HomeMy WebLinkAbout05/26/2008
Council Meeting Minutes
MAY 26, 2008
Minutes of a regular meeting of Council held on May 26, 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 Services, T. Cannella
Recreation Services Manager, S. Meredith
Deputy Treasurer, L. Gordon
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources, M. Marano
Children’s Co-ordinator Clarington Public Library, T. Pross, attended
until 7:20 p.m.
Manager of Community Planning and Design, C. Salazar
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Councillor Novak advised of the following events she attended recently:
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Opening of the Ontario Power Generation Community Kiosk in the Bowmanville
Mall
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Tour of the Bowmanville Senior Public School with the Clarington Heritage
Committee
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Tour of Regional Operations Facility and Material Recovery Facility Recycling
Centre
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Dinner and Auction in Support of Bethesda House
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Sea Cadets Annual Review
Council Meeting Minutes - 2 - May 26, 2008
Councillor Hooper advised of the following:
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The 6 Annual Alfie Schrub Fun Run in support of the Clarington Museum –
June 1, 2008
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Clarington Older Adult Association will be hosting Volunteer Appreciation
Evening on May 28, 2008
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Trooper Darryl Caswell Dedication at the Cenotaph on May 29, 2008
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“Support Our Troops” Rally on May 29, 2008
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Bowmanville 150 Anniversary Committee are moving forward with a number
of events
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Discussions are underway with the Lions Club for a Fundraising Event to be
held on July 15, 2008, at the Beech Centre for Victims of the Bowmanville Fire
Councillor Foster announced the following:
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June 1, 2008 is the Purina Walk for Guide Dogs Event starting at Holy Trinity
Catholic Secondary School
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The Lions Club will host a Newfie Dance on June 14, 2008, at the Garnet B.
Rickard Complex
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Councillor Foster acknowledged recognition of Maryanne Found by the Ontario
Agricultural College and Hannu Halminen’s donation of a Dehavilland
Chipmunk aircraft to the Canadian Warplane Museum in Hamilton
Councillor Woo advised of the following:
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The Wall to Wall Fundraiser in support of the Visual Arts Centre of Clarington
will be held on May 30, 2008
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The Annual Fruit, Wine and Food Festival will be held on May 31, 2008, in
support of Big Brothers and Big Sisters
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“Greek Night” Fundraiser in Support of the Bowmanville Memorial Hospital
Emergency Department Redevelopment will be held Sunday, June 1, 2008, at
the Newcastle Community Hall
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Opening Ceremonies for the Special Olympics will be held on Thursday,
May 29, 2008
Councillor Trim advised National Public Works Week, May 18 to 24, 2008, concluded
with tours of the Durham Material Recovery Facility and displays of equipment used
by the Works Department and noted the events were well attended.
Councillor Robinson announced that the Farmers Market opens this Sunday,
June 1, 2008 at the Newcastle Arena and will operate from 10 a.m. to 2:00 p.m.
Council Meeting Minutes - 3 - May 26, 2008
Mayor Abernethy advised that he attended the Grand Opening of the Thai Hot Spot, a
new restaurant in Courtice. He also advised that he attended an economic
development trade mission to Italy to investigate sustainable technologies in a number
of areas and that he would provide further details at a later date. He will also be
preparing a DVD based on discussions with representatives from various companies.
MINUTES
Resolution #C-289-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT the minutes of a special meeting of Council held on May 2, 2008, minutes of a
regular meeting of Council held on May 5, 2008 and the minutes of a special meeting
of Council held on May 12, 2008, be approved.
“CARRIED”
PRESENTATIONS
Trevor Pross, Coordinator, Children’s Services, Clarington Public Library, addressed
Council regarding the “Battle of the Books” Competition which took place in
April 2008. Mr. Pross outlined details of the competition in which the public libraries of
Durham Region release a list of books at the Junior and Senior level and teams from
each school read the books and then compete to answer trivia questions on the
content and characters of the books they have read. This year seven schools
participated in the Clarington “Battle of the Books” reading a total of 40 books. Mr.
Pross stated the team from Lydia Trull Public School was the winner of the Clarington
competition and went on to win first place in the Durham Region Championship
winning Gold with a near-perfect score. Mr. Pross expressed appreciation to the
students and parents for their hard work and thanked Ms. Roozenboom, their teacher,
for her efforts in coaching the students.
Mayor Abernethy presented Certificates of Achievement to the following students from
Lydia Trull Public School, the 2008 Clarington Junior “Battle of the Books” Competition
Winning Team Members:
Alyssa Hargrove, Kathryn Marsh, Branson Chea, Jonathan Zavitski, Jacob Mastin,
Jessica Cearns and Amy Stewart. Mayor Abernethy acknowledged Reilly Murdoch,
Team Member, who was not in attendance.
Mayor Abernethy also presented a Certificate of Achievement to
Ms. Carol Roozenboom, in recognition of her efforts in coaching the winning team for
the 2008 Clarington Junior “Battle of the Books” Competition.
Council Meeting Minutes - 4 - May 26, 2008
Glenda Gies, President, Port Darlington Community Association and Co-Chair,
St. Marys Cement Community Relations Committee (CRC) and Candice Kay,
Co-Chair, CRC addressed Council to present the Committee’s 2007 Annual Report, a
copy of which had been reproduced in the Council Agenda. Ms. Gies, advised in
response to last year’s suggestion, the Wilmot Creek Homeowners Association now
has a member who attends all Committee meetings. Ms. Gies also stated that the
Committee continues to provide an effective forum for information sharing and
dialogue between St. Marys and its neighbours and that the Committee has been
constructive and helpful in improving their relationship. She acknowledged that St.
Marys is aware of their concerns and works diligently to mitigate effects on the
communities. Ms. Gies highlighted the last paragraph in the Report recommending
that the Committee continue to meet on a quarterly basis.
Candice Kay introduced Michael Smith, Quarry Manager and Rubin Plaza,
Environmental Manager, St. Marys Cement Inc. Mr. Plaza highlighted the
achievements of St. Marys in receiving awards for Land Stewardship (Recognition for
West Side Marsh Reconfiguration) and Energy Efficiency (Recognition for Energy
Management Conservation Program) as part of the 2007 North America Cement
Industry Energy and Environment Awards. He noted 2007 was an excellent year for
environmental performance with a reduction of 50% in SO2 emissions and 18%
reduction in NO2 emissions levels. Mr. Plaza stated St. Marys is ISO 14001 Certified
and is committed to continuous improvement in promoting an environmental culture
and management of liabilities and improving relationships with the community.
Michael Smith, Quarry Manager, highlighted an aerial photo taken in May 2007
depicting the plant in relation to the quarry. He noted the quarry is advancing in an
easterly direction, blasting on four benches. Mr. Smith reviewed maximum ground
and air vibration reports for 2007 noting they have procedures in place for handling
calls and dealing with concerns. He stated they did have one instance that exceeded
the Provincial guideline; however, the number of concerns has decreased in the last
four years and they continually work to reduce concerns and to deal with issues
before they become problems.
Candice Kay advised last year’s open house saw 700 visitors from Clarington and the
surrounding areas and that this year’s open house is scheduled for August 23, 2008,
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in conjunction with the 40 Anniversary of the Bowmanville site. Ms. Kay highlighted
community initiatives noting in 2007 St. Marys Cement supported over 35 different
local charities, events and sporting teams. Ms. Kay reviewed the 2008 Outlook
summarizing St. Marys continued commitment to reducing stack emissions,
maintaining continuous improvement practices in the area of the quarry and blasting
and their commitment to working with local charities and events including the
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sponsorship of the Bowmanville 150 Celebration “Free Zoo Day” on June 30, 2008
and the Mayor’s Golf Classic in July.
Council Meeting Minutes - 5 - May 26, 2008
In response to a question, Mr. Smith advised there were 120 blasts in 2007 with seven
complaints. He noted that St. Marys is striving for zero complaints.
Karen Fedato, Membership Co-ordinator, Clarington Board of Trade, addressed
Council on behalf of the Board of Trade and the Clarington Physician Recruitment
Committee to provide an update on the progress the Committee has made in
recruiting doctors to Clarington. Ms. Fedato stated since their last report in March
they have recruited another doctor who will be setting up practice in July at 222 King
Street in Bowmanville, they have been contacted by a resident who will be finished his
studies in 2009 and wants to relocate to Clarington, three new doctors have their
offices open at 222 King Street and a fourth doctor will be joining a practice there this
summer. Ms. Fedato stated through attendance at conferences they have the
opportunity to learnwhatfuture trends and challenges in recruiting doctors will be and
what other communities are offering. She noted the latest numbers show fewer
residents are becoming family doctors and instead are looking to hospital based
careers. Ms. Fedato expressed appreciation for the support the Committee receives
from the doctors, Council, Board of Trade Directors and the community. She noted the
Committee will also participate in a tour of five medical schools this fall which will
provide an opportunity to meet with residents and to sell them on the lifestyle
Clarington has to offer. Ms. Fedato noted that last summer they applied to the
Ministry of Health to have Clarington’s Underserviced Designation revised to reflect
the new 2006 census numbers which now indicate the community’s designated
complement is 56 doctors with 14 vacancies. Ms. Fedato summarized by stating to
date they have successfully recruited five doctors, have a commitment for a 2009
graduate and are negotiating with two more. She thanked Council for their continued
support and for entrusting the Committee with this important community development
program.
DELEGATIONS
Kerry Meydam addressed Council concerning Item 13 of Report #1 - Proposed
Operation Standards for EFW Facility and Correspondence Item D -33 - Host
Community Agreement for Energy-From-Waste stating despite valid concerns and
questions regarding the operating standards, it appears that Clarington may not be
getting the “state-of-the-art” facility as promised in January. She expressed concern
that this facility will require only the very minimum A-7 or EU regulatory standards and
that the emissions criteria was approved without public consultation and benefit of a
peer review. Ms. Meydam also expressed concern that the business case will also be
rushed through Council without the area municipalities being given time to assess the
impact on their residents or to allow public consultation. Ms. Meydam referenced
Council’s resolution of May 21, 2008, concerning the Host Community Agreement
(HCA) stating residents of Clarington have great concern that they have not been
consulted on any aspect of the Agreement and that part of the resolution indicates that
subject to the Region meeting all of Clarington’s conditions, Council is prepared to
reconsider its “unwilling host” stance. Ms. Meydam questions how Council could
reconsider its position when the reasons for declaring Clarington an “unwilling host”
Council Meeting Minutes - 6 - May 26, 2008
community have not changed. Ms. Meydam questions what harm there would be in
delaying the approval of the business case for a few weeks in order to hold
information sessions and questions why Council appears to be reluctant in hosting a
PIC to cover all operational standards, the business case and the Host Community
Agreement.
Linda Gasser addressed Council concerning Item 13 of Report # 1 - Proposed
Operation Standards for EFW Facility. Ms. Gasser stated there have been four
versions of the emission criteria document but no supporting rationale provided and
no peer review undertaken. Ms. Gasser expressed concern that some Councillors
may be confused in believing that a peer review of the Region’s Air Emission Level
report was done and therefore may be unintentionally misleading other Councillors or
they may intentionally be misleading others as they feel the Region does not want the
review to be done. Ms. Gasser feels that if the Region was confident in their
assertions they would welcome the peer review as an opportunity to endorse and/or
improve their proposal and to assure the host community residents that what is
proposed is the best of the best. Ms. Gasser expressed concern that Regional
Council has failed to direct staff to provide a clear rationale for the emission limits and
failed to instruct staff to determine what Maximum Achievable Control Technology
(MACT) would entail for various parameters. Ms. Gasser indicates that the public has
routinely identified emissions and public health impacts as their top priority and
questions why Council would not want to take the basic step of commissioning a peer
review to ensure that to what degree the limits, sampling and monitoring proposals
protect human health. Ms. Gasser summarized by stating that this is the most
important and urgently needed step to take and the time is now, prior to the Region
moving forward with the Request for Proposals.
Aiden Tombs, President and Emily Manns, President, Students Against Global
Warming, addressed Council concerning Correspondence Item D - 14 - Selection of
the Chair of the Green Community Advisory Committee and Correspondence
Item D - 15 Proposed Anti-Idling By-law. Mr. Tombs expressed concern with the
selection of the Mayor as Chair of the Green Community Advisory Committee and
feels that Council must follow the rules they put in place. Ms. Manns stated the issue
of idling in the municipality is a serious matter and must be dealt with immediately as it
affects both the environment and public health. Ms. Manns provided statistics in
support of restricting vehicle idling and distributed copies of by-laws passed by other
municipalities. Ms. Manns requested Council to model a similar by-law for the
municipality but to enforce stricter penalties.
In response to a question, Mr. Tombs stated he was aware the Region has initiated an
anti-idling by-law but feels that the municipality must also do its part to address
environmental concerns.
Council Meeting Minutes - 7 - May 26, 2008
Aiden Tombs and Emily Manns addressed Council concerning Item 12 of Report #1 –
Procedural By-law. Mr. Tombs stated they strongly believe that members of the public
deserve more opportunity to have their say in political matters and that the procedural
by-law does not provide an opportunity to address Council as members of the public
are only permitted to address Council if an item is on the agenda, otherwise, they
must appear before the General Purpose and Administration Committee (GPA).
Mr. Tombs stated the timing of the GPA Committee prohibits both students and some
members of the working public from attending. They feel the by-law should be made
to accommodate members of the public rather than organizations who can send
representatives to the meeting. He also feels that presentations should be heard at
the General Purpose and Administration Committee meeting but failing that, should
have a time limit and be heard after delegations. He also suggested that
announcements be made following delegations or directed to GPA. Ms. Manns stated
members of the public need to have the opportunity to be part of the decisions made
by their elected representatives.
Angela Russell and Amber Davidson addressed Council concerning Correspondence
Item D - 19 – Proposal to Save Bowmanville Nursery School. Ms. Russell stated both
she and Ms. Davidson are parents of children who attend Bowmanville Nursery
School and are concerned that the school is in jeopardy of closing. She stated the
Nursery School has been part of Bowmanville’s heritage and has operated for over 62
years. Ms. Davidson advised they have proposed suggestions and are working with
the Lions Club to save the school and have submitted a proposal requesting changes
to the rent structure and enrollment to charge on a per-student basis. Ms. Russell
noted this would be one component to help save the school and requested Council
involvement to save a core part of Bowmanville’s heritage. Ms. Russell also stated
they have gathered a petition and have letters from individual parents who are willing
to sponsor a spot in advance for September enrollment.
In response to a question, Ms. Russell stated the school capacity is 96 but an
enrollment of 80 would keep the school operational.
Louis Bertrand addressed Council concerning Correspondence Item D – 33 - Host
Community Agreement for Energy-From-Waste expressing concern that there has
been no public consultation on the negotiations and he fears that Council is being
enticed with the public’s own tax dollars. He stated he is concerned that the draft
agreement was conditionally approved last week in a closed meeting of Council and
that Council is willing to reconsider the “unwilling host” status. Mr. Bertrand feels that
the incinerator should not be built as it will continue to consume non-renewable
resources and contribute to climate change. Mr. Bertrand urged Council to hold a
public consultation session on the host community agreement and whether or not the
status of “unwilling host” community should be bargained away.
Council Meeting Minutes - 8 - May 26, 2008
Linda Gasser addressed Council concerning Correspondence Item D -33 – Host
Community Agreement for Energy-From-Waste. Ms. Gasser stated last fall Council
approved Resolution C-632-07 to negotiate to protect the health and safety of
Clarington residents and expressed concern that at a special Council meeting held on
May 21, 2008, Council approved a draft agreement that will bind the municipality for
50 years, without formally consulting Clarington residents and that part of the
resolution indicated Council may consider changing the “unwilling host” community
status. Ms. Gasser stated consultation with the public is part of Council’s due
diligence and expressed concern that repeated requests for Public Information
Sessions have fallen on deaf ears. Ms. Gasser feels that Clarington became an
“unwilling host” community too late in the game and that Regional Council now will not
listen to Clarington Councillors when they finally speak up. Ms. Gasser urged Council
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to reconsider its decision of May 21 with respect to Clarington’s formal position and
to consult with the public. She advised much of the host community agreement can
be made public and questioned what trade-offs have been made that will affect the
public’s health and welfare.
In response to a question, Ms. Gasser stated it is critical to have a peer review
conducted by independent experts to review what the region is proposing as no one is
formally challenging Regional Reports .
COMMUNICATIONS
Resolution #C-290-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 1, I - 15 and I - 18.
“CARRIED”
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
April 10, 2008.
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated May 13, 2008.
I - 4 St. Marys Community Relations Committee Annual Report - 2007.
Council Meeting Minutes - 9 - May 26, 2008
I - 5 Correspondence has been received from individuals listed below in
opposition to the proposed Energy-From-Waste facility. Comments
expressed include the negative health, environmental, and financial
consequences if the incinerator is built; the answer to the garbage
crises lies in reducing consumption, packaging and increasing waste
diversion efforts; and that Council should wait for a consensus of
scientific studies before making a decision. (Copies of all
correspondence are on file in the Municipal Clerk’s Department)
a) Christine Jackson
b) Joe and Mary Soltis
c) Ann Allen
d) Steve Tuck
e) Allen and June Cunningham
f) Rick Berenz
g) Julia Potocnik
h) Ronn Young
i) Joan Kellett
j) Lori Allin
k) Frances Harris
l) Connie Tuck
m) Gloria Duggan
n Will Duggan
o) Paul Medeiros
p) Andrea Barrette
q) Omeed M. Neekon
I - 6 Peter Van Loan, Leader of the Government in the House of
Commons and Minister for Democratic Reform, thanking Council for
their letter endorsing the resolution of the Regional Municipality of
Niagara concerning the “Democratic Representation Bill”, advising the
formula proposed in Bill C-22 will provide fair representation in the
House of Commons for all provinces and significantly improve the
position of Ontario compared to the existing formula.
I - 7 Jim Hankinson, President and CEO, Ontario Power Generation
(OPG) forwarding Ontario Power Generation’s semi-annual
Performance Report, covering OPG’s 2007 performance, highlighting
key aspects of their business including employee initiatives, safety
milestones, electricity production, environmental performance and
progress with new generation projects; and, forwarding a DVD of their
new video “Hydroelectric Upgrades: Investing for Today and
Tomorrow” providing an informative, “up-close” look at upgrades at
their hydroelectric stations.
Council Meeting Minutes - 10 - May 26, 2008
I - 8 Ian Hood, Chairman, Global Warming Prevention Technologies Inc.
and Public Protection Action Committee, responding to the Region of
York’s problem of disposing of the pelletized waste from York
Region’s waste disposal pelletization plant by proposing a 21st
Century answer for waste disposal through the patented Global
Warming Prevention Technologies’ Natural State Reduction System
(NSRS) waste gasification process which is environmentally friendly,
cost-effective, does not use incineration, combustion or composting in
the waste disposal process and meets all Ministry of the Environment
standards.
I - 9 Christine Chase, Administrative Assistant, City of Oshawa, forwarding
a copy of Oshawa City Council’s resolution on the Growing the
Greenbelt – Consultation 2008, as well as a copy of Report DS-08-
119 establishing the City’s comments regarding criteria proposed by
the Province for considering expansions to the Greenbelt.
I - 10 The Honourable John Gerretsen, Minister of the Environment, writing
to John O’Toole, MPP regarding the management of used tires in
Ontario and reporting that the Ministry of the Environment is now in
discussions with Waste Diversion Ontario (WDO) about the
development of a scrap tire management program; and, advising of
other diversion programs including the Municipal Hazardous or
Special Waste Program (MHSW), scheduled to begin on July 1, 2008,
and Waste Electronic and Electrical Equipment (WEEE) currently
under consideration. Further information regarding these programs is
available at www.wdo.ca.
I - 11 Dan Hefkey, Chief, Ministry of Community Safety and Correction
Services, issuing a reminder to municipalities of the need to meet
2008 obligations in ensuring their Emergency Preparedness Program
is fully functional, offering to assist staff in fulfilling the legislated
responsibilities; and, confirming the municipality’s compliance
activities for the current year.
I - 12 Kristin Duare McKinnon-Rutherford advising she has updated her
presentation “Debunking the Myths of Incineration” which she
presented to Regional Council in November 2007, found at
http://snipurl.com/1ynzx; suggesting a television show of interest
which aired on TVO on Wednesday, May 14, 2008, entitled “Your
Voice – Toxic Trespass”; advising that she has undertaken a
preliminary analysis of “Durham Region Residual Waste Disposal
Planning Study’s Summary Report and Record of Workshop #1,
Alternatives to the Undertaking, The Development of Environmental
Terms of Reference, Durham/York Residual Waste Study, Summary
Report and Record of the 2nd Series of Workshops, Alternative
Council Meeting Minutes - 11 - May 26, 2008
Methodology and Evaluation Criteria (Regional Municipality of York),
Development of Environmental Assessment Terms of Reference,
August 2005”, and feels that the assumption that incineration is the
choice of the people of the Region as indicated by Councillor Rick
Johnson at the January 23, 2008, Regional Council meeting is
questionable as statistics indicate that respondents feel that an
incinerator should not be located in or near parks or recreation lands,
schools or institutions; and, questioning whether politicians are
listening to the priorities expressed by the residents.
I - 13 Brian Bridgeman, MCIP, RPP, Director of Current Planning, Region of
Durham, forwarding a copy of Commissioner’s Report 2008-P-32 on
the East Cross Forest Project.
I - 14 Nestor Chornobay, MCIP, RPP, Director, Strategic Planning Branch,
Region of Durham forwarding a copy of Commissioner’s Report 2008-
P-37 on Monitoring of Growth Trends.
I - 16 Rob MacIsaac, Chair, Metrolinx, advising that on April 25, 2008,
White Paper 1: Vision, Goals and Objectives and White Paper 2:
Preliminary Directions and Concepts were approved by the Metrolinx
Board of Directors as part of the Regional Transportation Plan
process to improve the coordination and integration of all modes of
transportation in the Greater Toronto and Hamilton Area; advising the
white papers are available on the Metrolinx website at
www.metrolinx.com and inviting comments on the papers to be
posted electronically, submitted to RTP@metrolinx.com or sent
directly to Ms. Leslie Woo, General Manager, Policy and Planning
Unit, 20 Bay Street, Ste. 901, Toronto, ON M5J 2N8. Multi-
stakeholder consultation workshops will be held in June and public
meetings will be held in September. The final plan is due for Board
adoption and release in the Fall 2008.
I - 17 P. M. Madill, Regional Clerk, Region of Durham, writing to D. Kelly,
Regional Clerk, Regional Municipality of York advising that on
May 7, 2008, Regional Council passed the following resolution
pertaining to approval of Energy From Waste Air Emissions Criteria:
“a) THAT, subject to the Ministry of the Environment’s (MOE)
acceptance of the proposed Durham/York Energy From Waste
(EFW) facility emission limits, and approval of the business case
by both Durham and York Region Councils, the EFW proposed
operating limits (shown on Table 1 of Attachment 1 to Report
2008-WR-16), be adopted for inclusion in the Request for
Proposals to be sent to selected vendors, on the understanding
that the project team will continue to work with MOE to establish
emission criteria and monitoring for the proposed Durham/York
Council Meeting Minutes - 12 - May 26, 2008
EFW facility, as illustrated and discussed in Attachment 1 to
Report 2008-WR-16, subject to additional refinements as may be
required, and the final emission criteria arrived at with the MOE
will be incorporated into the Request for Proposals for the EFW
facility;
b) THAT copies of this resolution and Report 2008-WR-16 be
forwarded to the York Region Solid Waste Management
Committee and York Regional Council with a request that they
approve a similar resolution; and
c) THAT copies of this resolution and Report 2008-WR-16 be
forwarded to the Municipality of Clarington for information.”
I - 19 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on May 7, 2008, Regional Council passed the following resolution
pertaining to the Quarterly Report on Planning Activities (January 1,
2008 – March 31, 2008):
“a) THAT Report #2008-P-35 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2008-P-35 be forwarded to all Durham
Area Municipalities, Durham Regional Police Services, and
Durham Emergency Medical Services for information.”
I - 20 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on May 7, 2008, Regional Council passed the following resolution
pertaining to the Annual Subdivision/Condominium Activity Report:
“a) THAT Report #2008-P-34 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2008-P-34 be forwarded to the Area
Municipalities for information.”
I - 21 Doug Allingham, P.Eng., Consultant Project Manager, Totten Sims
Hubicki Associates, writing to P. Madill, Regional Clerk, Region of
Durham, expressing appreciation for forwarding Regional Council’s
comments of November 21, 2007, regarding the 407 East
Environmental Assessment (EA); attaching a table documenting the
specific comments; advising they have subsequently met with
Regional staff to gain greater clarification and detail regarding the
comments provided; and, look forward to Regional staff’s continued
involvement in the 407 East Environmental Assessment Study.
Council Meeting Minutes - 13 - May 26, 2008
I - 22 John R. O’Toole, MPP, forwarding a copy of correspondence he
received from the Minister of the Environment in response to the
Municipality’s support of the resolution of Morris-Turnberry on tire
recycling, indicating that the Ministry is now in discussions with Waste
Diversion Ontario (WDO) about the development of a scrap tire
management program and that the Province is committed to putting a
program in place as soon as possible.
I - 23 John R. O’Toole, MPP, Durham forwarding a copy of his Member’s
Statement, as recorded in Hansard, where he spoke briefly about the
April 29th fire in downtown Bowmanville in the Ontario Legislature
officially expressing the community’s appreciation for all those who
helped in this time of need, for the community’s hope for the future
and gratitude that there were no injuries.
I - 24 Newtonville Community Hall Board expressing appreciation for the
$2,500 grant provided to the hall which has assisted the Board in
continuing the use of the hall for community events and has enabled
the Board to purchase new furnishings and to make improvements to
the building.
I - 25 M. Brown for City Clerk, City of Toronto, advising that on April 28 and
29, 2008, the City of Toronto adopted motions to permit plated
motorcycles and scooters to use City of Toronto controlled High
Occupancy Vehicle (HOV) Lanes and to issue an advisory to other
jurisdictions in Ontario respecting this change in the use of HOV lanes
in Toronto.
I - 26 The Honourable Jim Bradley, Minister of Transportation writing to
John O’Toole, MPP, Durham in response to his letter regarding the
possibility of using the CN Bridge over Highway 401 near Waverly
Road as a memorial to recognize Canadian solders; acknowledging
the suggestion of using the bridge but indicating the Government
would not recommend the structure as drivers would have a difficult
time viewing the memorial due to its structure type, angle to Highway
401, the fact that the lands on both sides are privately owned
preventing public access and that the bridge would also require
significant restoration and maintenance work to create an appearance
that is appropriate for a memorial. The correspondence indicates that
the Province would be pleased to consider a memorial within the
highway limits if it is in a safe location and does not adversely affect
the traveling public but suggests that a location outside the highway
limits may prove to be more suitable as access would be possible.
Council Meeting Minutes - 14 - May 26, 2008
I - 1 Minutes of the Clarington Compost Facility Community Relations
Committee dated March 13, 2008.
Resolution #C-291-08
Moved by Councillor Novak, seconded by Councillor Trim
THAT the Minutes of the Clarington Compost Facility Community Relations
Committee dated March 13, 2008, be received for information.
“CARRIED”
I - 15 John Oates advising that on February 8, 2008, the Mayor’s Office
sent him a Public Notice “Exploring our Waste Solutions” about an
upcoming meeting to deal with incineration; that he was not notified
about a second meeting in the series dealing with “landfill”; and that
he objects to the use of the Mayor’s office to publicize some meetings
and not others and feels that all similar meetings should be getting
the same treatment. Mr. Oates indicates for the record, that he would
appreciate an open forum, outside of the Council meeting to ask
questions and get answers on this topic.
Resolution #C-292-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Mr. Oates be provided with a copy of the May 5, 2008, presentation of
Ian Parrott and Dave Fumerton, Ministry of the Environment, on Municipal Solid
Waste Management.
“CARRIED”
I - 18 P. M. Madill, Regional Clerk, Region of Durham, writing to D. Kelly,
Regional Clerk, Regional Municipality of York advising that on
May 7, 2008, Regional Council passed the following resolution
pertaining to Energy From Waste Site Liaison Committee Terms of
Reference:
“a) THAT, in accordance with the approved Environmental
Assessment (EA) Terms of Reference, and following the
approval of the business case by both Durham and York Region
Councils, a Site Liaison Committee (SLC) be established;
b) THAT the Terms of Reference for the SLC (shown on
Attachment 1 to Report 2008-WR-15 which incorporates the
amendments made by the Joint Waste Management Group at
their meeting held on April 15, 2008) be approved;
Council Meeting Minutes - 15 - May 26, 2008
c) THAT copies of this resolution and Report 2008-WR-15 be
forwarded to the York Region Solid Waste Management
Committee and York Regional Council with a request that they
approve a similar resolution; and
d) THAT copies of this resolution and Report 2008-WR-15 be
forwarded to the Municipality of Clarington for information.”
Resolution #C-293-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item I - 18 from P. M. Madill, Regional Clerk, Region of
Durham with respect to the Energy From Waste Site Liaison Committee Terms of
Reference be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-294-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Items be approved as per the agenda, including hand-out Item
D - 33 with the exception of Items D - 20 to D - 33, inclusive.
“CARRIED”
D - 1 Tracylynn Hu, Program Assistant, Heart & Stroke Foundation –
Durham Region Office, requesting permission to hold their annual
Heart and Stroke Big Bike fundraising Event on Tuesday,
June 10, 2008, from the host site at Kelsey’s Restaurant, enclosing
the route map; and, advising they will provide proof of insurance and
will apply for a road occupancy permit following Council approval.
(Approved provided the organizer’s
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 2 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus
Association of Ontario, requesting Council to proclaim the month of
June as “Spina Bifida and Hydrocephalus Awareness Month” in
Clarington to help raise awareness of the many challenges brought
on by these serious, disabling conditions.
(Proclaimed)
Council Meeting Minutes - 16 - May 26, 2008
D - 3 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage
Trust, inviting Council to participate in the 2008 Heritage Community
Recognition Program by submitting nominations of individuals or
small project groups for recognition in the categories of preservation
of built, cultural or natural heritage; Lifetime Achievement for
individuals (period of 20 to 24 years) or the Lieutenant Governor’s
Ontario Heritage Award for individuals (period of 25 years or more);
and, advising the nomination deadline is July 4, 2008.
(Correspondence referred to the
Municipal Clerk to place a notice in
the local newspapers)
D - 4 Lyle Goodin, Rotary Club of Bowmanville, requesting permission to
have a banner hung on Veridian’s hydro poles west of the railway
overpass for the month of June, or a portion thereof, to advertise the
Rotary Ribfest to be held on the playing fields of the Garnet B.
Rickard Recreation Complex from June 27, to July 1, 2008, as part
of Bowmanville’s Sesquicentennial Celebrations.
(Installation of banner approved and
Veridian to be advised)
D - 5 Newtonville Hall Board requesting permission for Church Lane and
Newtonville Mill Street to be closed from 10:00 a.m. to 9:00 p.m. on
June 14, 2008, to facilitate the Newtonville’s Annual Fun Day in the
Ina Brown Parkette.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department)
D - 6 Jeff Turnbull, MD, FRCPC, Chair, Council Award Selection
Committee, The College of Physicians and Surgeons of Ontario
forwarding information on the selection criteria, eligibility
requirements and nomination instructions for The Council Award, an
award honouring Outstanding Ontario Physicians who have
demonstrated excellence and come closest to meeting society’s
vision of an ‘ideal physician’; inviting nominations for the Award; and
indicating the deadline for receipt of nominations is August 8, 2008.
(Correspondence referred to the
Municipal Clerk to place an ad in the
local newspapers)
Council Meeting Minutes - 17 - May 26, 2008
D - 7 D. L. Cullingworth, Secretary, Newcastle – Bond Head Ratepayers
Association advising that the Association is in agreement with the
proposed Sign By-law provided that with respect to Mobile Signs, the
By-law stipulates the length of time and concentration at any location
and that there are appropriate penalties should the by-law be
ignored.
(Correspondence referred to the
Director of Planning Services)
D - 8 Carole Roughley requesting Council to reduce the Annual Fee
Category of “Senior” to age 60 from age 65 for admission to
recreational facilities as she and other citizens in the community
have retired early and live on fixed incomes and have helped build
and maintain these facilities through payment of their property taxes.
(Correspondence referred to the
Director of Community Services)
D - 9 Orono Business Improvement Area requesting to close Main Street
from Centreview to Park Street on August 16, 2008, from 9:00 a.m.
to 4:30 p.m. for an Antique Flea Market and on September 20, 2008,
from 9:00 a.m. to 4:30 p.m., for the annual Chili Cook-off.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department)
D - 10 Leslie Hurley and Tammy Shiel requesting permission to close part
of Firwood Avenue on Saturday, May 31, 2008, from 4:00 p.m. to
2:00 a.m., Sunday, June 1, 2008, (rain date June 7, 2008) for the
purpose of holding a neighbourhood street party, including a
barbecue (on private property), and children’s games.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department)
D - 11 Al Storie, Race Director, Alfie Shrubb 8K Classic, requesting
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permission to host the 6 Annual Alfie Shrubb 8K Classic road race
on Sunday, June 1, 2008. The correspondence indicates that Alfie
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Shrubb was part of Bowmanville’s 100 Anniversary in 1958 and this
year runners will be recreating the event from 50 years ago when
Alfie ran for the very last time.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department)
Council Meeting Minutes - 18 - May 26, 2008
D - 12 Flora and Clifford Curtis requesting permission to hold a fireworks
display to close their family reunion/wedding reception on Saturday,
July 19, 2008; advising the cost of the permit was reduced in 1994
and 2004, that they will notify their immediate neighbours of their
plans; and, will take all necessary safety precautions to ensure no
complications arise.
(Approved provided the organizers
obtain a fireworks permit from the
Municipal Law Enforcement Division)
D - 13 James Tremblay and Rick LeBlanc requesting permission for a
partial road closure on Short Crescent, from 2:30 p.m. to 11:00 p.m.
on June 28, 2008 (rain date June 29, 2008) to host a Canada Day
Celebration to include Dodge ball game, water balloon fight, sidewalk
bowling, clown appearance, treasure hunt, small jumping castle,
music with DJ, street dance, BBQ and fireworks display; attaching a
map indicating the boundaries for the closure and a list of names,
signatures and addresses of neighbours in favour of the proposal;
and, advising liability insurance has been arranged through WB
White Insurance Brokerage.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department and a fireworks permit
from the Municipal Law Enforcement
Division)
D - 14 Aiden Tombs and Emily Manns expressing concerns with respect to
the selection of the Chair of the Green Community Advisory
Committee.
(Advise of Council’s decision and
copy of Addendum Report CLD-015-
08 be forwarded)
D - 15 Aiden Tombs and Emily Manns proposing the passage of an
anti-idling by-law as they believe it is an important matter to save the
environment and that the municipality is lacking in this aspect.
(Correspondence referred to the
Municipal Clerk’s Department)
Council Meeting Minutes - 19 - May 26, 2008
D - 16 M. Aileen Carroll, Minister Responsible for Seniors requesting that
June be proclaimed “Seniors’ Month” to recognize the contributions
of older adults and to promote active living and healthy lifestyle
choicesand to spotlight local services and programs available in the
community to help frail seniors live with dignity, and as independently
as possible.
(Proclaimed)
D - 17 Gabriele Albrecht, Director of Residential Services, The Participation
House Project (Durham Region), a non-profit agency that supports
individuals with developmental and physical disabilities in residential
and day programs; advising of a cost overrun to upgrade the existing
sprinkler system to meet Fire Code for a group home in
Bowmanville; and, requesting Council to consider providing a grant
in the amount of $3,000 to offset the deficit incurred with the
installation of the 2” water main into the home.
(Advise of the Municipal Grant
Process)
D - 18 Angie Darlison, Executive Director and Peter Evans, President,
Clarington Older Adult Association advising that on May 9, 2008, the
Clarington Older Adult Centre Board approved the following
resolution pertaining to the Clarington Older Adult Association lease
agreement:
“WHEREAS it is our understanding that the Nursery School have
terminated their lease and
WHEREAS in accordance with our present lease the Clarington
Older Adult Association is to be given first option for this space and
WHEREAS our membership has risen to nearly 1000 and
WHEREAS additional programming space is required and
WHEREAS we do not have money for additional operating staff and
external rental space
BE IT RESOLVED THAT the Clarington Older Adult Centre Board
formally request the Municipality of Clarington provide this space for
the sole use of the Clarington Older Adult Centre Board to provide
additional programming opportunities and
FURTHER BE IT RESOLVED THAT if necessary a special board
meeting be held to discuss this matter.”
(Correspondence referred to staff)
Council Meeting Minutes - 20 - May 26, 2008
D - 19 Angela Russell, Amber Davidson and Brian Jackson submitting a
proposal to save Bowmanville Nursery School, providing suggestions
on how to help the Nursery School continue to be a strong influence
in the lives of the children they teach and the community at large,
enclosing a petition signed by parents, and letters from parents
stating their personal interest in keeping the school open. The
correspondence indicates they are working closely with the Lion’s
Club as well as local media to find solutions to keep the school open
for the future and hoping Council will join in support of this very
important initiative.
(Correspondence referred to staff)
D - 20 Margaret Foster, Secretary, Cobourg Highland Games, requesting
approval to place 18” x 24” lawn signs in various public locations in
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Clarington to promote the 45 Annual Cobourg Highland Games to
be held on Saturday, June 28, 2008.
Resolution #C-295-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence D - 20 from Margaret Foster, Secretary, Cobourg
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Highland Games with respect to the 45 Annual Cobourg Highland Games be
received for information.
“CARRIED”
D - 21 Joan Winter, Chairman, Communities helping Communities,
requesting Council’s assistance in locating a facility in Bowmanville
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to host a fundraising event in support of the victims of the April 29
fire in downtown Bowmanville and for the waiver of all fees
associated with this event.
Council Meeting Minutes - 21 - May 26, 2008
Resolution #C-296-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence D - 21 from Joan Winter, Chairman, Communities
helping Communities with respect to hosting a fundraising event in support of
the victims of Bowmanville Fire be referred to the Director of Community
Services; and
THAT Ms. Winter be advised of the Municipal Grant Process.
“CARRIED”
D - 22 Emil Kolb, Regional Chair and Chief Executive Officer, Regional
Municipality of Peel, writing to the Honourable Dalton McGuinty,
Premier of Ontario, advising that on April 17, 2008, the Region of
Peel passed the following resolution pertaining to Hospital Funding in
Peel and Other High Growth Regions – Improving Local Access to
Hospitals and Health Care Services:
“WHEREAS the high growth communities in Ontario grow at more
than twice the rate of the provincial population growth rate, adding
more than 100,000 new residents each and every year;
AND WHEREAS, these regions are also aging at twice the provincial
rate;
AND WHEREAS, population growth in these regions will further
intensify due to Ontario’s 30-year growth plan, Places to Grow;
AND WHEREAS, as of 2008/09 Ontarians residing in the Local
Health Integration Networks (LHINs) representing high growth
communities are receiving $258 less per resident for local hospital
services when compared to the average Ontarian, which translates
into a $1.4 billion annual operating funding gap for local hospital
services – and these provincial funding inequities are also worsening
each year;
AND WHEREAS, Ontarians living in the GTA/905 are receiving $218
less per resident for provincially funded local social services when
compared to the average Ontarian, which translates into a $708
million annual operating funding gap for local provincially funded
social services – and these provincial funding inequities also
worsening each year;
Council Meeting Minutes - 22 - May 26, 2008
AND WHEREAS, the Government of Ontario has acknowledged the
growing funding gaps for hospital services in high growth
communities by committing during the 2007 provincial election to
provide $100 million in additional annual operating funding to high
growth hospitals;
AND WHEREAS, the promise of $30 million in growth funding for
2008/09 still means that the funding gap continues to widen;
AND WHEREAS, the Government of Ontario has announced that it
has been developing since 2006 and will implement a new Health
Based Allocation Model (HBAM) to allocate new health care
resources to Local Health Integration Networks based on patient
care needs in a way that will address health care funding inequities
in Ontario;
THEREFORE BE IT RESOLVED, that in order to improve timely and
local access to hospital care in Peel Region, across high growth
communities in Ontario, the Region of Peel requests:
a) That the Government of Ontario speed up implementation of its
hospital growth funding commitment and provide adequate and
ongoing social services growth funding;
b) That the Ministry of Health and Long-Term Care quickly
implement “Health Based Allocation Model” (HBAM) i.e.,
population-needs-based-funding for provincial health care
funding and develop a population-needs-based-funding formula
for social services; and
c) That the Government of Ontario develop a health care and social
services growth plan for Ontario to complement Places to Grow.
AND FURTHER, that a copy of this resolution be forwarded to the
Premier of Ontario, the Minister of Health and Long-Term Care, the
Minister of Finance, the Peel area MPPs, high growth communities
Mayors and Chairs, the Mississauga Halton Local Health Integration
Network (LHIN) and the Central West Local Health Integration
Network (LHIN).”
Council Meeting Minutes - 23 - May 26, 2008
Resolution #C-297-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the resolution from the Region of Peel with respect to hospital funding in
Peel and other high growth Regions – improving local access to hospitals and
health care services be endorsed.
“CARRIED”
D - 23 The Corporation of the Municipality of Brockton advising Council that
on April 14, 2008, the Municipality of Brockton passed the following
resolution pertaining to Rules for Consultations between Mining
Companies and First Nations:
“WHEREAS six band councillors from Kitchenuhmaykoosib Inniuwug
(KI) or Big Trout Lake have been imprisoned for defending their
community from the operations of a mining exploration company;
and
WHEREAS the Chiefs of Ontario are seeking public support for the
KI 6;
BE IT RESOLVED that the Municipality of Brockton write to
Aboriginal Affairs Minister Michael Bryant to ask that new rules be
developed for consultations between mining companies and First
Nations; and
THAT the Federal and Provincial governments clarify the Native land
rights in the constitution;
AND FURTHER that this motion be circulated to AMO.”
Resolution #C-298-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolution from the Corporation of the Municipality of Brockton with
respect to rules for consultations between mining companies and First Nations
be received for information.
“CARRIED”
Council Meeting Minutes - 24 - May 26, 2008
D - 24 Jim Richards responding to Council’s decision of April 21, 2008,
banning himself and Mr. Barry Bracken from speaking at GPA and
Council, formally requesting that the Municipal Solicitor review the
Canadian Charter of Rights and Freedoms, specifically Schedule B,
Part 1, Section 2 (b) and other relevant sections, and further
requesting that Council rescind any motions violating the Charter and
provide a public and written apology to Mr. Bracken and himself for
taking away the rights and freedoms enjoyed by all Canadians.
Resolution #C-299-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D – 24 from Jim Richards with respect to the
Canadian Charter of Rights and Freedoms be received for information.
“CARRIED”
D - 25 Jim Richards requesting a written and public apology for being
ejected from the Municipal Administrative Centre on May 5, 2008,
due to an oversight by staff to properly inform hired security of
procedures as he feels his rights and freedoms were violated; and
that it was unjust that the Mayor chose only to single him out as
th
disrupting protocol during the May 5 Council meeting as several
others in the gallery also audibly expressed their frustration when it
was suggested that the meeting be recessed at 11:00 p.m.
Resolution #C-300-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT a letter of apology be sent to Jim Richards with respect to his eviction
from the Municipal Administrative Centre on May 5, 2008.
“CARRIED”
D - 26 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax writing to The Right Honourable Stephen Harper and the
Honourable Tony Clement advising that on April 28, 2008, the Town
of Ajax passed the following resolution pertaining to a ban to prohibit
the commercial advertising of food and beverages to children less
than thirteen years of age:
“WHEREAS Statistics Canada estimates that one third of children
between two and eleven years of age are overweight and that about
half of these children are considered obese; and
Council Meeting Minutes - 25 - May 26, 2008
WHEREAS poor diet during childhood has been linked to chronic
diseases in adulthood; and
WHEREAS food and beverage advertising primarily promotes
nutrient poor and calorie dense foods; and
WHEREAS in the US, for every public service announcement
promoting physical activity young children see 27 television food ads;
and
WHEREAS this generation of children are exposed to a much
greater frequency and intensity of marketing messages to influence
their dietary choices; and
WHEREAS US food companies spend about $12 billion annually
marketing to children and youth; and
WHEREAS for example, Quebec, Sweden and Norway prohibit
commercial advertising to children;
WHEREAS the United Kingdom has banned ads for foods high in fat,
sugar and salt associated with television programs that appeal to
children under 16 years of age; and
WHEREAS a survey of GTA children found that 68 percent of
children played “advergames” on company websites; and
WHEREAS food and beverage advertising in Canada is self-
regulated by industry through Advertising Standards Canada; and
WHEREAS self-regulation has substantial shortcomings with respect
to advertising code content, enforcement and penalties as regards
the public health concerns related to children’s and youth marketing;
and
WHEREAS the Canadian government recognizes the importance of
tackling Canada’s children and youth obesity epidemic by, for
example, the Canadian government implementing the Public Health
Agency of Canada’s Healthy Living, SummerActive and WinterActive
strategies; and
WHEREAS the Ontario government also recognizes the importance
of tackling this epidemic by, for example, implementing the Ontario
Ministry of Health Promotion’s Active 2020 and Healthy Eating and
Active Living strategies and sponsoring Bill 8, the Healthy Food for
Healthy Schools Act, 2008; and
Council Meeting Minutes - 26 - May 26, 2008
WHEREAS the Toronto Board of Health has passed a resolution
urging Health Canada, Industry Canada and the Ontario Ministry of
Government and Consumer Services to prohibit all commercial
advertising of food and beverages to children under thirteen years of
age;
NOW THEREFORE BE IT RESOLVED that the Town of Ajax urges
the Government of Canada and the Government of Ontario to
prohibit all commercial advertising of food and beverages to children
less than thirteen years of age; and
BE IT FURTHER RESOLVED that the Prime Minister of Canada,
Ministers of Health Canada and Industry Canada, Regional
Municipality of Durham, Durham’s MPs, Chief Public Health Officer
of Canada, Premier of Ontario, Ministers of Children and Youth
Services, Government and Consumer Services, Health and Long-
Term Care, and Health Promotion, Durham’s MPPs and
municipalities, Acting Chief Medical Officer of Health, alPHa, OPHA,
Advertising Standards Canada, school board associations, teachers
federations, and all Ontario Boards of Health are so advised.”
Resolution #C-301-08
Moved by Councillor Novak, seconded by Councillor Woo
THAT the resolution from the Town of Ajax with respect to a ban to prohibit
commercial advertising of food and beverages to children under thirteen years
of age be endorsed ‘in principle’.
“CARRIED”
D - 27 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable John Gerretsen, Minister of the Environment, advising
that on May 7, 2008, Regional Council passed the following
resolution pertaining to oversized 15-litre polyethylene-terephtalate
(PET) water jugs:
“a) THAT, further to the recommendations contained in Report No.
2006-WR-15 of the Commissioner of Works, which were
approved by Works Committee on June 28, 2006, and Regional
Council on July 5, 2006, and based on the understanding that in
June 2007 then Honourable Minister Broten wrote to the brand
owners and retailers of grocery packaging to urge further action
on 15 litre, non-refillable PET water bottles:
Council Meeting Minutes - 27 - May 26, 2008
i) The Regional Municipality of Durham strongly supports this
initiative by the former Minister of the Environment, due to the
concern that nearly one year later the non-refillable bottle
continues to grow in market share and cause resulting stress
on our Blue Box recycling collection, processing and
marketing system;
ii) The Regional Municipality of Durham strongly supports the
position that the brand owners of these 15 litre (or
comparable size) bottles should either pay 100% of the
incremental municipal capital and operating costs to manage
the bottles, or they should be required to be under a
mandatory deposit return system;
iii) The Regional Municipality of Durham strongly requests
immediate action on this issue before brand owners currently
using deposit return containers make irreversible decisions
that would result in a further market shift to one-way 15 litre
containers, as this will result in an increasingly difficult burden
on Municipal waste management systems;
b) THAT the Honourable John Gerretsen, Minister of the
Environment, be so advised; and
c) THAT a copy of this resolution be forwarded to the Association of
Municipalities of Ontario, Waste Diversion Ontario, and the local
Area Municipalities.”
Resolution #C-302-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the Region of Durham with respect to oversized 15-
litre polyethylene-terephtalate (PET) water jugs be endorsed.
“CARRIED”
D - 28 Pam Gilroy, Regional Clerk, Regional Municipality of Niagara,
advising Council that on May 1, 2008, the Regional Municipality of
Niagara passed the following resolution pertaining to AMO/AMRC
Alternative Approach to Blue Box Funding Model:
“THAT Report AMO/AMRC Alternative Approach to Blue Box
Funding Model, April 15, 2008 be received for information;
Council Meeting Minutes - 28 - May 26, 2008
THAT this Committee recommend to Planning and Public Works
Committee:
THAT Council support the AMO/AMRC’s Discussion Paper for
an Alternative approach to Ontario’s Blue Box Funding Mode;
and
THAT Council’s resolution be circulated to the Association of
Municipalities of Ontario.”
Resolution #C-303-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Regional Municipality of Niagara with respect to
AMO/AMRC alternative approach to blue box funding model be endorsed.
“CARRIED”
D - 29 Michelle Sugg, advising that she lives in close proximity to the CP
Rail tracks and expressing concern that the quiet enjoyment of her
backyard is disturbed by the train whistle, especially in the summer
months; acknowledging that the matter was addressed several years
ago she believes prior to the installation of flashing lights, bells and
gates which could be deemed safe enough to eliminate the horn
blowing; and requesting assistance from the Municipality to request
that the issue of the elimination of train whistling be revisited.
Resolution #C-304-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 29 from Michelle Sugg regarding train
whistling be received for information; and
THAT Ms. Sugg be provided with a copy of Report WD-33-01 which addresses
this matter.
“CARRIED”
D - 30 Sybil Fernandes, Deputy City Clerk, City of Vaughan, advising
Council that on May 12, 2008, the City of Vaughan passed the
following resolution pertaining to Licencing Review:
Council Meeting Minutes - 29 - May 26, 2008
“WHEREAS the City of Vaughan, by means of its Licensing By-law,
regulates those persons (hereinafter ‘second-hand dealers’) who are
in the business of purchasing used goods for subsequent re-sale;
and
WHEREAS the Licensing By-law (like those of most other
municipalities) requires second-hand dealers to record personal
information of individuals who sell them used goods, including the full
name, sex, date of birth, address, height and weight of the individual;
and
WHEREAS to obtain this information the second-hand dealer is
required to view pieces of identification such as a driver’s license or
passport; and
WHEREAS the Ontario Court of Appeals has recently ruled that the
collection of personal information in relation to second-hand goods
businesses conflicts with section 28(2) of the Municipal Freedom of
Information and Protection of Privacy Act; and
WHEREAS the collection and availability of such information to the
police is critical to the identification of those who acquire such goods
by means of theft, robbery, or other criminal activity and who then
dispose of them by sale to second-hand dealers.
NOW THEREFORE, the Council of the City of Vaughan requests:
THAT the Attorney General of Ontario take appropriate steps to
amend the Municipal Freedom of Information and Protection of
Privacy Act, to ensure that what is essentially a “crime control”
measure that is both reasonable and justified in a free and
democratic society is not lost; and
THAT a copy of this resolution be sent to the Attorney General of
Ontario, the Premier of Ontario, the Members of the Provincial
Parliament from the Greater Toronto Area, and the Clerks of all
municipalities within the Greater Toronto Area.”
Council Meeting Minutes - 30 - May 26, 2008
Resolution #C-305-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the City of Vaughan with respect to a licensing
review be endorsed.
“CARRIED”
D - 31 Martin de Rond, Director of Legislative Services/Town Clerk writing
to Ms. Barbara Hall, Chief Commissioner, Ontario Human Rights
Commission advising that on May 12, 2008 the Council of the Town
of Ajax passed the following resolution pertaining to the Rouge
Valley Health System – Announced Closure of Mental Health
Services at Ajax Pickering Hospital:
“THAT the Ontario Human Rights Commission consider conducting a
public inquiry or review into the decision announced by the Rouge
Valley Health System to close the 20 bed Inpatient Mental Health
Service at the Ajax Pickering Hospital, which serves persons with
mental disorders in West Durham, and to move those services to the
Centenary Health Centre in Scarborough Toronto; and
THAT all Durham Region municipalities be requested to endorse this
resolution; and
THAT a copy of this resolution be forwarded to the Chief
Commissioner of the Ontario Human Rights Commission, local MP’s
and MPP’s, the Rouge Valley Health System, the Central East LHIN
and the friends of the Ajax-Pickering Hospital.”
Resolution #C-306-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the resolution from the Town of Ajax with respect to the Rouge Valley
Health System announced closure of mental health services at Ajax Pickering
Hospital be endorsed.
“CARRIED”
Council Meeting Minutes - 31 - May 26, 2008
D - 32 P. M. Madill, Regional Clerk, Regional Municipality of Durham
advising Council that on May 7, 2008, the Region of Durham
considered correspondence from Cynthia Morton, Deputy Minister,
Ministry of Health Promotion wherein she advises that the Province
has been working with other interested communities and the
Canadian Olympic Committee to explore the viability of a bid for the
2015 Pan American Games. The Province has informed the
Canadian Olympic Committee that they are prepared to lead the
completion of a business case to assess the viability of hosting the
event. This bid will require support from all levels of government. In
consideration of this matter, Regional Council passed the following
resolution:
“THAT Council Correspondence CC 208 be referred to local
municipalities for their input.”
Resolution #C-307-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the business case with respect to the PAN AM Games be endorsed ‘in
principle’, provided no financial commitment is made at this time.
“CARRIED”
D - 33 Louis Bertrand, objecting to the manner in which the host community
agreement for the Proposed Energy-From-Waste Facility was
reviewed and conditionally approved on May 21, 2008 as there was
little public input, the discussions were in camera and the substance
of the agreement has not been made public. Mr. Bertrand requests
Council to direct staff to publish the draft agreement both in the
original form and with the redline revisions and to hold a series of
well publicized, conveniently timed and located public review
sessions on the host community agreement at the earliest
opportunity.
Resolution #C-308-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D - 33 from Louis Bertrand with respect to the
Host Community Agreement be received for information.
“CARRIED”
Council Meeting Minutes - 32 - May 26, 2008
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report May 12, 2008
Resolution #C-309-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 12, 2008, be
approved, with the exception of Item #5.
“CARRIED”
Item # 5
Resolution #C-310-08
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS the Council of the Municipality of Clarington has endorsed the installation
of traffic signals at the intersection of Mill Street and Edward Street in Newcastle
Village;
AND WHEREAS the Council of the Municipality of Clarington is required to confirm
the Municipality’s intent to cost share on the installation of these traffic signals in
accordance with the Regional Consolidated Policy on the Installation and Funding of
Traffic Control Signals;
NOW THEREFORE BE IT RESOLVED THAT Report EGD-025-08 be received for
information;
THAT Staff be directed to proceed with traffic signals to be installed at the intersection of
Mill Street and Edward Street in Newcastle at an estimated capital cost to Clarington of
$72,057:
THAT the Mayor and Clerk be authorized to enter into a cost sharing agreement with the
Region of Durham pursuant to its “Consolidated Policy on the Installation and Funding of
Traffic Control Signals – 2007”;
THAT the funds required for the annual maintenance and operating costs of
approximately $5,000 per year until such time as the minimum warrant criteria for traffic
control signals are satisfied be incorporated into the 2009 and future operating budgets;
Council Meeting Minutes - 33 - May 26, 2008
THAT the capital costs be financed from the remaining 2008 Federal Gas Tax proceeds;
and
THAT the Region of Durham be advised of Council’s decision.
“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
STAFF REPORTS
There were no staff reports considered under this section of the Agenda.
BUSINESS ARISING FROM NOTICE OF MOTION
UNFINISHED BUSINESS
Resolution #C-311-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the 2008 Clarington Junior “Battle of the Books” Competition Winning Team
Members from Lydia Trull Public School be congratulated on their success in the 2008
“Battle of the Books” Competition; and
THAT Carol Roozenboom be thanked for her efforts in coaching the team.
“CARRIED”
Resolution #C-312-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the presentation of Glenda Gies, Candice Kay, Michael Smith and Ruben Plaza
– St. Marys Cement Community Relations Committee – 2007 Results be received with
thanks; and
Council Meeting Minutes - 34 - May 26, 2008
THAT the Community Relations Committee continue to meet on a quarterly basis and
provide an Annual Report to Council.
“CARRIED”
Resolution #C-313-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentation of Karen Fedato, Clarington Board of Trade with respect to
Physician Recruitment be received with thanks; and
THAT Council express appreciation to the Board of Trade for their efforts in this
regard.
“CARRIED”
Resolution #C-314-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Kerry Meydam be received with thanks.
“CARRIED”
Resolution #C-315-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegations of Linda Gasser be received with thanks.
“CARRIED”
Resolution #C-316-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the delegation of Aiden Tombs and Emily Manns be received with thanks.
“MOTION WITHDRAWN”
Council Meeting Minutes - 35 - May 26, 2008
Resolution #C-317-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the delegation of Aiden Tombs and Emily Manns with respect to the Chair of
the Green Community Advisory Committee be received with thanks; and
THAT the delegation of Aiden Tombs and Emily Manns with respect to a proposed
anti-idling by-law be referred to staff.
“CARRIED”
Resolution #C-318-08
Moved by Councillor Novak, seconded by Councillor Trim
THAT the delegation of Aiden Tombs and Emily Manns with respect to the procedural
by-law be received for information.
“CARRIED”
Resolution #C-319-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the delegation of Angela Russell and Amber Davidson be referred to staff.
“CARRIED”
Resolution #C-320-08
Moved by Councillor Foster, seconded by Robinson
THAT the delegation of Louis Bertrand be received with thanks.
“CARRIED”
Resolution #C-321-08
Moved by Councillor Woo, seconded by Robinson
THAT the delegation of Linda Gasser be received with thanks.
“CARRIED”
Council Meeting Minutes - 36 - May 26, 2008
BY-LAWS
Resolution #C-322-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-090 to 2008-093, inclusive:
2008-090 Being a By-law to authorize entering into an Agreement with the
Owners of Draft Plan of Subdivision 18T-89059, any Mortgagee
who has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of 18T-89059 (Lindvest
Properties (Clarington) Limited (Formerly Foster Creek
Developments) North-West Quadrant Newcastle Village
2008-091 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (CCCC Durham West Ltd.) (Between Mill Street and
Toronto Street, Newcastle)
2008-092 Being a By-law to authorize entering into an Agreement with the
Owners of Plan of Subdivision S-C-2007-0005 any Mortgagee who
has an interest in the said Lands, and the Corporation of the
Municipality of Clarington in respect of S-C-2007-0005
2008-093 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Corporation of the
Municipality of Clarington [Kirk Kemp, Douglas Kemp, Helen
Kemp, Robert Carruthers and Patsy Carruthers (Northglen East)];
and
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 Trim suggested that staff initiate the 2009 budget process and that Council
provide direction regarding the 2009 budget details prior to the Summer recess.
Council Meeting Minutes
- 37 -
May 26, 2008
Mayor Abernethy announced that at 4:00 p.m. today he called a special meeting of
Council for Tuesday, May 27 at 4:30 p.m. to review a verbal report of the Chief
Administrative Officer regarding the Host Community Agreement negotiations.
In response to questions regarding the Host Community Agreement, the Chief
Administrative Officer stated he was only provided with a copy of the agreement at
4:00 p.m. today and has not had a chance to review it and that it will require his
explanation to interpret. The Chief Administrative Officer stated he will require the
entire day tomorrow to digest the information. The Chief Administrative Officer was
requested to provide all Members of Council with a copy of the document following
tonight's Council meeting.
CONFIRMING BY-LAW
Resolution #C-323-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-094, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 12th day of May, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-324-08
Moved by Councillor Robinson, seconded by Councillor Trim
~5pm
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