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HomeMy WebLinkAbout02/11/2008 Council Meeting Minutes FEBRUARY 11, 2008 Minutes of a regular meeting of Council held on February 11, 2008, at 7:00 p.m., in the Council Chambers, and reconvened at 5:00 p.m. on February 13, 2008. 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, re-attended at 5:08 p.m. on February 13, 2008 Also Present: Chief Administrative Officer, F. Wu Internal Auditor, L. Barta, attended at 5:00 p.m., February 13, 2008 Deputy Fire Chief, M. Berney, attended until 11:06 p.m., February 11, 2008 Administrative Assistant to the Director of Engineering Services, J. Bilenduke, attended until 9:15 p.m., February 11, 2008 Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana, attended until 11:06 p.m., February 11, 2008 Director of Planning Services, D. Crome Manager of Parks, B. Genosko, attended at 6:45 p.m., February 13, 2008 Deputy Fire Chief, B. Hesson, attended at 5:00 p.m., February 13, 2008 Director of Operations, F. Horvath, attended until 6:45 p.m., February 13, 2008 Manager of Special Projects, F. Langmaid, attended until 7:20 p.m., February 13, 2008 Director of Corporate Services, M. Marano, attended until 11:06 p.m., February 11, 2008 Recreation Services Manager, S. Meredith, attended at 5:00 p.m., February 13, 2008 Manager of Community Planning and Design, C. Salazar, attended until 8:30 p.m., February 11, 2008 Corporate Safety and Project Manager, B. Taylor, attended at 5:00 p.m., February 13, 2008 Director of Finance/Treasurer, N. Taylor, attended until 11:06 p.m., February 11, 2008 Council Meeting Minutes - 2 - February 11, 2008 Manager of IT Services, R. Van Dyk, attended until 8:50 p.m. February 11, 2008 Administrative Assistant to the Clerk, C. Fleming, attended until 11:10 p.m. February 13, 2008 Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated he would be stating a pecuniary interest with respect to Item 1(c) of Report #1. Later in the meeting, Councillor Novak stated a declaration of pecuniary interest with respect to the delegation of Dave Renaud. ANNOUNCEMENTS Councillor Novak announced changes to the Aspen Springs, Liberty North and Townline Road transit routes. Councillor Hooper extended condolences to the family of Norman Hannan, Member of the Clarington Accessibility Advisory Committee who passed away on the weekend. Councillor Hooper extended congratulations to Jim Richards on receiving the Ontario Medal for Good Citizenship in recognition of his devotion to educating the public and the government on the importance of our natural environment. Councillor Robinson added that Mr. Richards is one of only 13 Ontarians to receive this prestigious award and requested that Mr. Richards be publicly recognized at the next televised meeting of Council. Councillor Woo announced the Association of Hospital Volunteers – Bowmanville will be hosting a Spaghetti Dinner and Auction on Saturday, February 16, 2008 at Trinity United Church in Bowmanville, Tickets are $25 and all proceeds support the hospital. Councillor Woo announced the Mayor’s First Annual Polar Chili Golf Classic will be held at the Bowmanville High School on Saturday, February 16, 2008, with proceeds in support of the Clarington Project. Mayor Abernethy added tickets are $35 and local restaurants will be participating in the chilli cook-off after the tournament. Councillor Woo advised on Saturday, February 9, 2008, the Brampton Thunder Women’s Hockey Team beat the Mississauga Chiefs captained by Bowmanville’s Summer West. The game was held in conjunction with Hockey Day in Clarington. Mayor Abernethy invited Members of Council who travelled to Burnaby, British Columbia to tour the Energy-From-Waste facility to provide a short synopsis of their findings. Council Meeting Minutes - 3 - February 11, 2008 Councillor Foster thanked the Region of Durham for organizing the recent trip to Burnaby, B.C. to view their Energy-From-Waste facility. He stated that although the facility was well-run and the western politicians believe they are doing the right thing, his thoughts and concerns remain the same regarding incineration. Councillor Novak provided a brief overview of the EFW Facility in Burnaby noting it is located in a heavily commercial/industrialized area along the Fraser River. She stated the facility, which is ISO 140001 Certified, has undergone a $7 million upgrade and processes 280,000 tonnes of garbage. Councillor Novak noted the refuse bunker is self-contained, the emissions are regulated and monitored and monthly reports are submitted to the Ministry of the Environment. Councillor Novak stated there has been no measurable impact resulting from the facility and in 14 years, they have not received a serious complaint. She stated however, that Controller education and training were key and that politicians are contemplating three new facilities because of the economic benefits. In summary, she felt the information was useful and the trip was worthwhile. Councillor Trim stated the Burnaby facility opened in 1988 and for the first two years of operation they had a Community Advisory Committee that has been subsequently disbanded as they felt it was no longer necessary. He advised both the inside and outside of the facility are clean and there was no smell. Councillor Trim stated the facility operates on a 24/7 basis with 80 trucks per day in 24 hour period. He noted bottom ash is 17% of the total waste and at the end of the bottom ash they do recover some metal material which they sell to a company that produces reinforced steel. He also noted that fly ash comprising 3 to 4% goes back into the municipal solid waste stream once it is treated. Councillor Trim advised the nearest landfill is a 370 kilometre round-trip from Vancouver and that garbage from aircraft using the Vancouver International Airport, cruise ships, ocean freighters, hospital and police refuse is incinerated at this facility. Mayor Abernethy stated waste disposal is not unique to this area and that Vancouver faces the same challenges as we do. Mayor Abernethy quoted B.C. local newspaper articles from the Surrey Leader – “Metro Vancouver Dumps Interior Landfill” and the Ash-Cache Journal “Incinerators Key to Waste Strategy”. Resolution #C-059-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the order of the agenda be altered to allow for consideration of Delegations (a), (b), (c), (d) and (z) and Committee Report #1 following the Public Hearing. “CARRIED” Council Meeting Minutes - 4 - February 11, 2008 MINUTES Resolution #C-060-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on January 28, 2008, be approved. “CARRIED” PUBLIC HEARING Ari Rotman – Request for Review of Kennel Licence Requirements - Report CLD-007-08 (Staff Report # 1) Mayor Abernethy outlined the purpose and format of the public hearing. Ari Rotman, Owner, Dog Days Camp, addressed Council to appeal the requirements of By-law 2006-228 concerning floor drainage and to correct information contained in Clerk’s Report CLD-007-08. In response to statements contained in the staff report, Mr. Rotman confirmed that an all purpose cleaner and bleach are used to sanitize all floor surfaces, the radiant floor hearing system is comprised of a series of plastic tubes imbedded in the concrete floor which provide comfort to the animals, the stalls are larger than most kennels and all dogs boarded are taken outside three times per day reducing the potential for dogs to urinate or defecate in the stalls. He noted however, that if accidents occur, the stalls are large enough that the dog does not have to lie in the excrement. Mr. Rotman submitted photographs of the kennel showing the floor and rows of stalls. Mr. Rotman stated that during the inspection of his kennel, he was not told of any potential problems or deficiencies pertaining to the floor or drainage and by the time he was notified of the problem, the work had been completed. Mr. Rotman submitted invoices dated January 8, 2007 and March 31, 2007 for the tiling work. Mr. Rotman stated he signed an agreement with the Municipality during the development of the kennel and that no part of the agreement mentions the requirement for drains or a septic system. Mr. Rotman summarized by stating he provides a safe and sanitary environment for dogs boarded at his kennel, that he followed all the rules and guidelines set forth by the Municipality when developing the facility and that he feels he is being singled-out as other kennels have not received orders to install drains. In light of the evidence submitted, Mr. Rotman feels that he should not have to undergo a costly and unnecessary alteration of his kennel facility. In response to questions, Mr. Rotman stated he did not take part in the review of the Kennel Licensing By-law due to personal time constraints, that his kennel has procedures in place designed to prevent the spread of disease and cross- contamination, that he did not contact the Municipality prior to installing the tile as it was an issue of aesthetics and it would be cost prohibitive to make any changes to the flooring regardless of whether an extension to comply was approved. Council Meeting Minutes - 5 - February 11, 2008 DELEGATIONS Colleen Konoby addressed Council concerning Item 2 of Report # 1 - Application to Amend the Clarington Zoning By-law and proposed Draft Plan of Subdivision submitted by William Tonno Construction Limited and Kingsberry Properties stating in 2002, she petitioned the neighbourhood concerning the development proposal noting all but one of the residents she contacted were against the development. Ms. Konoby stated her main concern is the destruction of the woodlands, stream and the accompanying ecosystems. She is also opposed to the construction of the public school as she feels it will devalue her property and potentially increase crime in the neighbourhood. She also stated that some homeowners paid a premium for lots backing onto the woodland and that the construction of townhouses will negatively affect property values. Ms. Konoby also expressed concern that children will walk on lawns where there are no sidewalks, causing property damage. In response to a question regarding whether purchasers had discussed with the developer the designation of the property as future residential, Ms. Konoby stated some purchasers were first time homeowners and may not have checked into this. Beth Kelly, Development Manager, Valiant Property Management, addressed Council concerning Item 1 of Unfinished Business – Request for Exemption to the Municipality’s Sign By-law for the West Bowmanville Shopping Centre. Ms. Kelly stated the proposed sign will be located to the west of the building currently under construction and to the east of a future building. She requested Council to reconsider their request for a larger pylon sign noting Home Depot is entitled to 50% of the sign face which does not allow much room for the remaining tenants of the development. Ms. Kelly stated by permitting the larger façade, smaller tenants will be able to advertise their stores and not use A-signs. Ms. Kelly provided a comparison of sites advising the Townline Centre is 7 acres and a 13.2 square metre sign was permitted noting the West Bowmanville Shopping Centre site is 19 acres. Ms. Kelly stated her Company is dealing with a national tenant and one of the major issues is the pylon sign and there is a chance they could lose the tenant if this is not approved. Ms. Kelly circulated photographs of competitors’ signage in Oshawa and Whitby. She urged Council to approve their request for a 13.2 sq.m. total sign area for the West Bowmanville Shopping Centre. In response to questions, Ms. Kelly stated that although they are permitted a sign on Green Road, their staff feel it is not a good location for a sign. She confirmed that when dealing with national tenants, signage is a major part of the agreement as they have already designed what they want on the pylon signs. Ms. Kelly agreed that visibility is key and that a larger sign eliminates the need for a cluster of smaller signs. Ms. Kelly could not guarantee in perpetuity that a sign would not be placed on Green Road in the future. Council Meeting Minutes - 6 - February 11, 2008 Helen Bajorek-MacDonald and Elva Reid, Members of the Clarington Green Community Advisory Committee addressed Council presenting a brief video on “Earth Hour”, a world-wide initiative designed to reduce global warming. The focus of “Earth Hour” is to turn off all non-essential lighting for one hour on Saturday, March 29, 2008, at 8:00 p.m. Ms. Bajorik-MacDonald stated small changes can make a difference in our community and around the world. She encouraged Members of Council and the public to join in the cause against global warming by “going over to the dark side” by thinking about the aesthetic benefits, going outside and looking at the stars and by challenging each other to make a significant impact. Ms. Bajorik-MacDonald requested Council to issue a challenge to other municipalities in Durham Region to participate in “Earth Hour”. Resolution #C-061-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the order of the agenda be altered to allow for consideration of Correspondence Item D - 9 at this time. “CARRIED” D - 9 Amanda Hoffman requesting Council to consider participating in a global movement called “Earth Hour”, an event to raise awareness on climate change and global warming initiated in Sydney, Australia in 2007, where over 2.1 million people and businesses turned out the lights for one hour on March 31, 2007, to reduce their energy consumption. Further information on Earth Hour 2008, set for 8:00 p.m., March 29, 2008, can be obtained at www.earthhour.org. Resolution #C-062-08 Moved by Councillor Novak, seconded by Councillor Robinson WHEREAS climate change and energy consumption are two of the biggest environmental threats to our planet; WHEREAS participating in Earth Hour is about creating and demonstrating leadership for making a difference towards climate change and energy conservation by switching out lights for one hour on the 29 March 2008; WHEREAS participation in Earth Hour is a symbolic gesture that recognizes the threat of climate change, recognizes that it is a global problem, recognizes that individuals can help to mitigate the problem, and that collectively we can make a difference; Council Meeting Minutes - 7 - February 11, 2008 WHEREAS participating in Earth Hour would demonstrate the Municipality’s commitment to reducing greenhouse gas emissions and energy consumption and highlight how small conservation efforts can add up to substantial energy savings and reductions in greenhouse gas emissions; WHEREAS Earth Hour provides Clarington with the occasion to build a positive image and demonstrate environmental leadership; and WHEREAS, the Clarington Green Community Advisory Committee considers Earth Hour an important initiative to raise community awareness about climate change and energy conservation: THEREFORE BE IT RESOLVED by the Council of the Municipality of Clarington: 1. THAT at 8:00 pm on March 29, 2008, the Municipality of Clarington will join other cities around the world in literally “turning out the lights” by shutting off all non-essential lighting in all of its buildings, where feasible, and without jeopardizing safety, for one full hour; 2. THAT the Municipality of Clarington’s participation in Earth Hour be widely promoted in order to raise awareness about this important issue and in order to encourage every individual, household and business in Clarington, and beyond, to join in by turning off their lights for one hour at 8:00 pm on March 29, 2008; 3. THAT the Green Community Advisory Committee work with the Municipality to promote this event; and 4. THAT the Municipality of Clarington issue a challenge to all other municipalities in Durham Region to participate in Earth Hour. “CARRIED” Terry Graham, Member, Newcastle Lions Club, addressed Council concerning Correspondence Item 12 providing information on the “No Child Without” partnership between Lions International and Medic Alert to provide free medic alert bracelets to elementary school children. Mr. Graham stated children with medical conditions are most vulnerable and face risks every time they leave their homes. He noted this program provides assurances that vital medical information is readily available should an emergency situation arise. Mr. Graham stated the program is supported by donations and a commitment of $2 million from the Federal Government. Mr. Graham advised the official program launch will take place at St. Francis of Assisi School on February 14, 2008. Council Meeting Minutes - 8 - February 11, 2008 Kim Bulloch addressed Council concerning Item 6 of Report #1 – Courtice Skate Park Naming. Ms. Bulloch advised she is Robert Pionteck’s mother and thanked Council for the tribute. Ms. Bulloch outlined reasons why the park should be named in Rob’s honour and focused on how Rob exemplified the criteria to name this park. She noted that at a very early age Rob dreamed of becoming a professional skateboarder and how she was able to watch him turn his dreams into a reality as a professional skater with Addidas Canada. Ms. Bulloch highlighted Rob’s commitment to the sport, his mentoring of younger enthusiasts and his modest nature. Ms. Bulloch stated it would be fitting to name the park after a him as a huge contributor and by doing so it would serve as a reminder to others that with hard work and dedication they too can make their dreams a reality. COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 4, 2008 Mayor Abernethy stated a pecuniary interest with respect to Item 1 (c) of Report #1 as it relates to the 2006 Municipal Elections. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Novak chaired this portion of the meeting. Resolution #C-063-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the General Purpose and Administration Committee Report of February 4, 2008, be approved. “CARRIED” Mayor Abernethy resumed the Chair. Resolution #C-064-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Council recess for eight minutes. “CARRIED” The meeting resumed at 8:58 p.m. Council Meeting Minutes - 9 - February 11, 2008 PRESENTATIONS John Stoner, Chair, Samuel Wilmot Nature Area Advisory Committee addressed Council to provide an update on the Committee’s 2008 Initiatives. Mr. Stoner indicated one of the major initiatives was the development of the PowerPoint slide show being presented to Council this evening which was prepared in conjunction with Peter Windolf and Jennifer O’Donnell of the Engineering Services Department. Mr. Stoner provided background information on the inception of the nature area which consists of 77 hectares of land located between the CN Railway and Lake Ontario, Toronto Street to the east and Cobbledick Road to the west. Mr. Stoner highlighted the significance of the nature area in providing a wide range of landscape types for visual interest, providing a habitat for a wide range of birds and wildlife, providing recreational opportunities for fishing, bird watching and walking and fostering education through use of signage and development of educational programs. Mr. Stoner reviewed the Nature Area Concept Plan comprised of a series of zones based on the site’s natural environmental areas and reviewed the recommended action for each zone. Mr. Stoner also reviewed the Goals and Objectives to promote Regional ecosystem objectives, to protect and enhance the ecological integrity of the existing natural areas, to provide opportunities for public use of the site, to establish a management framework and to promote public stewardship and highlighted what has been accomplished and future projects. In summary, Mr. Stoner encouraged the community to become involved by volunteering, promoting environmentally-friendly behaviour and encouraging responsible use of the Nature Area. Prior to hearing from invited presenters, Mayor Abernethy explained that this is the first in a series of presentations regarding Exploring our Waste Solutions, discussing incineration, landfill and zero waste and that tonight’s presenters would focus on Energy-From-Waste. Magnus Schönning, First Secretary, Embassy of Sweden, addressed Council presenting a PowerPoint slide show entitled “Sustainable Waste Management in Sweden”. Mr. Schönning provided a comparison of waste between Sweden and Ontario including waste collected, percentages of hazardous waste, landfill, composting, recycling and recovery and incineration; and a summary of air pollutants and climate issues between Sweden and Canada. Mr. Schönning highlighted the Swedish ambitions and goals to reduce the total generation of all waste, to utilize materials/energy from waste as efficiently as possible, to reduce to a minimum the waste going to landfills and to minimize the environmental impact of waste. Mr. Schönning reviewed the waste hierarchy to reduce, reuse, recycle, recover and landfill and provided an in-depth review of each component. Mr. Schönning responded to concerns regarding energy-from-waste advising that dioxin emissions from spontaneous non-controlled landfill fires are much higher than from controlled combustion; and when reviewing health aspects of incineration, it is important that research be recent and that comparisons be relevant. Mr. Schönning highlighted specific details regarding waste incineration in Jonkoping, Sweden, the CO2 benefits of incineration, district heating in Sweden and financial costs of incineration. In conclusion, Mr. Schönning stated that incineration will not lead to an increase of Council Meeting Minutes - 10 - February 11, 2008 harmful emissions; that health effects will be negligible; that CO2 emissions will decrease as a result of the replacement of fossil fuels and reduction of methane gas from landfills; and that good recycling is a precondition of efficient incineration. He further stated that although the cost is high, return on investment should be reached within 5 to 10 years and that by building congeneration plants and creating district energy networks the energy will be utilized as efficiently as possible. In response to questions, Mr. Schönning indicated he was invited here this evening as representatives of the Swedish Embassy have been showing Canadians that there are alternative ways to deal with the environment and sustainability. He confirmed that when asked to speak about waste management, it is their duty to respond with accurate and factual information based on their experience. Mr. Schönning stated he promotes sustainable waste management and is not a promoter of one technology. Resolution #C-065-08 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow for the meeting to continue beyond the 11:00 p.m. curfew, in order to complete the Agenda. “MOTION LOST” Resolution #C-066-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting recess and reconvene at 5:00 p.m. on Wednesday, February 13, 2008. “CARRIED” The meeting recessed at 11:06 p.m., Monday, February 11, 2008, and reconvened at 5:00 p.m. on Wednesday, February 13, 2008. Jayne Pilot and Clive Ford, Co-Chairs, Algonquin Power Energy From Waste Facility Public Liaison Committee were called but were not present. Council Meeting Minutes - 11 - February 11, 2008 Edward E. Goertzen, Member, Durham Region Waste Management Advisory Committee, addressed Council regarding the Region of Durham’s Long Term Waste Management Plan. Mr. Goertzen stated the Committee, formed in 1997, was comprised of 15 members of the general public and 15 members of staff who met regularly for two years to review various options for disposal of residual waste. Mr. Goertzen confirmed that cost and impact to health and the environment were considered during the review and that the Committee consensus was that incineration was the most viable option. Mr. Goertzen stated recently some members of the Advisory Committee met to reflect on the path the Region has taken since that time and have concluded that the Region has followed the plan and that recycling, yard waste and composting are all meeting and/or exceeding the interim targets. Mr. Goertzen stated that ideally he favours a zero waste option but feels the level of citizen support currently does not make it practical. He feels that to meet the goal of zero waste there needs to be a plan with interim steps and targets. Mr. Goertzen outlined a step-by-step process to achieve zero waste by having politicians “get on board”, by redesignating apartments and condos as commercial buildings thereby eliminating the municipality’s responsibility for their waste disposal, by reducing the amount of waste to be picked up to one bag per month, and by returning unnecessary packaging to the supplier. Ed Goertzen advised, in response to concerns regarding air quality, that air pollution from diesel trucks transporting garbage daily will far exceed that from an incinerator monitored and using the most modern technology. In summary, Mr. Goertzen stated in order to achieve zero waste the public simply has to challenge itself to prove that the incinerator is not needed. In response to questions, Mr. Goertzen stated population projections were reviewed during the course of the study and that Durham could accept garbage from York in the interim as there needs to be a consistent waste stream to keep it going but that he feels York will eventually construct their own facility. In response to further questions, Mr. Goertzen confirmed that the Advisory Committee started with a blank slate and that they had no input into the banning of landfill or had any input from any interest or lobby groups. He further stated that he did not see any problem with the current technology and that it may be improved in the future and that the Environmental study will determine the best option. Steve Plaice, Jacques Whitford Limited, addressed Council concerning the Durham Region Energy-From-Waste Environmental Process. Through use of a PowerPoint presentation, Mr. Plaice provided an overview of the EA process in Ontario, the process for the Durham/York Energy-From-Waste Residual Study, the work completed to date, and what needs to be done to bring the study to fruition. Mr. Plaice confirmed that there will always be a residual that requires landfill based on the technology available today and that once the preferred approach is chosen, various methods to process the waste will be considered. In moving forward, the work now becomes more site specific to confirm that the assumptions used were correct. Mr. Plaice stated initiation into a site specific risk assessment has started and that a business case is scheduled to be completed in mid- 2008 in response to questions of Council Meeting Minutes - 12 - February 11, 2008 safety and cost. He further advised a review of disposal of bottom ash will be conducted as part of the site specific studies. Mr. Plaice stated that all work completed to date indicates that a facility can be operated on the Clarington 01 site and that key questions can only be answered by proceeding with the site specific studies. In response to a question concerning what would be required before the operation of the facility could be deemed unsafe, Mr. Plaice stated if the studies concluded that the criteria could not be achieved, for example if the projected emissions coming from the facility were too much of a burden on the air quality, it would cause the Region to question to move forward as they would not be able to get a Certificate of Approval. In response to further questioning concerning the order in which steps of the process have been undertaken, Mr. Plaice confirmed that the Ministry the Environment has indicated that the adjustment to the process was minor in nature. He further confirmed that any questions received in writing or as part of a public information session must be addressed as part of the EA process. DELEGATIONS Resolution #C-067-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow Kim Smegal, Pat Gostlin and Bruce Wood to address Council. “CARRIED” Jeremy Woodcock addressed Council concerning Exploring Our Waste Solutions stating he feels that the building of an incinerator would be a step backwards when currently there have not been any human studies conducted on local industries. He expressed concern that the entire process appears to be focusing on Sweden and that the public is not aware of the facilities that are being closed in the United States and that only the positives about new technology are being conveyed to the public. Mr. Woodcock questioned the cost to human health and what repair costs would be to address a breakdown in technology noting lead levels exceeded Ontario limits for eleven months at the Whitby Steel Plant where he is employed. Mr. Woodcock feels that these issues need to be dealt with before bringing in more industries. Wendy Bracken addressed Council concerning the Durham/York Residual Waste Study expressing concern that Mayor Abernethy did not support the official position of Clarington’s Municipal Council at the Regional Council meeting of January 23, 2008, and voted to endorse the Clarington 01 site in opposition to Council’s resolution to delay the final selection of the preferred site. Ms. Bracken believes that Mayor Abernethy has contravened Council’s Procedural By-law and requested an apology from the Mayor for this breach and requested that from this point forward the official position of Clarington Council be upheld. Council Meeting Minutes - 13 - February 11, 2008 In response to a question, Wendy Bracken stated the idea to have experts brought in is good, however, she did not feel a Council meeting was the proper forum and preferred that a Public Information Session be held. Kristin Robinson addressed Council concerning Energy-From-Waste to voice her concerns regarding the presentations to Council this evening as she feels there was insufficient time to advise the public and that this is not the proper venue as the public is not able to ask questions of the presenters directly. Ms. Robinson advised she has requested Mayor Abernethy to clarify his position on why he voted to endorse the Clarington 01 site at the Regional Council meeting of January 23, 2008, but has not received a reply. Ms. Robinson also stated she felt the presentation by the Peel Liaison Group to the Joint Waste Management Group was very misleading and has requested clarification of statements made by the presenters. Ms. Robinson stated she has visited the Peel site and was dismayed to learn that no sorting of garbage occurs before the residual waste is dumped into the incinerator, and that although the Peel facility operates under the Ministry of the Environment guidelines only three toxins are monitored and that testing is only conducted once per year. In response to questions, Ms. Robinson stated that according to the Ministry’s website, the Peel facility had non-compliance issues twice in 2005, and that 2 ½ months’ notice is provided prior to emissions testing. Ms. Robinson stated she feels it would be less expensive to set up recycling facilities than to build an incinerator. Resolution #C-068-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 7:33 p.m. Resolution #C-069-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow Cathrine McKeever to address Council. “CARRIED” Council Meeting Minutes - 14 - February 11, 2008 Kevin LeGrand addressed Council concerning Exploring our Waste Solutions. Through use of a PowerPoint slide show Mr. LeGrand highlighted the Waste to Energy process, engineered landfill and outlined LEED (Leadership in Energy and Environmental Design). Mr. LeGrand stated incineration is the opposite of sustainability, converts only a fraction of the energy expended to produce electricity and although the primary object is to reduce weight and volume it still requires the ash to be landfilled. Mr. LeGrand stated cogeneration is critical to success and that unless a district heating system is in place, such a facility is not a good option. Mr. LeGrand circulated an article from the Construction Comment, October 2007, highlighting the Springhill Landfill, which noted the bulk of the waste handled at the site is from the construction and demolition industry and that there is not much that goes through the site that isn’t re-purposed in some way. Mr. LeGrand responded to questions concerning LEED Certification. Nadia McLean-Gagnon addressed Council concerning Energy-From-Waste stating she does not believe that burning waste is the answer and feels that many people have convinced themselves that this is a logical and sustainable waste strategy. Ms. McLean-Gagnon advised, as a teacher, she has been working hard to educate her students and feels it is time for everyone to be involved including other levels of government, schools, business and industry to attain a sustainable solution. Ms. McLean-Gagon stated her biggest concern is for the health of her students and children as they will become the innocent victims of incineration. She urged Council to consider the future of the children when making decisions. In response to a question, Ms. McLean-Gagnon confirmed she would like to see a public information session held with experts for both sides in attendance. Wayne Ellis addressed Council on behalf of Louis Bertrand concerning Energy-From- Waste expressing concern that the process lacks transparency, and that despite the fact that Reports prepared by the project team contained significant flaws, the public is told that the process must continue. He feels that to blindly follow the process is to accept the empty reassurances of the incineration industry. He urged Mayor Abernethy and Clarington’s Regional representatives to protect the interest of Clarington’s health, economy and sustainability. Mr. Ellis stated the garbage crisis is an artificially manufactured scare tactic as the Province is addressing the closing of the Michigan border and the establishment of 30 new landfill sites in Ontario. In response to a question, Mr. Ellis stated he has been advised by a senior staff member of the Ministry of the Environment that the cities of Timmins, North Bay, Sudbury, Thunder Bay and Espanola are five sites that can be publicly disclosed and that locations in Southern Ontario are being reviewed. Council Meeting Minutes - 15 - February 11, 2008 Paul André Larose addressed Council concerning Energy-From-Waste expressing concern with the lack of vision at the decision-making level for the wellbeing of current and future generations. Dr. Larose feels that deteriorating public and personal health, ravages to local agriculture, significant tax increases and property value depreciation, and regression of the country’s environmental commitments did not receive proper attention. He feels that decision making is not being done in the best interest of the population, that the process has been conducted in an insidious way and that the public is losing faith in the democratic process. Dr. Larose urged Regional Councillors to recognize the serious adverse consequences on health, the environment, property values, and taxation of the proposed incinerator and act accordingly. Kerry Meydam addressed Council concerning Energy-From-Waste stating she is disappointed in the process as she feels Councillors are more interested in completing it quickly than ensuring a thorough process is undertaken. She expressed concern that sound suggestions have been ignored with the excuse that the process must move along because the Michigan border is closing in 2010. Ms. Meydam feels Regional Council has failed in not having a back-up plan or not considering alternatives to incineration. She noted interested residents have provided alternatives but feel no one is listening and that the public is told there are only two options. She expressed concern that a Zero Waste Strategy was not included in the Alternatives To Study. Ms. Meydam stated the Provincial Government is in favour of incineration and she feels that the Ministry of the Environment will ensure that the guidelines comply. Ms. Meydam questioned why new technology regarding landfill has not be investigated. Doug Anderson addressed Council concerning Energy-From-Waste stating he currently recycles 80-85% and feels he could achieve 90% diversion if the Region would add more programs. Mr. Anderson feels that if the municipality would adopt a regulatory role, it could achieve whatever diversion rate it imposes. He feels that increased diversion would have been the preferred option for the majority but that it seems that it cannot be accomplished within the timeframe. Mr. Anderson stated he has developed a proposal that is low tech and is achievable in a short time frame and encouraged Members of Council to contact him for information. He feels that any new incinerator will meet current standards, however they are nowhere near adequate. Mr. Anderson stated the incinerator will have significant impacts on the community and feels there will be continuous retrofits required throughout the life of the facility. In response to questions, Mr. Anderson stated he feels that money is the best incentive noting if the public had to pay for what goes into the garbage, there would be less of it and an incinerator would not be needed to burn 5% of the garbage. He also feels that more responsibility should be placed on the consumer and producer. Council Meeting Minutes - 16 - February 11, 2008 Alexandra Bennett addressed Council concerning Energy-From-Waste expressing concern that Sweden did not state that emissions are in microns and that at 2.5 microns they are only capturing 5 to 30% of toxins and that they did not address the part they are playing in Project Nano. Ms. Bennett feels that any health assessment that does not take into account eating local produce or fish is very misleading. She also stated the greatest effect would be the death of infants noting Sweden has the highest cancer rate in the world. In response to questions concerning government standards, Ms. Bennett replied that our standards are not high enough noting that there are increased childhood deaths around every operating EU incinerator. Elaine Gillies addressed Council concerning Exploring our Waste Solutions stating she is in favour of holding a public forum. Ms. Gillies feels expanding on the three or four R’s is the best way to go as there will be no encouragement to recycle with incineration. Ms. Gillies stated if diversion can be increased to 70% it would leave the same amount of residual as an incinerator. She further advised that her biggest concern is with air quality as the most toxic molecules are formed when plastics are burned. She noted the baseline measurements are higher for Courtice than East Gwillimbury and that the Ministry of the Environment guidelines are not as strict as in the European Union. Shirley Crago addressed Council concerning Energy-From-Waste stating diversion is the only acceptable way as it preserves the land, natural resources and health of the citizens. Through use of a PowerPoint presentation, Ms. Crago outlined Markham’s “Mission Green Recycling Guide” which is more inclusive than Durham’s program and also highlighted the Region of York’s 2006 Waste Diversion Rates indicating Markham’s 2006 waste diversion rate of 69%. Ms. Crago expressed concern that 66% of the people have not heard of the incinerator and that approximately 25 to 30 Regional Councillors will deny the population the right to clean, safe air and health. Councillor Novak stated a pecuniary interest with the delegation of Dave Renaud as General Motors of Canada was mentioned and she has a relationship with General Motors. Councillor Novak vacated her chair and did not take part in discussion on the matter. Council Meeting Minutes - 17 - February 11, 2008 Dave Renaud, CAW Durham Region Environment Council, addressed Council concerning Energy-From-Waste, advising 800 CAW delegates voted unanimously in December 2007 to oppose the principle of waste incineration and that this resolution would be forwarded to the CLC in May for debate. Mr. Renaud stated the precautionary principle should be applied to the case for incineration. He advised the prevention attitude requires the examination of the entire life cycle of products and encourages producer responsibility. Mr. Renaud advised of forums hosted by the CAW where the public were provided with the opportunity to ask questions of field experts and stated it would be beneficial for the municipality, in partnership with the Region, to host an impartial debate. Mr. Renaud advised there is the potential to produce 2000 jobs in the area of research, stabilized landfill as well as potential for partnerships with the UOIT and Durham College. In response to questions, Mr. Renaud stated he believes incineration is the wrong way to go, that extended producer responsibility is required and that efforts should start at the municipal level. Cecil MacKesey addressed Council concerning Energy-From-Waste stating Sweden now feels recycling is a better solution to incineration. He expressed concern that the delegate from the Swedish Embassy could not respond to questions regarding the safety of incinerators. Mr. MacKesey stated incinerators cause cancer and release toxins into the environment. He advised of the increased likelihood of developing cancer when living in close proximity to an incinerator. Mr. MacKesey thanked Clarington’s local Councillors for declaring Clarington an “Unwilling Host” Community and cautioned the construction of an incinerator will leave a legacy of death. In response to questions, Mr. MacKesey outlined his experience in occupational health and safety and stated he has concerns with the EA process and what will be needed before the facility will be deemed unsafe. Sandra Lawrence addressed Council concerning Energy-From-Waste stating she is not in favour of incineration as she feels even with modern technology here is always a fear that something will go wrong. She questioned what would be done to protect schools from contaminated air, what measures would be taken if a school had to be locked down as a result of an accident, and what would become of Darlington Park’s beautiful campground if an incinerator is located next to it. Ms. Lawrence feels that the recent decision to reduce garbage by 30% is a start. She expressed concern that garbage would have to be imported to keep the fire running and questioned who would be responsible for clean-up should a truck carrying toxic ash be involved in an accident. She urged Council to vote “NO” to incineration. Edward Lawrence addressed Council concerning Energy-From-Waste expressing concern that an incinerator will decrease air and water quality. He stated that recycling is working and that if a 70% diversion can be reached it would not be necessary to build a $250 million dollar facility to process 30% of the Region’s residual garbage. Mr. Lawrence also feels that producers should be forced to use environmentally-friendly packaging. Council Meeting Minutes - 18 - February 11, 2008 John Muto addressed Council concerning Energy-From-Waste expressing concern that his children will live in the shadow of the incinerator if it is built in the Courtice location. Mr. Muto stated numerous studies have proven the link between increased cancer, birth defects and heart disease as a result of toxic emissions. He questioned the logic of not considering the effect of ultrafine particulate simply because there is no current means to measure it and why politicians are not taking a precautionary approach to incineration. Mr. Muto feels that Regional Councillors appear to have a single purpose to adopt Energy-From-Waste as the only solution and are not giving the same consideration to other alternatives. Councillor Novak rose on a Point of Order regarding statements made by John Muto. Mr. Muto was requested to retract disrespectful statements and declined to do so thereby ending his delegation. Bill Craig was called but was not present. Renata Anderson advised prior to the meeting that she would not be speaking. Steve Conway was called but was not present. Jim Richards addressed Council concerning Energy-From-Waste stating he endorses the idea of hosting an impartial debate on incineration. He questioned why Clarington’s Regional representatives have not supported the official position of Clarington Council at the Regional level and feels that Regional Councillors are negligent in representing the wishes of the electorate. Mr. Richards feels that Mayor Abernethy is in violation of By-law 2007-227 and stated that he will be filing an official complaint to the Ombudsman. Kim Smegal was called but was not present. Pat Gostlin addressed Council concerning Energy-From-Waste on behalf of the Durham Chapter of the Council of Canadians, a non partisan citizens' organization to protect and promote Canadian sovereignty and democracy, stating the more she learns about incineration the more she realizes it is both hazardous and wasteful. Ms. Gostlin stated more energy can be saved by recycling paper, plastics and textiles and that materials that are diverted can be re-used. She noted all Energy-From- Waste facilities release toxic chemicals and nanoparticles and that Ministry of the Environment guidelines are lax and that only eight chemicals are tested. Ms. Gostlin questioned where the remaining toxic ash will be disposed of. She advised that waste incinerators destroy valuable resources and promote a throw-away mindset and will rob the health and wealth of future generations. Ms. Gostlin urged Council to say “NO” to incineration. Council Meeting Minutes - 19 - February 11, 2008 Bruce Wood addressed Council concerning Energy-From-Waste stating he is against an incinerator being built and especially in the chosen location. Mr. Wood advised as a pilot he sees first hand the haze that envelops the area and stated the effluence from the stack will directly impact the area. He feels the pollution will affect the entire population and that there will be increases in respiratory illnesses. Cathrine McKeever addressed Council concerning Energy-From-Waste stating even with a 95% diversion rate there will still be 100,000 tonnes of garbage to be dealt with. She stated if Council decides to conduct a public meeting she would like to see technical experts in attendance. Ms. McKeever stated her family puts out only one bag of garbage per month and that blame needs to be placed on those who are not recycling. She expressed concern that there is too much contradictory information circulating and a forum would be a beneficial way to provide accurate information to the public. COMMUNICATIONS Resolution #C-070-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information, including Hand-out Items I - 15 to I - 21 inclusive, be approved. “CARRIED” I - 1 Minutes of the Newcastle Memorial Arena Management Board dated January 8, 2008 I - 2 Minutes of the Clarington Heritage Committee dated January 15, 2008 I - 3 Minutes of the Kawartha Conservation Authority dated December 12, 2007, January 16, 2008, and January 22, 2008 Council Meeting Minutes - 20 - February 11, 2008 I - 4 Kristin D. McKinnon-Rutherford forwarding the following information concerning the proposed Energy-From-Waste facility: a) Correspondence dated January 24, 2008, outlining facts that were not provided by Mr. Magnus Schonning during his delegation to Regional Council on January 23, 2008, including the Swedish government’s export of fly ash, import of waste, taxation of incineration to encourage diversion, and the release of toxic emissions from their 29 incinerators; refuting comments of Cliff Curtis, Commissioner of Works regarding emissions/ environmental guidelines for Ontario being the same as those in Europe and the maximum rate of diversion achievable; refuting claims of Mr. Ed McLellan; identifying serious methodological limitations to the generic health study; attaching a report on Nova Scotia’s waste management system; and expressing concern with the process undertaken regarding the initiative. b) Correspondence dated January 24, 2008, addressing the issue of due diligence regarding the proposed incinerator; identifying intimidation and information manipulation from the pro-incinerator supporters; expressing concern with the lack of response concerning where toxic ash will end up; and offering a reminder that the issue is not incineration vs. landfill but disposal vs. diversion and that a comprehensive diversion coupled with economic development and extended producer responsibility is a better option than incineration and landfill. c) Correspondence dated January 29, 2008, clarifying the per capita CO2 emissions for Sweden and Canada of 5.98 and 23.68 tons respectively; and advising of information released from the Heart and Stroke Foundation indicating a direct link between fine particulate matter and heart disease and stroke. d) Correspondence dated January 29, 2008, clarifying Nova Scotia’s achievements in waste diversion between 1996 and 2004; and attaching the source document “Status Report 2004 of Solid Waste-Resource Management in Nova Scotia: Nova Scotia, A World Leader in Recycling”. e) Correspondence dated January 29, 2008, forwarding an article entitled “Minas Basin Pulp and Power – One of Nova Scotia’s Best Green Secrets” highlighting a partnership in environmental and economic sustainability. Council Meeting Minutes - 21 - February 11, 2008 f) Correspondence dated January 29, 2008, thanking Clarington’s local Councillors for declaring Clarington an “Unwilling Host” community to the proposed incinerator. g) Correspondence dated January 31, 2008, providing websites for information on alternatives to landfill and incineration and reminding Council of the waste resource conference being held in Nova Scotia this April. I - 5 Correspondence has been received from individuals/groups listed below in opposition to the proposed Energy-From-Waste facility due to the impact on human health, global warming and the economy; encouraging investigation into alternative waste diversion programs; and thanking Council for declaring Clarington an “Unwilling Host” community. (Copies of all correspondence are on file in the Municipal Clerk’s Department.) a) Jim Robinson b) Julia Potocnik c) Daniel Reiff and Dr. Kimberley Clow d) Linda and Mike Bryant e) The Duffy Family I - 6 Fred Meinecke forwarding information from the Confederation of European Waste-to-Energy Plants, an organization representing 340 Waste-to-Energy Plants from 16 European and one American company whose facilities treat waste in an environmentally sound way and produce energy which is delivered to citizens and industry. I - 7 Myno Van Dyke forwarding information from independent studies conducted by Columbia University outlining and comparing the health risks of Waste-to-Energy facilities; advising there are over 600 Waste- to-Energy facilities operating worldwide with modern facilities producing very little pollution, and supplying 27 million people in Europe with electricity; stating that he feels committing to Zero Waste is easy to say but is not practical or realistic and that consumers need to change their habits and start thinking pro-actively. Mr. Van Dyke indicates that he is not opposed to using modern Waste-to-Energy facilities and that local governments should see every side of the argument and learn from others with the same waste management problems. Council Meeting Minutes - 22 - February 11, 2008 I - 8 Denis Kelly, Regional Clerk, York Region, advising Council that on January 24, 2008, York Regional Council passed the following resolution pertaining to the Durham/York Residual Waste Environmental Assessment Study Recommendation of Preferred Location: “It is recommended that Council approve the consultant team’s recommendation, Clarington 01, as the preferred site of the location of the Durham/York energy from waste facility for submission to the Ministry of the Environment as part of the Individual Environmental Assessment.” and, advising that a copy of Council’s correspondence dated January 21, 2008, requesting deferral of the site selection has been forwarded to the next meeting of the Durham/York Joint Waste Management Group for consideration. I - 9 Dr. Ken Connelly, President and CEO, Goodwill, advising of critical roles Goodwill plays in reducing poverty in Ontario by facilitating a transfer of wealth, by providing access to work and by supporting community building; reflecting on 2007 in which 255 people were provided with jobs through Goodwill REACH (Real Employment to Achieve Community Health); thanking Council for their ongoing rd interest and support; and, welcoming 2008, their 73 year of providing work opportunities to people in the community who need them the most. I - 10 Libby Racansky expressing concern that the provisions of the Planning Act and Greenbelt Act have been violated concerning the extension of municipal services along Hancock Road as the planning process was not adhered to; suggesting further expansion of the urban boundary should not be considered due to the poor shape of the Black-Farewell watershed; and questioning why Council is in favour of extending services when current infrastructure is not maintained. I - 11 The Bowmanville Santa Claus Parade Committee extending appreciation to the Municipality for continued support of the parade and for use of the Old Fire Hall. I - 12 Terry Graham, Newcastle Lions Club, outlining the “No Child Without” proposal, a partnership between Medic Alert and Lions International providing free medic alert bracelets to elementary school children between the ages of 4 and 14. Council Meeting Minutes - 23 - February 11, 2008 I - 13 Martha A. Pettit, Deputy Clerk, Town of Whitby, advising Council that on January 28, 2008, the Town of Whitby passed the following resolution pertaining to Increase Waste Diversion Challenge: “1. That the Town of Whitby accept a challenge from the Municipality of Clarington to divert the greatest amount of waste going into landfill; and 2. That the matter of waste, waste diversion and recycling by the industrial commercial and institutional sectors be referred to Public Works staff and that a report be brought forward with options for Council’s consideration.” I - 14 Eleanor Hastie, Marketing Coordinator, White Cliffe Terrace Retirement Residence, advising that White Cliffe Terrace is planning to “get on board” to support “Earth Hour” on March 29, 2008, an initiative to turn the tide on global warming by shutting off lights and appliances and using energy efficient light bulbs to reduce emissions, and requesting Council to encourage all businesses and families in the community to join in the event. I - 15 Carl Zmozynski requesting clarification as to whether Mayor Abernethy himself invited four presenters in support of incineration and arranged for a media release despite the official position taken by Clarington Council on January 28, 2008 to declare that Clarington will not be a willing host to the proposed incinerator and that presenters opposing incineration were not invited to the meeting. I - 16 Sean Keane stating that elected officials are to act on behalf of the community they represent and to leave their personal ambitions and interests behind in decision-making. Mr. Keane expresses concern that the proposed incinerator will have adverse health effects on present and future residents, suggests that Members of Council who are in favour of the facility should sign a personal guarantee to its safety and financial welfare of residents; and requesting the truth on what it is, how safe it is and how much it will cost. I - 17 Jason Cooke questioning why only presenters who are pro- incineration were invited to tonight’s Council meeting and requesting a response to his previous inquiries regarding Energy-From-Waste. Council Meeting Minutes - 24 - February 11, 2008 I - 18 Francis Kiernicki expressing serious concerns with the proposed Energy-From-Waste facility stating as a professional in the field of waste management he sees on a daily basis the type of waste that goes into the waste stream and feels funding could be better spent on a massive re-education program to amend the purchasing habits of individuals and product packaging of manufacturers; expressing concern with the health hazards associated with incineration and the disposal of toxic ash; and requesting Council to oppose the project and champion a better cause. I - 19 John Oates expressing concern with Mr. Magnus Schönning’s presentation to Regional Council on January 23, 2008, as he was responding to technical matters concerning Energy-From-Waste when local professional people were being ignored; requesting Mr. Schönning’s presentation to Clarington Council address specific questions regarding the safety and cost effectiveness of the facility; and urging Council to ensure crucial questions regarding the safety and cost are answered accurately. I - 20 Steve Oake expressing concern that Members of Council want to force an incineration facility when there isn’t even a recycling facility in Clarington and that they should be taking into account the public’s concerns and listening to the opinions of medical experts and environmental professionals when making decisions concerning the health and welfare of residents and taxpayers they are representing; and advising if an incinerator is built in Courtice they will not vote for any of the Councillors in favour of incineration and that they support a state of the art recycling facility as an alternative. I - 21 Erwin Wadinsperger advising he is in support of an Energy-From- Waste facility provided that the location and technology meet the highest standards and that all physical, social and economic considerations adhere to a combined Provincial/Federal Environmental Assessment. CORRESPONDENCE FOR DIRECTION Resolution #C-071-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Items including Handout Item D - 12 be approved as per the agenda, with the exception of Items D - 1, and D - 5 to D - 8, inclusive, D -10, D - 11 and D - 12. “CARRIED” Council Meeting Minutes - 25 - February 11, 2008 D - 2 Darina Landa, Co-ordinator, Fundraising Events, Multiple Sclerosis Society of Canada, requesting permission to hold the 2008 Bowmanville Super Cities WALK for MS on Sunday, April 13, 2008, in support of finding a cause and cure for multiple sclerosis and to enable those living with MS to enhance their quality of life; enclosing a route map for the event and a copy of the Certificate of Insurance; and, requesting to hang a promotional banner across Highway 2. The walk will begin and end at Bowmanville High School commencing at 9:30 a.m. with 350 walkers expected to participate. (Request to hold the WALK for MS approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department, and approval granted to display the banner across Highway 2) D - 3 Scott Jeffery, President, and Donna Donaldson, Executive Officer, Durham Region Home Builders’ Association, inviting Mayor Abernethy to attend their “Mayors and Members” evening on March 18, 2008, and requesting April 2008 be proclaimed “New Homes Month” in Clarington in recognition of new home construction and ownership as a basic factor in economic progress and quality of life. (Proclaimed) D - 4 Michael Chan, Minister, Ministry of Citizenship and Immigration, advising that nominations for the Newcomer Champion Awards, a program recognizing outstanding individuals or groups who contribute to the understanding and sharing of Ontario’s cultural diversity and provide welcoming communities for the benefit of newcomers, are being accepted until March 14, 2008. Nomination forms and information on the awards is available on the Ministry’s website at www.citizenship.gov.on.ca. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) D - 1 Jim Richards tendering his resignation from the Samuel Wilmot Nature Area Advisory Committee as he feels the committee is redundant as Council has not provided any funding support to the Committee to ensure Clarington’s natural resources are preserved and protected. Council Meeting Minutes - 26 - February 11, 2008 Resolution #C-072-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D - 1 be received with regret, and referred to the Municipal Clerk. “CARRIED” D - 5 Marion Saunders, Chair, Lakeridge Health Corporation Board of Trustees, advising their 2008 membership campaign will run from February 3 to March 31, 2008, requesting Council to endorse the 2008 Campaign; encouraging Clarington residents to show support for their hospital by becoming members of Lakeridge Health; and, requesting Council’s approval to place brochures and applications in municipal facilities and other locations during the campaign period. Resolution #C-073-08 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS Lakeridge Health serves over half a million residents in Durham Region at 19 different sites, including three hospitals in Bowmanville, Oshawa, and Port Perry, and two specialty sites (Lakeridge Health Whitby and Pinewood Addiction Treatment Centre), and the R. S. McLaughlin Durham Regional Cancer Centre; AND WHEREAS key improvements to care like the redevelopment of the Emergency Department, Critical Care Unit and Diagnostic Imaging suites at Lakeridge Health Bowmanville are vital to the health of our hospital; AND WHEREAS, there is a need for greater resources to reduce the $279 gap in hospital funding per Durham resident, and to keep up with our growing and aging community; AND WHEREAS the support of our community through hospital memberships is important in demonstrating that our patients, staff, physicians and volunteers deserve fair and equal access to health care services: THEREFORE BE IT RESOLVED THAT the Municipality of Clarington Council hereby supports Lakeridge Health’s 2008 membership campaign, which runs February 3 to March 31; Council Meeting Minutes - 27 - February 11, 2008 AND FURTHERMORE, THAT Clarington Council encourages local residents to show they support the dedicated and caring staff, physicians and volunteers at our hospital, by becoming a member of Lakeridge Health and purchasing a $10 membership. “CARRIED” D - 6 Ginette Bertrand, Clerk, Corporation of the Township of Russell, advising Council that on January 21, 2008, the Township of Russell passed the following resolution pertaining to the calculation of municipal debt capacity: “WHEREAS Ontario municipalities are subject to a borrowing capacity based on 25% of their previous year taxation revenues; AND WHEREAS the calculation of the debt capacity includes debts for public utilities such as waterworks and sanitary sewer; AND WHEREAS the public utilities debts are reimbursed through user fees, which have no impact on the operation of a municipality’s general fund; THEREFORE BE IT RESOLVED THAT the Township of Russell hereby petitions the Provincial Government to consider amending the formula used to calculate a municipality’s debt capacity by excluding debts for public utilities in order to allow a municipality to increase the financing of capital projects such as roads, bridges and other municipal infrastructures which are reimbursed through property taxes; and BE IT ALSO RESOLVED THAT a request for support be forwarded to every municipality in Ontario and that they forward their support to the Minister of Municipal Affairs, the Finance Minister, AFMO, AMO, OGRA and to the Township of Russell.” Resolution #C-074-08 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Township of Russell with respect to the calculation of municipal debt capacity be received for information. “CARRIED” Council Meeting Minutes - 28 - February 11, 2008 D - 7 Marisa Kraus, Manager, LCBO Agency Store Program, advising since 2002, the community of Hampton has had an existing agency store that sells alcohol to consumers who do not have reasonable access to an LCBO store; advising LCBO will be initiating the public tendering process for the community of Hampton for a new term to ensure all retail businesses in the area have equal opportunity to sell LCBO products; and, requesting the Municipality to forward any objections regarding the matter by February 29, 2008. The correspondence noted only one authorization will be granted within a community. Resolution #C-075-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Council endorse the actions taken by the LCBO Agency Store Program in initiating the public tendering process for a new term for the Hampton agency store. “CARRIED” D - 8 Carolyn Downs, City Clerk, City of Kingston, advising Council that on January 22, 2008, the City of Kingston passed the following resolution pertaining to the “BUY-A-NET Malaria Prevention Group”: “WHEREAS malaria is the leading killer of children in Africa, taking a child’s life every 30 seconds; and WHEREAS on April 25th, 2000, at the African Summit in Abuja, Nigeria, Africa Malaria Day was declared as April 25th as a commitment by all nations to halve the burden of malaria by 2010; and, WHEREAS April 25th is also known and recognized as World Malaria Day by the international community; and, WHEREAS the United Nations acknowledges the importance of the need to halt and begin to reverse the incidence of malaria not only as a goal in itself, but as an essential path toward achieving all the Millennium Development Goals by the target day of 2015; and, WHEREAS Canadian citizens make an immense contribution to improving quality of life in communities around the world through their efforts as volunteers and supporters of international cooperation and partnership; and, Council Meeting Minutes - 29 - February 11, 2008 WHEREAS the City of Kingston is committed to international cooperation and partnership to improve the quality of life of all people; and, WHEREAS ‘BUY-A-NET Malaria Prevention Group’, a Kingston based registered charitable Canadian citizen-driven volunteer initiative, believes that together, as united citizens against malaria, we can prevent malaria and alleviate the pain and suffering inflicted upon people (particularly children and pregnant women) in Africa through the procurement and distribution of long lasting insecticide treated bed nets and anti-malaria medicines free-of-charge, one village at a time; and, WHEREAS the City of Kingston was host to the first annual Canadian event in support of World Malaria Day; and, WHEREAS Kingston was the first city in Canada to proclaim April 25th as World Malaria Day; and, WHEREAS the City of Kingston urges organizations and citizens of Kingston to consider contributing what they can to prevent the incidence of malaria in Africa; and, WHEREAS the designation of Fort Henry in Kingston and the Rideau Canal as a UNESCO World Heritage Destination has a connection to malaria in that 100’s of workers died building this infrastructure that is so important to Canadian history and our quality of life; and, WHEREAS it takes so little to make a difference; for $350.00 a village in Africa can be provided with bed nets thereby greatly reducing the incidence of malaria; THEREFORE BE IT RESOLVED THAT the Mayor and City Councillors kick-off a City of Kingston drive to “net a village” in Africa by encouraging personal contributions to the campaign; and, BE IT FURTHER RESOLVED THAT Mayor Harvey Rosen and City Council urge all citizens of Kingston and of all Ontario municipalities to adopt a village by considering a contribution to prevent the incidence of malaria in Africa; and, BE IT FURTHER RESOLVED THAT Mayor Harvey Rosen and City Council recognize April 25th, 2008, as World Malaria Day and urge the Canadian Federation of Municipalities to also pass a resolution endorsing the recognition of April 25th, 2008, as World Malaria Day and to encourage its member municipalities to “Net a Village” in Africa.” Council Meeting Minutes - 30 - February 11, 2008 Resolution #C-076-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the City of Kingston with respect to the “BUY-A-NET Malaria Prevention Group” be received for information. “CARRIED” Correspondence Item D – 9 was considered earlier in the meeting (see Page 6). D - 10 Susan Greatrix, City Clerk, City of Waterloo, advising Council that on January 14, 2008, the City of Waterloo passed the following resolution pertaining to the Canadian Broadcasting Corporation: “WHEREAS the Federal Heritage Committee noted that the Canadian Broadcasting Corporation (“CBC”) needs to do more in the area of local programming; AND WHEREAS the CBC is seeking increased federal funding to establish thirteen new regional CBC radio stations; AND WHEREAS Waterloo Region is one of the recommended designated areas; AND WHEREAS these Regional radio stations would be part of the CBC Radio One Network providing local morning and late afternoon programming created and broadcast locally; the remainder of the programming would be nationally produced and broadcast; AND WHEREAS a Waterloo Region CBC radio station would provide local broadcast morning and afternoon programs to tell local stories, focus on public affairs and inform debate on local issues to national and international media providing access to the country and the world. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Waterloo is supportive of a Waterloo Region CBC radio station which recognizes the Region as one of the fastest growing areas, with its own cultural, economic and educational identity, which as an under serviced area, should have increased access to local public broadcasting services providing distinct coverage of local and regional news, culture and public affairs; Council Meeting Minutes - 31 - February 11, 2008 AND FURTHER THAT Waterloo City Council call on the Federal Government and Heritage Minister to include sustainable funding to ensure this service can be provided for the Region of Waterloo and other regional radio stations; AND FURTHER THAT this resolution be circulated to the Region of Waterloo Members of Parliament, the House of Commons Standing Committee on Canadian Heritage, the Prime Minister, the Minister of Heritage, the Chair of the CBC, the President of the CBC, the Association of Municipalities of Ontario and the Federation of Canadian Municipalities. AND THAT municipalities consider a motion in support of this initiative.” Resolution #C-077-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the resolution from the City of Waterloo with respect to the Canadian Broadcasting Corporation be received for information. “CARRIED” D - 11 Diane Higgs, requesting clarification as to why Council is divided on the EFW process regarding the proposed incinerator as she assumes that the environmental process will simply provide further information which she is interested in hearing the findings. Resolution #C-078-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 11 be received for information. “CARRIED” D - 12 Ashley McCrae urging Council to participate in Earth Hour on March 29, 2008, a global initiative promoted by the World Wildlife Fund to save power and show international unity against global warming by turning off non-essential power from 8:00 p.m. to 9:00 p.m. Council Meeting Minutes - 32 - February 11, 2008 Resolution #C-079-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Ashley McCrae be advised of Council’s direction concerning Correspondence Item D – 9. “CARRIED” STAFF REPORT(S) Report # 1 - Report CLD-007-08 – Request for Review of Kennel Licence Requirements Resolution #C-080-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CLD-007-08 be received; THAT the licencing requirements set out in the Kennel Licencing By-law 2006-228 be upheld; THAT Mr. Ari Rotman’s appeal to the licencing requirements be denied; and THAT Mr. Ari Rotman be advised of Council’s decision. “CARRIED” Report #2 - Confidential Verbal Report of the Chief Administrative Officer, Director of Emergency Services/Fire Chief and Director of Corporate Services and Human Resources concerning a Labour Relations Matter Resolution #C-081-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the Confidential Verbal Report of the Chief Administrative Officer, Director of Emergency Services/Fire Chief and Director of Corporate Services and Human Resources concerning a Labour Relations Matter be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Council Meeting Minutes - 33 - February 11, 2008 Report #3 - Confidential Verbal Report of the Solicitor concerning a Property Matter Resolution #C-082-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the memorandum received from the Solicitor pertaining to his Confidential Verbal Report concerning a Property Matter be received. (See Following Motion) Resolution #C-083-08 Moved by Councillor Foster, seconded by Councillor Novak THAT the Confidential Verbal Report of the Solicitor concerning a Property Matter be tabled until the March 3, 2008, Council meeting. “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 Bob Hann, Valiant Property Management – Request for Exemption to the Municipality’s Sign By-law – West Bowmanville Shopping Centre Resolution #C-084-08 Moved by Councillor Trim, seconded by Councillor Novak THAT an increase in the size of the Clarington Place/Home Depot Pylon sign to 144 square feet (approximately 8’ x 18’) be approved in principle, subject to the submission of a Site Plan Amendment application for no additional fee. “MOTION LOST” Council Meeting Minutes - 34 - February 11, 2008 Resolution #C-085-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT an increase in the size of the Clarington Place/Home Depot Pylon sign to a maximum of 10.2 square metres be approved in principle, subject to the submission of a Site Plan Amendment application for no additional fee. “CARRIED” Resolution #C-086-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegations of Jeremy Woodcock, Wendy Bracken, Kristin Robinson, Kevin LeGrand, Nadia McLean-Gagnon, Wayne Ellis on behalf of Louis Bertrand, Paul André Larose, Kerry Meydam, Doug Anderson, Alexandra Bennet, Elaine Gillies, Shirley Crago, Dave Renaud, Cecil MacKesey, Sandra Lawrence, Edward Lawrence, John Muto, Jim Richards, Pat Gostlin, Bruce Wood and Cathrine McKeever concerning Energy-From-Waste be received with thanks and that Council extend appreciation to each individual. “CARRIED” Resolution #C-087-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the Rules of Procedure be suspended to allow for the meeting to continue beyond the 11:00 p.m. curfew. “CARRIED” BY-LAWS Resolution #C-088-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce the following By-laws 2008-024 to 2008-027, inclusive; 2008-024 Being a By-law toamend By-law 2005-145, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors Council Meeting Minutes - 35 - February 11, 2008 2008-025 Being a By-law toappoint an individual as Parking Enforcement Officer and to repeal By-law 2002-163 2008-026 Being a By-law toauthorize a contract between the Corporation of the Municipality of Clarington and Bell Mobility Inc., Mississauga, Ontario, to enter into agreement for the Provision of Cellular Services and Related Hardware 2008-027 Being a By-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (“OIPC”) for funding from the Municipal Infrastructure Investment Initiative for a new eligible capital project of the Corporation of Municipality of Clarington (the “Municipality”), and to approve the expenditure of funds on said eligible capital project THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Robinson presented a cheque from the Newcastle Arena Board in the amount of $15,069 to repay the loan received from the Municipality. He also stated that a new Zamboni has been purchased through fundraising efforts and at no cost to the Municipality. Resolution #C-089-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT the Rules of Procedure be suspended to allow for the introduction of an item of new business at this time. “CARRIED” Resolution #C-090-08 Moved by Councillor Novak, seconded by Councillor Woo THAT Councillor Trim be appointed as Deputy Mayor for the period February 13, 2008 to February 24, 2008. “CARRIED” Council Meeting Minutes - 36 - February 11, 2008 Resolution #C-091-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the meeting be “closed” in order to consider a Confidential Verbal Report of the Chief Administrative Officer, Director of Emergency Services/Fire Chief and Director of Corporate Services and Human Resources concerning a Labour Relations Matter. “CARRIED” The meeting resumed in open session at 11:20 p.m. Resolution #C-092-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-028 being a by-law to amend the by- law to appoint an Acting Head of Council to act in the place of the Head of Council for the Municipality of Clarington and that the by-law be read a first, second and third time and finally passed. “CARRIED” Mayor Abernethy and Councillor Novak made disclosures of pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Councillor Trim chaired this portion of the meeting. CONFIRMING BY-LAW Resolution #C-093-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-029, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held thth on the 11 day of February, 2008; and reconvened on the 13 day of February, 2008 and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes ADJOURNMENT Resolution #C-094-08 Moved by Councillor Robinson, seconded by Woo THAT the meeting adjourn at 11 :25 p.m. "CARRIED" - 37- February 11, 2008