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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: ? Opening of the Ontario Power Generation Community Kiosk in the Bowmanville Mall ? Tour of the Bowmanville Senior Public School with the Clarington Heritage Committee ? Tour of Regional Operations Facility and Material Recovery Facility Recycling Centre ? Dinner and Auction in Support of Bethesda House ? Sea Cadets Annual Review Council Meeting Minutes - 2 - May 26, 2008 Councillor Hooper advised of the following: th ? The 6 Annual Alfie Schrub Fun Run in support of the Clarington Museum – June 1, 2008 ? Clarington Older Adult Association will be hosting Volunteer Appreciation Evening on May 28, 2008 ? Trooper Darryl Caswell Dedication at the Cenotaph on May 29, 2008 ? “Support Our Troops” Rally on May 29, 2008 th ? Bowmanville 150 Anniversary Committee are moving forward with a number of events ? 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: ? June 1, 2008 is the Purina Walk for Guide Dogs Event starting at Holy Trinity Catholic Secondary School ? The Lions Club will host a Newfie Dance on June 14, 2008, at the Garnet B. Rickard Complex ? 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: ? The Wall to Wall Fundraiser in support of the Visual Arts Centre of Clarington will be held on May 30, 2008 ? The Annual Fruit, Wine and Food Festival will be held on May 31, 2008, in support of Big Brothers and Big Sisters ? “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 ? 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, th 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 th 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 st 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 th permission to host the 6 Annual Alfie Shrubb 8K Classic road race on Sunday, June 1, 2008. The correspondence indicates that Alfie th 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 th 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 th 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 th 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 D4ii1 ~