to do what she feels is right and to declare Clarington an “Unwilling Host” community. Council Meeting Minutes - 4 - January 28, 2008 In response to questions, Ms. McKinnon-Rutherford stated at this point in time, she does not feel a meeting outlining the pros and cons of incineration would be helpful to her personally, noting the CAW attempted to hold such a forum and that Regional staff and industry experts were invited to participate but did not attend. In response to additional questions, Ms. McKinnon-Rutherford clarified that she has concerns with vital information regarding incineration not being communicated and that there has not been a fair debate as diversion and incineration are not being treated the same. Ms. McKinnon-Rutherford also advised 1300 new jobs have been created in both the private and public sector in Halifax in recycling facilities, transportation and in industry turning recyclables into new products as a result of increased diversion efforts. She also stated that if a 70% diversion rate is achieved, the minimum amount required to operate the incinerator would not be available. Jeremy Woodcock addressed Council concerning Correspondence Items I - 9, I - 10, I - 11, and I - 14 regarding Energy-From-Waste stating he is appearing before Council this evening as a living example of the effects of exposure to toxic particulate. Mr. Woodcock stated he has a progressive lung disease directly related to hazardous chemicals and particles as a result of the vacuum dust collector the Whitby Steel Plant where he was employed not being operational for 11 months. Mr. Woodcock stated he is the third employee who has developed the same disease as a result of working in the same location. He questioned whether the Region of Durham was aware that the dust collector had not been operational and whether Environment Canada or the Ministry of Labour had informed the community. Mr. Woodcock requested a full public inquiry as to why Durham politicians are failing to protect residents now from hazardous particles and toxins. Mr. Woodcock questioned how the public will be protected against the harmful effects of the incinerator when they were not protected against emissions from the steel plant. Resolution #C-030-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT the rules of procedure be suspended to allow for the delegation to continue beyond the five minute limit. “CARRIED” Council Meeting Minutes - 5 - January 28, 2008 Mr. Woodcock requested a criminal investigation be undertaken as preventative measures were not taken in his workplace. He noted there are 675 chemicals required to make steel however, only 3 are tested because of the associated costs. Mr. Woodcock urged Council to look at the facts and at what really happens when residents are not protected by their elected officials. Mr. Woodcock submitted his comments “Why Incinerator is Bad News for Durham” and urged Council to provide the information to the Region and other levels of Government, to learn from the documents and get answers to questions. COMMUNICATIONS Resolution #C-031-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information, including Hand-out Correspondence Items I - 15 and I - 16, be approved, with the exception of Item I - 15. “CARRIED” I - 1 Minutes of the Living Green Community Advisory Committee dated October 2 and October 23, 2007 I - 2 Minutes of the Clarington Agricultural Advisory Committee dated October 11, November 8 and December 13, 2007 I - 3 Minutes of the St. Marys Cement Community Relations Committee dated December 11, 2007 I - 4 Minutes of the Clarington Museums and Archives Board dated December 12, 2007 I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated January 8, 2008 I - 6 John O’Toole, MPP, Durham, writing to the Honourable John Gerretsen, Minister of the Environment, forwarding a copy of Council’s correspondence supporting the Municipality of Morris- Turnberry’s resolution requesting the Province of Ontario to grant a rebate for tire disposal that will provide an incentive to recycle tires and prevent them from being stockpiled, burned and discarded on roadsides and lots. Council Meeting Minutes - 6 - January 28, 2008 I - 7 David Clark, Executive Vice President, Corporate Services, Veridian Corporation, advising of a new dividend policy established for the period 2007 through 2011; setting projected dividend payments of $4.2 million for 2008, $4.4 million for 2009, $4.6 million for 2010 and 4.9 million for 2011; indicating interest payments totaling $4.6 million will be paid annually on shareholder promissory notes; and advising the Municipality’s share of the dividend and interest payment is 13.6% and that dividend will now be paid on a quarterly basis. I - 8 Susan Self, Chair, CTC Source Protection Committee, notifying Council that preparations have commenced on the Terms of Reference (ToR) for the preparation of the Assessment Report and Source Protection Plan for the Toronto and Region Source Protection Authority; advising of the establishment of a Municipal Liaison Working Group to oversee the development of the ToR; and requesting Council co-ordinate discussions on the Terms of Reference with John Presta, member of the Source Protection Committee representing Durham Region municipalities. The correspondence indicates that material will be ready for sharing with Municipal Councils in late April/early May. I - 9 Kristin D. McKinnon-Rutherford forwarding the following information concerning the proposed Energy-From-Waste facility: a) Correspondence dated January 11, 2008, providing additional information to questions and answers listed in the Region’s Energy-From-Waste brochure; extending appreciation to the Region’s Health & Social Services Committee for voting to re- think the process of incineration; expressing dismay that Regional politicians, in particular, Clarington’s Municipal Councillors, are spreading myths and half-truths regarding incineration; and encouraging Members of Council to read her reports “Debunking the Myths of Incineration” and “The Effects on Durham Region’s (and Neighbour’s) Children”. b) Correspondence dated January 14, 2008, forwarding editorials from the Toronto Star and the Orono Weekly Times and advising she has made preliminary contact with the Ombudsman’s Office regarding a number of questionable issues regarding the process. Council Meeting Minutes - 7 - January 28, 2008 c) Correspondence dated January 14, 2008, extending an apology to Local Councillors Foster, Hooper, Robinson and Woo for insinuating they were spreading myths and half-truths regarding incineration and advising of a Health and Wellness Fair being held on February 2, 2008, at the Westminster United Church that will include a table on incineration. d) Correspondence dated January 15, 2008, requesting an explanation as to why Mayor Abernethy read the content of an e-mail she received from Premier McGuinty regarding an incinerator in Durham Region when she had expressly denied permission for the e-mail to be used. Ms. McKinnon-Rutherford stated the point of her sharing the e-mail was to illustrate the limitations of the protections offered through the Ministry of the Environment’s incinerator guidelines and to point out that the Province has a responsibility to take part in discussion about waste alternatives. e) Correspondence dated January 15, 2008, forwarding a list of communities world-wide who have embraced the Zero Waste philosophy and have achieved over 74% of waste diverted from landfill and incineration due to reducing, re-using, recovery and composting. f) Correspondence dated January 20, 2008, advising of the 2008 Canadian Waste Resource Symposium being held in Halifax in April, 2008. I - 10 Correspondence has been received from individuals/groups listed below in opposition to the proposed Energy-From-Waste facility citing human health, environmental and financial concerns. The majority of interested parties propose that increased waste diversion strategies be investigated as an alternative method of waste disposal. (Copies of all correspondence are on file in the Municipal Clerk’s Department) a) Gail Bradley b) Kevin Church c) Fred Cooke d) Tracey Ali e) David & Patricia Brennan f) Margo Smith-Bischoff g) Bischoff Family h) Belynda Matula i) Jo-Ellen McGillis j) Heather Higgins k) Jason Cooke l) Shawn Giguere Council Meeting Minutes - 8 - January 28, 2008 m) Julie Morello n) Lori Moore o) Lisa Cochrane p) Alfred Collins q) Brad Mike r) Natalie Stocker s) Douglas Holdway t) Durham Region Labour Council u) Francois Roy v) Annie Moisan w) Mr. & Mrs. Manuel Jimenez x) Julia McCrea y) Paul & Juliet Joseph z) Willis and Marilyn Barraball aa) Julian Bahmann bb) Laura Ross cc) Lezlie Fry dd) Werner Valentin ee) Bryan Beitle ff) Peter Piels gg) Holly Hatfield hh) Dave James ii) Dan Hall-Ufford I - 11 Sandra Kranc, City Clerk, City of Oshawa, writing to the Region of Durham advising that on January 21, 2008, the City of Oshawa passed the following resolution pertaining to the proposed incinerator in Clarington: “WHEREAS correspondence was received from the Municipality of Clarington dated December 11, 2007 concerning the Durham/York Residual Waste Environmental Assessment Study – Site Selection Process; and, WHEREAS the Township of East Gwillimbury has unanimously opposed the location of an incinerator within its boundaries and has indicated that it is not a willing host community for an incinerator; and, WHEREAS the Region of Durham has consistently refused to support resolutions that would require any municipality in Durham to be a willing host community before being considered for an incineration site; and, WHEREAS sites in Clarington will potentially cause a real and demonstrated health hazard to the residents of Oshawa, with prevailing winds depositing dioxin, furans, nanoparticles and other noxious and poisonous materials over large portions of Oshawa; Council Meeting Minutes - 9 - January 28, 2008 BE IT RESOLVED, 1. That the Council of the City of Oshawa indicate to the Region of Durham and to the Region of York that it is not a willing recipient of the wastes and poisons discharged into the air from a proposed incinerator potentially located in the Municipality of Clarington; and, 2. That the Council of the City of Oshawa urges our neighbouring Municipality of Clarington to join with East Gwillimbury to indicate its opposition to an incinerator being located in Clarington and that they pass a resolution indicating that they are not a willing host municipality for any potential incineration site; and, 3. The Regions of York and Durham are requested to agree to protect the health and safety of the residents of Clarington and Durham by incorporating into the design and installation of the EFW facility the most modern and state of the art emission control technologies that meet or exceed the European Union EU monitoring and measurement standards; and, 4. The Regions of York and Durham agree to continue to support an aggressive residual waste diversion and recycling programs in order to achieve and exceed on or before December 2010 a 70% diversion recycling rate for the entire Region and such aggressive programs shall continue beyond 2010; and, 5. That the Council of the City of Oshawa urge the Region of Durham and the Region of York to respect the wishes of the local Councils by committing to a protocol that would not allow any incinerator to be located in any community that is not a declared willing host community by a resolution of its local council after public consultation; and, 6. That the Regions of Durham and York be requested to respond to and address, early in 2008, the issues identified by the peer review consultants that are necessary for the submission of the EA documentation to the Ministry of the Environment; and, 7. That the Regions of Durham and York commit to including in the Request for Proposals and Certificate of Approval, Maximum, Achievable Control Technology (MACT) for the emission standards and monitoring that the EFW facility will meet; and, Council Meeting Minutes - 10 - January 28, 2008 8. That the Regions of Durham and York be requested to delay the final selection of a preferred site for the Energy from Waste facility until such time as the submissions in response to the Request for Proposals have been reviewed, a preferred technology and vendor has been selected, and the sensitivity analysis in relationship to the site selection and the specific Human Health and Ecological Risk Assessment has been carried out; and, 9. That the final site selection be delayed until the business case for the Energy from Waste facility has been adopted by the Regional Councils, incorporating the appropriate costs for the Host Community Agreement as reflected in Clarington Council’s Resolution GPA 632-07 and C-592-07 (Attachment 13 to PSD-141-07); and, 10. That the Council of the City of Oshawa strongly urges all local Councils in the Region of Durham and the Region of York to support the actions taken in East Gwillimbury and to take similar actions to those included in this resolution; and, 11. That a copy of this resolution be sent to all Regional and local Councils and Council members in the Regional Municipalities of Durham and York and to all MP’s and MPP’s in ridings located within those Regions.” I - 12 Candi and Larry Gannon advising they are pleased to see that the new Port Darlington Park will be developed at the lake front as they feel it will be a great asset to the area. I - 13 Evan Elford, Durham Farm Fresh Marketing Association, forwarding a summary of the Association’s Annual General Meeting highlighting key goals, main events and the Association’s accomplishments for 2007. Council Meeting Minutes - 11 - January 28, 2008 I - 14 Agatha Garcia-Wright, A/Director, Environmental Assessment and Approvals Branch, Ministry of the Environment, responding to correspondence from Mirka Januszkiewicz, Director, Waste Management Services, Works Department, Region of Durham, concerning the Durham/York Residual Waste Study Environmental Assessment (EA) process, advising that the Ministry is of the opinion that the Regions have not deviated from Step 7 of the Durham/York Residual Waste Study Environmental Assessment (EA) process, Evaluation of Alternative Methods, in the approved Terms of Reference (TorR) to such an extent that an EA cannot be prepared in accordance with it, provided that Step 7 has not yet been completed, and that the consideration of the preferred site and technology continue to move forward as set out in the ToR. The correspondence indicates that any further adjustments to the EA process contemplated, should be discussed in consultation with the Ministry prior to their implementation. I - 16 Gerald Brown congratulating Council on commencing the 2008 budget process earlier allowing more time for review and discussion and for providing a transparent forum for taxpayers to participate, but expressing concern with the proposed tax increase as it is not affordable, is unfair to residents on fixed incomes and lower investment returns; and suggesting the Municipality reduce spending, and attract more business so residents can live and work in Clarington which would help balance residential to commercial and industrial assessments. I - 15 Jim Richards expressing concern that the official position of Clarington Council requesting deferral of the site selection for the Energy-From-Waste facility was not conveyed to Regional Council; that the entire Environmental Assessment process has been flawed from the beginning; and that Clarington’s Regional representatives will be leaving a shameful and inexcusable legacy for Clarington. Resolution #C-032-08 Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS the Municipality of Clarington has requested that the Regions of Durham and York take forward two geographically distinct sites for analysis in the final stages of the EA on residual waste due to a garbage incinerator’s impact on Clarington’s airshed; the lack of site specific health studies and a lack of details regarding the technology; Council Meeting Minutes - 12 - January 28, 2008 WHEREAS the City of Oshawa, the Town of Ajax and the Durham Region Health and Social Services Committee have raised similar concerns with the site selection process; WHEREAS under the Environmental Bill of Rights 1993, the MOE statement of Environmental Values indicates that the Minister should take a precautionary approach especially where there is some uncertainty about the risk presented by particular pollutants; WHEREAS on January 23, 2008, the Region of Durham selected a site in Courtice for a garbage incinerator without knowing the technology or the specific health effects; WHEREAS the Region has not given due consideration to the concerns presented by the potential host community; WHEREAS the EA process is to find the best site for the incinerator and insufficient information has been provided to date to determine that the Courtice site is the best site; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington is an unwilling host to the proposed Durham/York garbage incinerator and that a copy of this motion be forwarded to the Region of Durham and the Region of York and their constituent local municipalities, the Durham York Joint Waste Management Committee, the Ministry of the Environment and John O’Toole, MPP. SEE FOLLOWING MOTION Resolution #C-033-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the foregoing Resolution #C-032-08 be tabled until the February 11, 2008 Council meeting. “MOTION LOST” Council Meeting Minutes - 13 - January 28, 2008 The foregoing Resolution #C-032-08 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v CORRESPONDENCE FOR DIRECTION Resolution #C-034-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 5 to D - 9, inclusive. “CARRIED” D - 1 Chuck Clayton, President, Clarington Honda, requesting permission to erect a tent on the roadway in front of 23 Spicer Square from 9:00 a.m. until 3:30 p.m. on January 30, 2008, to hold a ground breaking ceremony to celebrate the start of construction of Clarington Honda. Mr. Clayton anticipates 60 to 70 people will attend the event. (Approved provided the organizers apply for and obtain a Road Occupancy Permit) D - 2 Christine Avery Nunez, Co-ordinator, The Ruth Atkinson Hindmarsh Award, an award established in 1998 to celebrate and encourage the heroic efforts of organizations dedicated to improving the wellbeing of children by providing an annual gift of $50,000 to a charitable organization; and inviting nominations of Ontario-based registered charities deserving special recognition. The deadline for submission of nominations is April 14, 2008. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) Council Meeting Minutes - 14 - January 28, 2008 D - 3 Lori Riviere, Planning Department, Region of Durham, advising nominations are being accepted until March 3, 2008, for the Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards, a program established to recognize individual or group efforts in six award categories who promote, preserve and enhance Durham’s natural environment. Nomination forms are available at www.region.durham.on.ca or by contacting Lori Riviere at 905-668-7711. (Correspondence referred to the Director of Planning Services) D - 4 Lynda Shepherd, Office Administration, The Canadian Hearing Society, Durham, advising of the proclamation of May as “Hearing Awareness Month” across North America to promote public understanding and awareness of the needs of culturally deaf, oral deaf, deafened and hard of hearing Canadians and to emphasize the importance of protecting our hearing; and, requesting that May 2008 be proclaimed as “Hearing Awareness Month” in Clarington. (Proclaimed) D - 5 Cahl Pominville, Clerk, Municipality of North Grenville, advising Council that on December 10, 2007, the Municipality of North Grenville passed the following resolution pertaining to Funding and Financing of Municipal Infrastructure Programs: “WHEREAS Municipalities in the Province of Ontario continue to have problems funding existing and new infrastructure; AND WHEREAS fast growing Municipalities such as North Grenville face particular difficulty in financing new infrastructure initiatives as existing infrastructure funding programs are focused predominantly on rehabilitation or replacement of existing infrastructure; AND WHEREAS under the Constitution of Canada, the Provincial Government has the authority and responsibility for Municipal issues, including the finding and financing of Municipal infrastructure programs; NOW THEREFORE BE IT RESOLVED THAT the Municipality of North Grenville requests that the Government of the Province of Ontario commit 1/8th of the current 8% Provincial Sales Tax to Municipalities to fund Municipal Infrastructure Programs; Council Meeting Minutes - 15 - January 28, 2008 AND FURTHER THAT this resolution be forwarded to the Hon. Dalton McGuinty, Premier of Ontario, Rt. Hon. Stephen Harper, Prime Minister of Canada, Hon. Dwight Duncan, Minister of Finance (Ontario) Hon. Jim Flaherty, Minister of Finance (Federal) Bob Runciman, Leader of the Opposition, Howard Hampton, Leader of the Ontario NDP, Gord Brown, M.P. and John Tory, Leader of the PC Party of Ontario, and to all Municipalities in the Province of Ontario for consideration and endorsement.” Resolution #C-035-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Municipality of North Grenville with respect to funding and financing of Municipal Infrastructure Programs be endorsed. “CARRIED” D - 6 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC), advising Council that on January 10, 2008, the AACC passed the following three resolutions pertaining to Property Related Offences: “WHEREAS the Agricultural Advisory Committee of Clarington is a Committee constituted by the Council of the Municipality of Clarington and composed of members of the local agricultural community AND WHEREAS the Clarington agricultural community have been the victims of numerous property related offences including trespass and youth vandalism; AND WHEREAS the Agricultural Advisory Committee of Clarington is concerned that the lenient sentences handed down to youth, convicted of these crimes, condone rather than discourage this behaviour for the community at large; NOW THEREFORE BE IT RESOLVED: 1. THAT the Provincial Prosecutors be encouraged to seek sentences which more accurately reflect the seriousness of this situation and its impact on the agricultural community; 2. THAT the Provincial Prosecutors be requested to meet with the Agricultural Advisory Committee of Clarington in order to better familiarize themselves with the effects of such offences on the community; Council Meeting Minutes - 16 - January 28, 2008 3. THAT input from the agricultural community be sought in any youth diversion programs in order to help educate the offenders on the seriousness of their actions; 4. THAT a copy of this Resolution be forwarded to Mr. John O’Toole, Member of Provincial Parliament, Ms. Bev Oda, Member of Parliament, the Durham Regional Police Service and the Durham Agricultural Advisory Committee for their information.” “WHEREAS the Agricultural Advisory Committee of Clarington is a Committee constituted by the Council of the Municipality of Clarington and composed of members of the local agricultural community AND WHEREAS the Clarington agricultural community have been the victims of numerous property related offences including theft of farm produce and vandalism; AND WHEREAS the Agricultural Advisory Committee of Clarington is concerned that the lenient sentences handed down to individuals convicted of these crimes condone rather than discourage this behaviour for the community at large; NOW THEREFORE BE IT RESOLVED: 1. THAT the senior management of the Durham Regional Police Service be encouraged to meet with the Agricultural Advisory Committee of Clarington in order to better understand the concerns of the members and the effects of these crimes on the agricultural community; 2. THAT the Durham Regional Police Service be requested to take a more aggressive approach towards enforcement of offences involving harm to agricultural properties; and 3. THAT a copy of this Resolution be forwarded to Mr. John O’Toole, Member of Provincial Parliament, Ms. Bev Oda, Member of Parliament and the Durham Agricultural Advisory Committee for their information.” “WHEREAS the Agricultural Advisory Committee of Clarington is a Committee constituted by the Council of the Municipality of Clarington and composed of members of the local agricultural community AND WHEREAS the Clarington agricultural community have been the victims of numerous property related offences including theft of farm produce and vandalism; Council Meeting Minutes - 17 - January 28, 2008 AND WHEREAS the Agricultural Advisory Committee of Clarington is concerned that the lenient sentences handed down to individuals convicted of these crimes condone rather than discourage this behaviour for the community at large; NOW THEREFORE BE IT RESOLVED: 1. THAT the Crown Attorney’s office be encouraged to meet with the Agricultural Advisory Committee of Clarington in order to better familiarize themselves with the effects of these crimes on the individual farmers and the community as a whole; 2. THAT Crown Attorneys be encouraged to seek sentences which more accurately reflect the seriousness of this situation and its impact on the agricultural community; 3. THAT Crown Attorneys be encouraged to actively seek Victim Impact Statements from the victims of these crimes in order to better guide the court in sentencing; 4. THAT input from the agricultural community be sought in any sentence diversion programs in order to help educate the offenders on the seriousness of their actions; and 5. THAT a copy of this Resolution be forwarded to Mr. John O’Toole, Member of Provincial Parliament, Ms. Bev Oda, Member of Parliament, Durham Regional Police Service and the Durham Agricultural Advisory Committee for their information.” Resolution #C-036-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolutions from the Agricultural Advisory Committee of Clarington with respect to property related offences be endorsed. “CARRIED” D - 7 Debra B. Roth, Clerk, Municipality of South Bruce, advising Council that on January 8, 2008, the Municipality of South Bruce passed the following resolution pertaining to a Provincial Ban on Cosmetic Urban Pesticide Use: “WHEREAS, the McGuinty Government is proposing a Provincial ban on cosmetic urban pesticide use. Council Meeting Minutes - 18 - January 28, 2008 WHEREAS, many cities and towns across Ontario have already implemented urban pesticide use by-laws – most of which inadvertently also restrict or potentially restrict agricultural pesticide use on land used for agricultural production located within and/or adjoining these urban areas. WHEREAS, a provincial ban will send a signal to the public that pesticides are inherently dangerous; so much so that they need to be banned. The anti-pesticide activists will swing their efforts and media coverage towards agriculture promoting a similar ban or restriction on pesticide use. WHEREAS, the dangers of pesticides are related more to irresponsible use than to the products themselves. NOW THEREFORE BE IT RESOLVED, that we request the Provincial Government to implement a “Responsible Use Plan” for urban pesticide use and not impose a ban on cosmetic pesticide use. The components of a “Responsible Use Plan for Urban Pesticide Use” would include: a minimum training requirement for “anyone” to purchase or - apply urban pesticides – similar to Grower Pesticide Safety Certificate that has been in effect for agriculture for many years. a minimum training requirement for vendors selling urban - pesticides, similar to Vendor Pesticide Certificate that has been required in agriculture for many years. Some pesticide schedules to be applied by professionals - (licensed exterminators) only a media campaign to educate homeowners on proper - pesticide use and to discourage cosmetic pesticide use. AND FURTHER, that this resolution be forwarded to the Minister of the Environment, Minster of Agriculture, Food and Rural Affairs, local MPP, and all ROMA municipalities.” Resolution #C-037-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 7 be referred to the Director of Operations. “CARRIED” Council Meeting Minutes - 19 - January 28, 2008 D - 8 Janet Beckett, City Clerk, City of Port Colborne, advising Council that on December 10, 2007, the City of Port Colborne passed the following resolution pertaining to the Municipal Infrastructure Deficit: “WHEREAS the 2007 FCM-McGill Municipal Infrastructure Survey has estimated a $123.6 billion infrastructure deficit in 2007; AND WHEREAS Canada’s future prosperity, economic development, international competitiveness and overall quality of life is at stake if this infrastructure deficit remains unaddressed; AND WHEREAS governments need to acknowledge this looming crisis and to act immediately to address the problem by providing long-term financing based on established priorities for both the upgrade of existing infrastructure and the building of new infrastructure and through the development and implementation of new technologies, best practices and effective management; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Port Colborne supports the findings of the 2007 FCM-McGill Municipal Infrastructure Survey and hereby petitions the Federal and Provincial Governments to establish a national plan to eliminate the municipal infrastructure deficit through the provision of equitable long- term funding strategies, to prepare the groundwork for effective management in the future and to undertake a comprehensive, national study, involving all three orders of government, to determine the size, scope and geographic characteristics of the municipal infrastructure deficit; AND FURTHER, that the Prime Minister of Canada, the Premier of Ontario, John Maloney, M.P., P. Kormos M.P.P. and FCM be so advised and this resolution be distributed through AMO to all municipalities in Ontario for support.” Resolution #C-038-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the City of Port Colborne with respect to the Municipal Infrastructure Deficit be endorsed. “CARRIED” Council Meeting Minutes - 20 - January 28, 2008 D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on January 8, 2008, the City of Kingston passed the following resolution pertaining to recognition of Sir John A. Macdonald Day: “WHEREAS January 11th is the recognized Birthday of Sir John A. Macdonald; and, WHEREAS Sir John A. Macdonald was a City Councillor, Father of Confederation, Canada’s 1st Prime Minister and a key builder of our nation Canada; and, WHEREAS Sir John A. Macdonald’s roots in Kingston go far and deep and given that Kingston is where the dream of Confederation was born; and WHEREAS Kingston is the final resting place of Sir John A. Macdonald; and, THEREFORE BE IT RESOLVED THAT from this day forward, January 11th be recognized as Sir John A. Macdonald Day in the City of Kingston, with appropriate celebrations to that effect; and, BE IT FURTHER RESOLVED THAT this proclamation be sent to all Ontario municipalities with a population over 50,000 encouraging them to declare likewise, and further that this notice be sent to the Honourable Peter Milliken, MP for Kingston and the Islands, the Honourable John Gerretsen, MPP for Kingston and the Islands, and the Heritage Minister and encourage the Federal Government to proclaim this as a National Holiday.” Resolution #C-039-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT the resolution from the City of Kingston with respect to recognition of Sir John A. Macdonald Day be endorsed. “MOTION LOST” Resolution #C-040-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 9 be received for information. “CARRIED” Council Meeting Minutes - 21 - January 28, 2008 Resolution #C-041-08 Moved by Councillor Woo, seconded by Councillor Novak THAT the order of the agenda be altered to allow for consideration of Staff Report #2 - Report PSD-011-08 at this time. “CARRIED” STAFF REPORT(S) Resolution #C-042-08 Moved by Councillor Novak, seconded by Councillor Foster THAT $16,500 for the Living Green Committee be identified in the Planning Services ‘Committee’ Budget for the Clarington Green Challenge. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 18, 2008 Resolution #C-043-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 18, 2008, be approved, with the exception of Items #2 and #3. “CARRIED” Item #3 Resolution #C-044-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-001-08 be received; Council Meeting Minutes - 22 - January 28, 2008 THAT the base 2008 Operating and Capital Budgets as outlined in Schedule “A” to Report FND-001-08, at an estimated tax levy impact of 2.91% (exclusive of tax policy impacts), be approved, with the following amendments: a) THAT the Insurance Account be reduced to $50,000 from $100,000 b) THAT the Newcastle Aquatic Facility Account be reduced by $250,000 c) THAT the Veridian Dividends Account be increased by $27,200 d) THAT the operation of Total Hockey cease as of March 1, 2008, recognizing an overall budget savings of $45,000 THAT the Tax Levy Support to Capital ($314,597) be approved; THAT the Health and Safety Ergonomics/Documentation Account be approved in the amount of $10,000; THAT the PSAB Report Account be approved in the amount of $20,000; THAT the Abandoned Cemetery Board Account be increased by $7,000; THAT the Sidewalk Maintenance (Not Salary) Account be increased by $19,000; THAT the Catch Basin/Storm Sewer Professional Fees Account be increased by $35,000; THAT the Pavement Marking Account be increased by $10,000; THAT the Rural Roads Surface Treatment Account be increased by $100,000; THAT the Dust Control Account be increased by $17,000; THAT the Sanding/Salting/Winter Maintenance (Not Salary) Account be increased by $20,000; th THAT the Bowmanville 150/Holiday Train Account be approved in the amount of $10,000; THAT the following positions be approved: a) Two Labourers (Operations Department) b) Mechanic Apprentice (Operations Department) c) Senior Planner (Planning Department) d) Part-Time Parking Enforcement Officer (Municipal Clerk’s Department) e) Part-Time Clerk 1 – Animal Services (Municipal Clerk’s Department) THAT Schedules “C”, “D” and “E”, attached to Report FND-001-08, outlining Reserve and Reserve Fund Contributions be approved; Council Meeting Minutes - 23 - January 28, 2008 THAT approximately $1,000,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; THAT the financing of capital projects, as outlined in the document attached to Report FND-001-08 be approved; THAT the capital forecast be received for information; THAT the external agencies, referred to in Report FND-001-08 be advised of Council’s decision regarding their grant request; THAT the 2008 departmental business plans included in the document attached to Report FND-001-08 be received for information; THAT for 2008, the net proceeds from the Mayor’s Golf Tournament be directed to the Memorial Hospital Foundation – Bowmanville, with the tournament to be continued to be administered by municipal staff; THAT titles and name changes be approved as identified in Report FND-001-08; THAT as referred from the 2007 budget process, $53,000 be approved for funding for physician recruitment to be drawn from the Economic Development Reserve Fund subject to the approval for reserve fund contributions noted above; THAT $10,500 for the Living Green Committee be identified in the Planning Services “Committee” Budget, pending a report to Council on January 28, 2008; and THAT the appropriate By-laws to levy the 2008 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-045-08 Moved by Councillor Foster, seconded by Councillor Novak THAT the foregoing Resolution #C-044-08 be amended by replacing the figure ‘$10,500’ with the figure ‘$16,500’ for the Living Green Committee identified in the Planning Services ‘Committee’ Budget. “CARRIED” The foregoing Resolution #C-044-08 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 24 - January 28, 2008 Item #2 Resolution #C-046-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-001-08 be received for information; THAT $20,000 be added to the Advertising Budget to allow for the publication of a quarterly communiqué; and THAT a status report on the publication be provided to the General Purpose and Administration Committee in the fall of 2008. “CARRIED” Report #2 - General Purpose and Administration Committee Report January 21, 2008 Resolution #C-047-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 21, 2008, be approved, with the exception of Item #14. “CARRIED” Item #14 Resolution #C-048-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-002-08 be referred back to Staff; and th THAT Staff report back at the February 4, 2008 GPA meeting on the following to ensure openness, transparency and accountability: ? Direction regarding item 2.11 of Report FND-002-08; and ? Details regarding items 1.2, 1.3 and 1.4 of Report FND-002-08, particularly who is going to pay what, when and how. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Council Meeting Minutes - 25 - January 28, 2008 Resolution #C-049-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C-048-08 be amended by changing the date of ‘February 4, 2008’ to ‘February 25, 2008’. “CARRIED” The foregoing Resolution #C-048-08 was then put to a vote and CARRIED AS AMENDED. STAFF REPORT(S) Report # 1 - Verbal Report of the Director of Community Services concerning Total Hockey J. Caruana, Director of Community Services provided a verbal report concerning Total Hockey advising subsequent to receiving direction from the General Purpose and Administration Committee, a staff team has been organized to review aspects involved to dismantle the attraction. Mr. Caruana provided a brief overview of items for review including the disbursal of assets - the collection, equipment, and retail component, the need for review of sponsorship agreements, dismantling of the Total Hockey website, signage on Highway 401, and replacement of the marquee board. He also stated it would be necessary to determine what should be done with the space either by leasing to private sector tenants with compatible uses or allocating space for departmental use. Mr. Caruana confirmed there are two staffing positions associated with Total Hockey and that one staff member will be transferred to the Newcastle Recreation Centre and the other position is a contract position which expires in August. Mr. Caruana stated a review of costs associated with the closing will be undertaken and noted that advertising will form part of the process. He anticipates a report for Council’s consideration will be available by mid to late March. Resolution #C-050-08 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS Council, through the 2008 budget process, has given direction to close Total Hockey as of March 1, 2008; AND WHEREAS there are individuals and families in Clarington that have not taken the opportunity to visit Total Hockey; AND WHEREAS Council finds it desirable to provide an opportunity to all residents to visit Total Hockey prior to closing its doors; Council Meeting Minutes - 26 - January 28, 2008 NOW THEREFORE BE IT RESOLVED THAT staff be directed to provide free admission to anyone visiting Total Hockey commencing January 29, 2008 until its final day of operation on Friday, February 29, 2008. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #C-051-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Jeremy Woodcock be received with gratitude; and THAT the information provided by Jeremy Woodcock be forwarded to the Region of Durham. “CARRIED” BY-LAWS Resolution #C-052-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-010 to 2008-22, inclusive; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” 2008-010 Being a By-law toamend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Shell Canada Limited) 2008-011 Being a By-law toexempt certain portions of Registered Plans 40M-2214 and 40M-2240 from Part Lot Control 2008-012 Being a By-law toauthorize a Municipal Access Agreement with Rogers Cable Communications Inc. Rep Council Meeting Minutes - 27 - January 28, 2008 2008-013 Being a By-law to authorize a Municipal Access Agreement with Bell Canada 2008-014 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2008-015 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2008-016 Being a By-law toestablish certain lands as public highways, assume them for public use and name them 2008-017 Being a By-law to authorize the execution of a Lease Extension Agreement between the Corporation of the Municipality of Clarington and the Theatre Dance Academy in respect of a lease for space located in the Courtice Community Complex, Courtice, Ontario 2008-018 Being a By-law to authorize the Lease Agreement Renewal between the Corporation of the Municipality of Clarington and CLOCA (Central Lake Ontario Conservation Authority) for the use of the Hampton Valley Lands 2008-019 Being a By-law to authorize the Mayor and Clerk to execute an agreement between the Municipality of Clarington and the Canadian Union of Public Employees, Local 74 (Inside and Outside ) 2008-020 Being a By-law respecting the annual remuneration and travel allowances paid to the Mayor and Members of Council for the term 2008 - 2011 2008-021 Being a By-law to amend By-law 2004-253 to provide for Civil Marriage Services to be Offered by the Municipality of Clarington 2008-022 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and the Clarington Board of Trade to continue the economic development functions on behalf of the Municipality NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. Council Meeting Minutes - 28 - January 28, 2008 OTHER INFORMATION Resolution #C-053-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Jennifer Stone, Metroland Durham Region Media Group, be recognized for achieving Honourable Mention for editorial excellence -Annual Suburban Newspapers of America Awards. “CARRIED” Councillor Robinson questioned the status of the tax increase. The Director of Finance/Treasurer confirmed a 4.44% budget increase. Resolution #C-054-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Rules of Procedure be suspended to allow for a motion to reconsider Resolution #C-017-08 passed on January 14, 2008. “CARRIED” Resolution #C-055-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Resolution #C-017-08 be reconsidered at this time. “CARRIED” Resolution #C-056-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the issue of the exemption from the Municipality’s sign by-law be referred back to staff to allow Robert Hann, President, Valiant Property Management, to address Council regarding the pylon sign at the West Bowmanville Shopping Centre; and THAT the memorandum from the Director of Planning Services be re-circulated to Council for information. “CARRIED” Councillor Trim requested that a letter of appreciation and congratulations be sent to David Smith acknowledging his contribution to the community and youth through his work with the Firehall Youth Centre. Council Meeting Minutes - 29- January 28, 2008 CONFIRMING BY-LAW Resolution #C-057-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-023, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 28th day of January, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-058-08 Moved by Councillor Robinson, seconded by Trim THAT the meeting adjourn at 9:18 p.m. "CARRIED"