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HomeMy WebLinkAbout06/09/2008 Council Meeting Minutes JUNE 9,2008 Minutes of a regular meeting of Council held on June 9,2008, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn Director of Engineering Services, T. Cannella Recreation Services Manager, S. Meredith Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of FinancelTreasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Later in the meeting Councillor Novak indicated a pecuniary interest with respect to Correspondence Item D - 7. ANNOUNCEMENTS Councillor Foster announced the following: . Courtice Lions Club will be hosting a Newfie Dance at the Garnet B. Rickard Complex on June 14, 2008. . Courtice Rotary Club will be hosting Paul Harris Fellow Awards Night at the Hilltop Restaurant on June 24, 2008. . Ontario Power Generation will be holding a Biodiversity Conference. Those interested are asked to contact Councillor Foster for further details. . CAW Local 222 will be holding a march at noon on June 12, 2008 in response to the recent General Motors Announcement on the closure of the Truck Plant. Council Meeting Minutes - 2 - JUNE 9, 2008 . Veridian Annual Shareholders' Meeting is scheduled for June 19, 2008. . Hydro One will be holding a Public Information Centre on June 12, 2008 at the Solina Community Hall between 4 p.m. and 8:00 p.m. relating to the transformer station that will be sited in the area. Councillor Hooper announced the following: . He brought greetings from the Municipality to Ray Ashton, Musical Director, Enniskillen United Church, in celebration of his recent retirement. . He briefly visited one of the Bed and Breakfast establishments during the Clarington Country Bed and Breakfasts Open House and Tour on the weekend. . Concerts in the Park 2008 Series start this Thursday with a performance by the Lincolnaires. Councillor Novak announced the following: . She attended the Valleylands Event with Reverend Lockhart. . She attended the Orono Rodeo Kick-off on Friday night. . Clarington Official Plan Review Open Houses will be held on June 1 ih in Newtonville, June 16th in Orono, June 1ih in Newcastle, June 25th in Solina and June 26th at the Garnet B. Rickard Recreation Complex. Councillor Robinson announced the following: . The Annual Terry Fox Run will be held on September 14, 2008. Councillor Robinson issued a formal challenge to all departments. . The Union Rod and Gun Club celebrated their 70th Anniversary on Sunday. . A second book on the Newtonville Community will be available at the Concerts in the Park for $10 with a portion of the proceeds going to support the local town hall in Newtonville. . Concerts in the Park in Newcastle starts on June 26, 2008 and Concerts in the Park in Orono will be starting soon at the Library Grounds. Councillor Woo announced the following: . Last Saturday Lieutenant-General Walter Natynczyk was in Clarington attending the "Support our Troops" Rally and has now been appointed to the position of Chief of Defence Staff replacing General Rick Hillier. Councillor Woo indicated that since then, Canada has lost two more soldiers and expressed condolences to their families. . On Saturday he attended the Third Annual 176 Squadron Air Cadet Review and on Tuesday he will be attending the 176th Annual Mess Dinner and Awards Ceremony. . The Canadian Cancer Society's "Relay for Life" will be held on June 20,2008 at the Clarington Central School. Council Meeting Minutes - 3 - JUNE 9, 2008 Mayor Abernethy announced the following: . Lieutenant-Governor David Onley has accepted an invitation to attend the "Cornz- A-Poppin" Gala Event for Bowmanville's 150th Sesquicentennial Celebration on Saturday, June 28, 2008. . The Municipal Waste Integration Network will be holding their Annual Meeting and Conference - "Zero Waste .... Achieving the Possible", in Niagara Falls on June 10 to 12, 2008. . The announcement of New Nuclear Build is expected next week and Clarington's position looks strong. MINUTES Resolution #C-330-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a special meeting of Council held on May 21,2008, minutes of a regular meeting of Council held on May 26,2008 and the minutes of a special meeting of Council held on May 27,2008, be approved. "CARRIED" PRESENTATIONS Maureen Carter-Whitney, Research Director, Canadian Institute for Environmental Law and Policy (CIELAP), addressed Council concerning "Incineration: The Burning Debate and the Need for a Comprehensive Waste Management Policy in Ontario". A copy of Ms. Carter-Whitney's report "Ontario's Waste Management Challenge - Is Incineration an Option?" is available on the CIELAP's website. Through use of a PowerPoint presentation, Ms. Carter-Whitney provided an overview of CIELAP, a history of the incineration debate, an overview of incineration technologies, current regulatory regimes, incineration in the broader context of waste management policy, and the European experience. Ms. Carter-Whitney also highlighted eleven specific recommendations. Ms. Carter-Whitney stated new incineration technology is being considered as it provides an opportunity to produce energy; however, despite advances in technology the health impacts are the same, as dioxins are produced. Ms. Carter-Whitney stated a 2005 health study from Britain found increased cases of cancer and birth defects in populations around centres where incinerators were located. She advised chemicals are changing and it is important to look at the question of incineration within the context of Ontario's regulatory regime. Ms. Carter-Whitney stated it appears that the Government is trying to find solutions to waste problems without a strong policy foundation and has pursued initiatives in relation to waste management. She noted that until recently the only program was blue box recycling noting a program for Council Meeting Minutes - 4 - JUNE 9, 2008 hazardous household waste has been developed but has yet to be implemented and that a program for the disposal of electronic equipment is being investigated. Ms. Carter-Whitney stated in 2004, a discussion paper on how to achieve a 60% waste diversion goal was released creating public interest. She advised that not much attention has been paid to lifecycle analysis and there is a need to examine the production to disposal phase and that this has not been done at the Provincial level. Ms. Carter-Whitney acknowledged that Europe is often mentioned in discussions on EFW and cautioned that it is important to keep in mind the European Union operates within a very different context. They have a policy framework that is more responsible. Their waste hierarchy involves: preventing waste in the first place, recycle, and then incineration/landfill. She noted Sweden is also cited and operates within a comprehensive framework and waste hierarchy. Ms. Carter-Whitney advised of the importance of looking at technologies from a policy perspective in view of what is the landfill requirement for ash, what are the capital and operating costs, what are the most appropriate methods used to identify environment and health effects. She stated there is a great need for independent, fair and impartial assessment of risks and technologies (funded by the Province) and an urgent need for a strong and comprehensive waste management policy in Ontario. Ms. Carter-Whitney summarized a series of recommendations the Province should undertake in the establishment of a strong and comprehensive waste management strategy and regulatory framework. Bob M. Kenney, Solid Waste Resource Analyst, Nova Scotia Environment, addressed Council concerning Nova Scotia's Solid Waste Model. Through use of a PowerPoint presentation "Nova Scotia - Too Good To Waste", Mr. Kenney provided an overview of the history of waste management in Nova Scotia, its current status and future goals. Mr. Kenney reviewed four main goals of the Solid Waste-Resource Management Strategy which included a 50% reduction in waste by 2000 which has been achieved, increased disposal standards, Regional cooperation and economic opportunities which have translated into more jobs and a more sustainable economy. Mr. Kenney highlighted the implementation of disposal bans making it illegal to throwaway beverage containers, corrugated cardboard, newsprint, steel/tin food containers, glass food containers, most HDPE and some LDPE plastics, used tires, waste paint, auto batteries and ethylene glycol, compostable organic materials (leaf and yard waste and food waste), and electronic equipment. He reviewed Product Stewardship Programs which provide incentives to recycling various banned products. Mr. Kenney noted that 340,000 tonnes of waste is diverted in Nova Scotia per year and that a new disposal/diversion goal has been set at 300 kg per person per year which will be accomplished through stewardship programs, research and design and best management practices. There is a financial incentive through the Resource Recovery Fund Board for municipalities to divert. Residents pay deposits on beverage containers and receive 50% back upon return. The remaining 50% is divided among the municipalities based on their diversion rates. Nova Scotia has realized a 35-40% improvement since the introduction of the clear bag program. In summary, Mr. Kenney stated there is still significant opportunity to add value to wasted resources and in many ways they are just beginning to tap into the waste diversion potential. Council Meeting Minutes - 5 - JUNE 9, 2008 Resolution #C-331-08 Moved by Councillor Woo, seconded by Councillor Foster THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:25 p.m. DELEGATIONS Linda Gasser addressed Council concerning Item 21 of Report # 1 - Host Community Agreement to bring an update of what has occurred following the May 28, 2008, Regional Council Meeting. Ms. Gasser stated on May 21,2008, a motion to ensure that there would be a financial commitment to human health and environmental monitoring before and during facility operations in the business case for the proposed Energy-From-Waste facility was referred to the Joint Waste Management Group (JWMG). She expressed concern that Site Specific Human Health and Ecological Risk Assessment is not undertaking human health studies, as risk assessments are estimates of impacts to human health based on certain assumptions and can be very poor predictors of actual human health and environmental impacts. Ms. Gasser indicated that Regional Councillors and Mayor Abernethy have repeatedly indicated that they won't approve anything that isn't safe, yet Mayor Abernethy and Councillor Trim supported the referral to JWMG instead of approving the motion. Ms. Gasser urged Local Councillors to negotiate to ensure Regional commitments to undertake comprehensive human health and environmental monitoring and full life cycle monitoring are developed. Ms. Gasser advised that she has heard rumours that Clarington is considering accepting bottom ash and urged Council to pass resolutions to ensure that the commitment not to accept bottom ash is not traded away during the Host Community Agreement negotiations or any other process. Louis Bertrand addressed Council concerning tonight's presentations on Waste Management Options. Mr. Bertrand conducted a PowerPoint presentation highlighting "Waste Management and Climate Change: Stop Trashing the Climate". Mr. Bertrand stated he would like to introduce a report that links the waste management process to global warming, noting a zero waste approach is one of the fastest, cheapest and most effective strategies to protect the climate. Mr. Bertrand feels there is a need to take decisive action locally to have a global impact and for the Municipality to maintain its "unwilling host" stance regardless of the outcome of the Host Community Agreement. Mr. Bertrand stated delaying a decision on the incinerator will buy time to work on a Zero Waste strategy and suggested the "Stop Trashing the Climate" Report be reviewed as it provides evidence and guidance for public policy. The report is available at www.StopTrashinqTheClimate.orq. Council Meeting Minutes - 6 - JUNE 9, 2008 Wendy Bracken addressed Council concerning Item 21 of Report #1 - Host Community Agreement expressing concern that the Business Case was endorsed despite major errors and omissions which were not addressed or corrected. She stated there were serious problems with present value analysis noting the Region assumes the diversion rate of 60% not getting to 70% until 2020. Ms. Bracken indicated that one major omission is the failure of Regional Council not to include funding for ongoing monitoring and best practices. Ms. Bracken stated the public have consistently declared that health and environmental concerns are paramount, but Council did not include a line item for baseline testing and ongoing health and environmental monitoring. Ms. Bracken feels that this should have been included in the Business Case as it would have sent a strong message to vendors that the Region is serious about protecting public health and the environment. Ms. Bracken stated this type of monitoring is necessary and that the Site Specific Risk Assessment will not provide the complete picture. She expressed concern that Mayor Abernethy and Councillor Trim did not support Regional Councillor Jordan's motion as their votes could have made a difference. Ms. Bracken urged Council to ensure that best practices for monitoring are included in the agreement and that Council maintains the Community's "unwilling host" status regardless of the host community agreement. Councillor Robinson advised that Krista and Corey Barr would not be addressing Council as their questions have been answered through staff. Hannu Halminen, Halminen Urban Communities advised his questions had been answered by staff during the recess, and he would therefore not be addressing Council. John Vandentweel addressed Council concerning Item 16 of Report #1 - Tender CL2008-5, Mechanical Equipment Maintenance Contract - HVAC Services requesting that Council ensure that the company that is awarded the tender has a valid TSSA certificate of authorization as he noted there were a number of companies who submitted bids who were not listed on the TSSA website. COMMUNICATIONS Resolution #C-332-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 4, I - 12, and I - 19. "CARRIED" I - 1 Minutes of the Port Granby Discussion Group dated September 19, 2007 and March 27, 2008. Council Meeting Minutes - 7 - JUNE 9, 2008 I - 2 Minutes of the Central Lake Ontario Conservation Authority dated May 21,2008. I - 3 Minutes of the Ganaraska Region Conservation Authority dated April 17 and May 15, 2008. 1-5 Minutes of the Living Green Community Advisory Committee dated February 26, April 22 and May 27,2008. I - 6 Correspondence has been received from individuals listed below in opposition to the proposed Energy-From-Waste facility. (Copies of all correspondence are on file in the Municipal Clerk's Department). a) Norm and Donna Cooper b) Nicole O'Sullivan I - 7 Marlene Cashin, Staff Lawyer and Elaine MacDonald, Staff Scientist, Ecojustice, (formerly Sierra Legal Defence Fund), writing to Jim McKay and David Merriman, DurhamlYork Residual Waste Study, advising they have been monitoring the Environmental Assessment with respect to the study and have identified several areas where consultation with the public and transparency may not be in conformity with the approved Terms of Reference; that it appears the consultation has been carried out in a manner that is less than transparent and that concerns raised by the public have been dismissed without adequate consideration; and requesting the study team to immediately review the transparency and openness of the consultations that are being conducted throughout the EA study, make note of the commitments included in the Terms of Reference and take steps to address the deficiencies in the consultation process that have been brought to the attention of the Regions. I - 8 Glenda Rodgers, Project Manager, Trent Conservation Coalition Source Protection Region, forwarding Draft Proposed Terms of Reference outlining the work plan and estimated budgets to develop Source Protection Plans for the Trent Conservation Coalition Source Protection Region. Two documents have been prepared - one for the Trent River watershed and one for the Ganaraska Region Source Protection Area. The Correspondence serves as official notice under Ontario Regulation 287/07 and municipalities and the public are invited to review the Draft documents and to submit comments by Wednesday, June 25, 2008. Council Meeting Minutes - 8 - JUNE 9, 2008 1-9 Wanda Stephen, Acting CAO, Kawartha Conservation, forwarding their 2008 Preliminary Budget which outlines conservation programs, projects and associated funding requirements requested from their six watershed municipalities. I - 10 Natasha Mackesey, extending thanks on behalf of Rogers TV for the donation of a Clarington gift bag to their National Volunteers Week party. I - 11 Cheri Smith, Manager, Resource Development & Special Events, Community Living Oshawa Clarington thanking Mayor Abernethy for attending the Clarington Project's 11 th Annual Gala and for the donation of the golf shirt. The event was a great success raising $10,000 which will assist with the costs of running the activity centre, including supplies and materials and will be put into a building fund, so that one day the Clarington Project will have a home to call their own. I - 13 John Tory, Leader of the Ontario PC Party advising that on May 12, 2008, the McGuinty Government proceeded with Bill 35, The Investing in Ontario Act, despite concerns raised by the Ontario PC Caucus and proposed amendments to ensure that only municipalities be defined as eligible recipients and that all allocations under Bill 35 be dedicated to municipal infrastructure; advising the PC Caucus voted against Bill 35 as they believe provincial funding for municipal infrastructure should be planned and earmarked in the Provincial budget and that Ontario Municipalities need long-term, sustainable funding to address infrastructure challenges; and advising that the Ontario PC Caucus will continue to fight for long-term and sustainable funding to support municipalities. 1-14 John O'Toole, MPP, Durham, advising Council that he has written to The Honourable Dwight Duncan, Minister of Finance in support of Council's resolution of April 7, 2008, concerning a fairer means of property assessment for farmers investing in Alternative Green Energy Sources; suggesting to the Minister that farmers who are willing to innovate and incorporate alternative energy sources is a policy that is good for agriculture and good for the Ontario environment and that the Province should encourage the initiative. Council Meeting Minutes - 9 - JUNE 9, 2008 1-15 John O'Toole, MPP, Durham, forwarding a copy of correspondence from the Honourable Jim Bradley, Minister of Transportation in response to his correspondence regarding the possibility of the CN Bridge over Highway 401 near Waverley Road being transformed into a memorial to members of the Canadian Forces; expressing his disappointment with concerns raised by the Minister and requesting follow-up suggestions on whether the difficulties the Minister has mentioned may be overcome; and advising he would be pleased to work with the municipality and volunteers on ideas for a fitting memorial on the "Highway of Heroes". I - 16 Louise Levert, Commission Operations Officer, Canadian Nuclear Safety Commission forwarding a copy of the Record of Proceedings published on May 9,2008 regarding the application to renew the power reactor operating licence for the Darlington Nuclear Generating Station. I - 17 Debbie Zimmerman, Chair, MPAC Board of Directors forwarding for information a copy of the Municipal Property Assessment Corporation (MPAC) 2007 Annual Report and Financial Statements for the Year Ended December 31,2007. I - 18 Glenda Yeates, President and CEO, Canadian Institute for Health Information (CIHI) forwarding a copy of their report "Improving the Health of Canadians: Mental Health, Delinquency and Criminal Activity", the second report in a series of three "Improving the Health of Canadians" addressing mental health; offering a comprehensive overview from a population health perspective in Canada; and, advising the final report which will focus on positive mental health will be released in February 2009. A presentation of key findings from the Report is available at www.cihi.ca/cphi. I - 20 Alexandra Bennett, Precautionary Principle Canada, expressing appreciation for being advised of the presentations scheduled for June 9, 2008, agreeing that Maureen Carter-Whitney's paper is an excellent framework to understand the current lack of a comprehensive waste management policy in Ontario; suggesting that staff and elected officials need to understand that unless Ontario's waste management policy is based upon EU waste management directives, the emissions for the incinerator will remain much more toxic despite having the best pollution control devices; stating that Ontario can learn from Nova Scotia's waste management policy; and advising that she is focusing her support for the current development of toxic reduction by-laws that are provincial in scope as the best way of ensuring that what will be allowed to exit the stack in Clarington will comply with the best toxic reduction policy. Council Meeting Minutes - 10- JUNE 9, 2008 1-21 D. I. Allingham, P. Eng., President, Totten Sims Hubicki Associates, (TSH) providing responses to the Municipality's detailed comments on the 407 East Environmental Assessment (EA) Alternative Methods Report and Support Documentation (August 2007), together with a letter of clarification indicating that the Municipality's interpretation of the current legislation is accurate with respect to the issuance of building permits for remnant parcels of land with road frontage. I - 4 Minutes of the Clarington Traffic Management Advisory Committee dated April 17, 2008. Resolution #C-333-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Minutes of the Clarington Traffic Management Advisory Committee dated April 17, 2008 be received for information. "CARRIED" I - 12 Eva Ligeti, Executive Director, Clean Air Partnership, recognizing the Municipality for participating in the GTA Clean Air Council (GTA- CAC), an inter-governmental working group dedicated to exploring clean air initiatives and sharing best practices to reduce smog and greenhouse gas emissions with other jurisdictions in the GT A; advising the GT A-CAC Green Procurement Community of Practice consisting of purchasing, environmental, and energy management staff from the GT A-CAC jurisdictions has been convened and meet bimonthly to share research tools and experiences; and, extending appreciation to Clarington for the leadership role the Municipality is taking in its jurisdiction in incorporating energy efficiency and other environmental criteria into purchasing policies and practices. Resolution #C-334-08 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item 1- 12 from Eva Ligeti, Executive Director, Clean Air Partnership, be received for information; and THAT staff be congratulated for the leadership role they are taking in their jurisdiction in incorporating energy efficiency and other environmental criteria into purchasing policies and practices. "CARRIED" Council Meeting Minutes - 11 - JUNE 9, 2008 I - 19 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding copies of CLOCA's 2007 Year In Review Publication. Resolution #C-335-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item 1- 19 from R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding copies of CLOCA's 2007 Year In Review Publication be received with thanks. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-336-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, including Hand-out Items D -11, D - 12 , D - 13 and D - 14 with the exception of Items D - 4 to D - 14, inclusive. "CARRIED" D - 1 John Stephenson expressing concern with the design of the Northglen West Residential Development Plan as he feels the development does not meet the requirements for future developments as recommended by the National Round-table on the Environment and Energy (NRTEE) Report; outlining perceived shortcomings in the development; advising he feels that the proposal shows no innovative or original ideas that will be applicable to lifestyles in the next ten years and recommending that the proposal be redesigned to incorporate features necessary for a low energy lifestyle; expressing concern that the NRTEE Report "Advice on a Long Term Strategy on Energy and Climate Change" is out of date as it underestimates the significance of global warming as a threat to the future of Earth's biodiversity; and, recommending staff provide an estimate of the effects of fuel shortages and high prices, in conjunction with an economic depression, on the economy of the Municipality and the assessment be incorporated into the Official Plan for the next two to five years. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 12 - JUNE 9, 2008 D - 2 The Honourable Michael Chan, Minister, Ministry of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at http://www.citizenship.qov.on.ca/enqlish/honours/ or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 2008. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 3 Lynn Johnston, CAE, President, CSTD, the Canadian Society for Training and Development, a national not-for-profit membership association serving the field of workplace learning and performance, requesting Council to proclaim September 22 to 26,2008 "Learn @ Work Week" to recognize the importance of public support in the promotion of workplace learning and development. (Proclaimed) D - 4 Reverend H. Joseph Lafave, Trinity United Church, advising of his frequent use and enjoyment of the Valleys 2000 area as a wonderful place to walk; acknowledging the suggestion of Reverend Dr. Frank Lockhart that spawned the Valleys 2000 project and of Reverend Lockhart's continued involvement and countless hours spent to make the project a complete and total success; and recommending that the paved path through the Valleys 2000 be named, along with proper signage at each entrance, in thanks and honour of Rev. Lockhart's dedication and commitment to the Valleys 2000 project as "Lockhart Trail". Resolution #C-337 -08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Correspondence Item D - 4 from Reverend H. Joseph Lafave, Trinity United Church requesting that the paved path through the Valleys 2000 be named "Lockhart Trail" be referred to the Director of Engineering Services. "CARRIED" Council Meeting Minutes - 13 - JUNE 9, 2008 D - 5 Julie C. Oram, AMCT, Director of Corporate Services/City Clerk, City of Belleville advising Council that on April 14, 2008, the City of Belleville passed the following resolution pertaining to Carbon Taxes: "WHEREAS it is becoming increasingly difficult for municipalities in Ontario to rely solely on increases to property taxes and user rates as the primary sources of financing needed for upgrades to municipal infrastructure; AND WHEREAS the Ontario Government has provided the City of Toronto with opportunities to raise revenues through various means not available to other municipalities in the Province of Ontario; AND WHEREAS there is growing support for the concept of "carbon taxes" as means to address global environmental issues; AND WHEREAS municipalities should be empowered to raise funds to finance needed upgrades to municipal infrastructure in ways other than just property taxes and user rates; NOW THEREFORE BE IT RESOLVED that the Council of the City of Belleville hereby petition the Ontario Government to provide municipalities with additional powers to raise revenues needed to finance upgrades to municipal infrastructure, such as those provided to the City of Toronto and including the opportunity to levy carbon taxes with such funds to be devoted to environmental projects; AND FURTHER, that this resolution be forwarded to the Premier of Ontario, the Association of Municipalities of Ontario, and be circulated to all municipalities in Ontario." Resolution #C-338-08 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the City of Belleville with respect to carbon taxes be received for information. "CARRIED" Council Meeting Minutes - 14 - JUNE 9, 2008 D - 6 Ken Arnold MB, BCh, President, Ontario Medical Association (OMA), advising of the Provincial government's intention to create nurse-only clinics which the OMA believes represents a marked departure from the government's long-standing commitment to collaborative, integrated primary care models that serve the best interests of patients; advising the OMA has long supported the government's commitment to advancing collaborative models of primary care such as Family Health Teams where nurses are joining already existing models which bring together the training and experience of doctors, with nurses and other health professionals in order to provide the highest level of quality care by the appropriate provider at the appropriate time; and hoping that Council will join them in promoting collaborative care models so that the Province takes whatever steps necessary to ensure appropriate physician care in the community. Resolution #C-339-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 6 from Ken Arnold MB, BCh, President, Ontario Medical Association (OMA) with respect to nurse-only clinics be received for information. "CARRIED" Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 7 as members of her family are employed by General Motors of Canada Limited. Councillor Novak did not take part in discussion or voting on this matter. D - 7 Don Grant, Local 222, Dwight Harper and Texas MacDonald, Local 598, Canadian Auto Workers Union, requesting Council to support the following motion pertaining to harassment and workplace violence and to forward a letter of support to their local MPP: "WHEREAS sexual harassment is a significant and wide-spread occupational health and safety hazard for women in the workplace, and the current workplace legislation has proven to be ineffective in preventing gendered workplace violence and murder; AND WHEREAS legislation to provide workplace protection from sexual harassment and domestic violence has been brought forward five times since 2001, including Private Members Bills in 2001 (Bill 76), 2003 (Bill 55) 2004 (Bill 126) and 2005 (Bills 35 and 45); Council Meeting Minutes - 15 - JUNE 9, 2008 AND WHEREAS including sexual harassment in OHSA was one of the recommendations of the inquests into the deaths of both Theresa Vince and Lori Dupont; specifically in the case of Lori Dupont, recommendation #10 from the verdict of the Coroner's Jury urges the Ontario Ministry of Labour to undertake a "review of OHSA to examine the feasibility of including domestic violence (from someone in the workplace), abuse and harassment as factors warranting investigation and appropriate action by the Ministry of Labour... " WE, the members of the CAW Union request that each municipality in the Province of Ontario support this motion to: Amend the Ontario Health and Safety Act to include a personal safety clause that would offer protections from emotional or psychological harm as well as from physical harm in the workplace." Resolution #C-340-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from Don Grant, Local 222, Dwight Harper and Texas MacDonald, Local 598, Canadian Auto Workers Union with respect to harassment and workplace violence be received for information. "CARRIED" D - 8 Carolyn Downs, City Clerk, City of Kingston, advising Council that on May 20, 2008, the City of Kingston passed the following resolution pertaining to the Ontario Building Code: "WHEREAS the Ontario Building Code (the Code) regulates the standard of construction of buildings in Ontario; and, WHEREAS municipalities may not demand a standard of building construction that exceeds those standards set out in the Code; and, WHEREAS climate change is the greatest challenge that we humans have to face; and, WHEREAS human greenhouse gas (GHG) emissions are causing climate change to accelerate at an alarming and unprecedented rate; and, WHEREAS the operation of buildings contributes to over 40% of our GHG emissions; and, Council Meeting Minutes - 16 - JUNE 9, 2008 WHEREAS the City of Kingston is a member of the Federation of Canadian Municipalities' Partners in Climate Protection and is committed to reducing community greenhouse gas emissions by 10% by 2014; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Kingston strongly encourage the Ontario Government to amend the Ontario Building Code to significantly increase the minimum requirement for energy and water efficiency within new buildings, and do so as soon as possible and before the increased requirements that come into effect in 2011; AND FURTHER THAT the Council of the City of Kingston strongly encourage the Ontario Government to amend relevant legislation to indicate that the Code is the minimum standard for energy and water efficiency to which builders must adhere, but that municipalities may pass by-laws that require efficiency standards that exceed the Code so that community GHG emissions may be reduced; AND FURTHER THAT this motion be forwarded to the Ontario Minister of the Environment, the Ontario Minister of Municipal Affairs and Housing, to all municipalities in Ontario with a population of 50,000 or more to seek their support, and to the Association of Ontario to lobby on our behalf." Resolution #C-341-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the City of Kingston with respect to the Ontario Building Code be endorsed 'in principle'. "CARRIED" D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on May 20, 2008, the City of Kingston passed the following resolution pertaining to Bill 64 - Pesticide Act: "WHEREAS the City of Kingston passed a by-law regarding the cosmetic use of pesticides on December 18, 2007, with the by-law coming into effect on October 15, 2008; and, WHEREAS the Province of Ontario has given first reading to Bill 64, "An Act to Amend the Pesticide Act to prohibit the use and sale of pesticides that may be used for cosmetic purposes"; and Council Meeting Minutes - 17 - JUNE 9, 2008 WHEREAS Bill 64 is posted on the Environmental Registry, EBR 010-3348 with a deadline for comments of May 22,2008; and, WHEREAS Bill 64 does not, in some aspects, protect the public from pesticide use as effectively as Kingston's by-law will when it comes into force; and, WHEREAS the proposed provincial law says in section 7.1 (5) that "A municipal by-law is inoperative if it addresses the use, sale, offer for sale or transfer of a pesticide that may be used for a cosmetic purpose", thereby overriding Kingston's by-law; NOW THEREFORE BE IT RESOLVED THAT City staff be directed to respond to the Environmental Registry posting by the deadline stating that the City of Kingston: . supports Bill 64 generally . does not support section 7.1 (5) which makes municipal by- laws regarding pesticides inoperative . requests that the provincial government's pesticide law follow the approach in The Smoke Free Ontario Act which states that "if there is conflict between [the Act] and a provision of another Act, a regulation or a municipal by-law that deals with smoking, the provision that is more restrictive of smoking prevails." . requests that the provincial government allow municipalities to retain their power to make pesticide by-laws acknowledging public health and local needs and consistent with recent changes to the Municipal Act that recognize municipalities' powers to act to protect human health and the environment; AND FURTHER THAT Council's decision be sent to all municipalities with a population over 50,000 in Ontario, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM) and the Honourable John Gerretsen, Ontario Minister of the Environment as soon as possible." Council Meeting Minutes - 18 - JUNE 9, 2008 Resolution #C-342-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the City of Kingston with respect to Bill 64 - Pesticide Act be received for information. D - 10 "CARRIED" Gord Wallace, Bowmanville Rotary Club, Chair, Bowmanville Ribfest advising the Rotary Club will be hosting "Ribfest" on June 27 to July 1, 2008 at the Garnet Rickard Complex and requesting that the fees be waived for their carnival area. The money generated from the carnival will be directed towards the community rather than any enterprising individual or company. Resolution #C-343-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from Gord Wallace, Bowmanville Rotary Club, Chair, Bowmanville Ribfest for waiver of fees for their carnival area on June 27 to July 1, 2008 be received for information as the matter has been resolved. D - 11 "CARRIED" Mayor John Gray, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, urging the Province to seriously consider the Darlington Nuclear site in the Municipality of Clarington as the selected site for new nuclear reactors to be constructed. Mayor Gray is confident the business model for the expansion of Darlington exceeds provincial requirements and in light of the recent announcement of the planned closure of General Motors of Canada Truck Assembly Plant in Oshawa, the decision to select Darlington as the site will give Durham Region the boost of confidence it desperately requires. Council Meeting Minutes - 19 - JUNE 9, 2008 Resolution #C-344-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D - 11 from Mayor John Gray, City of Oshawa urging the Province to seriously consider the Darlington Nuclear site in the Municipality of Clarington as the selected site for new nuclear reactors be endorsed; and THAT a letter of appreciation be forwarded to Oshawa City Council for their endorsement of the Clarington site for nuclear new build. D - 12 D - 13 D - 14 "CARRIED" Michael Patrick, President, Clarington Board of Trade, writing to the Honourable Dalton McGuinty, Premier of Ontario, on behalf of 300 businesses, urging the Province to select Clarington as the site for locating new nuclear build. Mr. Patrick indicates that Clarington is the host community to Ontario Power Generation's Darlington Nuclear Generation site, the businesses of Clarington recognize the importance of new nuclear capacity in Ontario, new build will benefit the economic development and growth potential for business in the community and that they feel that from a technical, social and business standpoint, Clarington is the obvious choice for nuclear new build. Don Lovisa, President, Durham College, writing to the Honourable Gerry Phillips, Minister of Energy, in support of locating Ontario's nuclear new build in the Municipality of Clarington. Mr. Lovisa indicates that Durham College graduates have been moving on to careers in the nuclear industry and locating new nuclear generation in Clarington is the best choice for the future as the facility would be near the large population areas of southern Ontario, would be in a community that openly supports nuclear power and through Durham College and the University of Ontario Institute of Technology provides the next generation of nuclear workers. Dr. Ronald Bordessa, President, University of Ontario Institute of Technology, (UOIT) writing to the Honourable Gerry Phillips, Minister of Energy, in support of locating Ontario's nuclear new build in the Municipality of Clarington. Dr. Bordessa indicates that UOIT has had a very beneficial relationship with both nuclear generating stations in Durham Region, the nuclear industry is an invaluable resource in the delivery of the university's Nuclear Engineering program, and that locating new nuclear generation in Clarington is the best choice for the future. Council Meeting Minutes - 20- JUNE 9, 2008 Resolution #C-345-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Items D - 12 from Michael Patrick, President, Clarington Board of Trade, D - 13 from Don Lovisa, President, Durham College and D - 14 from Dr. Ronald Bordessa, President, University of Ontario Institute of Technology, (UOIT) in support of locating Ontario's nuclear new build in the Municipality of Clarington be endorsed; and THAT a letter of appreciation be forwarded to Michael Patrick, Don Lovisa, and Dr. Ronald Bordessa for their endorsement of the Clarington site for nuclear new build. "CARRIED" COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report June 2,2008 Resolution #C-346-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 2,2008, be approved, with the exception of Items #3, #13, #21 and #22. "CARRIED" Item # 3 Resolution #C-347 -08 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-051-08 be received; THAT the application submitted by Bowmanville Creek Developments Inc. be further processed by staff for the preparation of a further report following the receipt of all outstanding information and agency comments; THAT a copy of Report PSD-051-08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-051-08 and any delegations be advised of Council's decision. "CARRIED" Council Meeting Minutes - 21 - JUNE 9, 2008 Item # 13 Resolution #C-348-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Item 13 of Report #1 - Community Services Department Strategic Plan be tabled until the Director of Community Services returns to work and has an opportunity to meet with the Clarington Older Adults Association. "CARRIED" Item # 21 Resolution #C-349-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the delegation of Ms. Kristin Robinson be received with thanks; and THAT the petitions regarding EFW and the proposed incinerator be referred to the DurhamlYork Residual Waste Environmental Assessment Process. "CARRIED" Item # 22 Resolution #C-350-08 Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS the Government of Ontario is preparing to make an important decision pertaining to the location of new nuclear reactors; WHEREAS the past and present Council of the Municipality of Clarington supports nuclear energy; WHEREAS the Municipality of Clarington has enjoyed a long-standing, positive, open, transparent and mutually supportive relationship with Ontario Power Generation (OPG) and is confident in OPG's safe and reliable operation of the Darlington Generating Station; WHEREAS during the week of June 1,2008 the General Motors Corporation announced the plant closure of all operations at their truck plant in Oshawa in 2009; Council Meeting Minutes - 22- JUNE 9, 2008 WHEREAS this announcement has created total fear and panic already within our community and beyond; WHEREAS this announcement will result in the loss of 2600 full-time permanent jobs plus hundreds of more support jobs; NOW THEREFORE BE IT RESOLVED THAT the Premier of the Province of Ontario and the Provincial Minister of Energy be advised that the Council of the Municipality of Clarington fully supports Nuclear New Build at the Darlington Generating Station "B" site; AND FURTHER THAT this resolution be forwarded to the Province of Ontario and to the Regional Municipality of Durham. "CARRIED" STAFF REPORTS Confidential Report of the Solicitor Regarding a Legal Matter Resolution #C-351-08 Moved by Councillor Woo, seconded by Councillor Trim THAT the recommendations contained in the Confidential Memorandum from the Solicitor dated June 3, 2008, be approved. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There were no Notice of Motions previously given. UNFINISHED BUSINESS Resolution #C-352-08 Moved by Councillor Woo, seconded by Councillor Trim THAT the Addendum Report to FND-012-08 be received; THAT Report FND-012-08 be lifted from the table; THAT the Development Charges Amendment Study, May 2008, prepared by Hemson Consulting Ltd. be approved; Council Meeting Minutes - 23- JUNE 9, 2008 THAT the Development Charges quantum for Residential charges be approved as follows, subject to annual indexing: Residential Single and Semi Townhouse and Row Large Apartment Small Apartment July 1, 2008 Jan 1, 2009 $13,012 $14,538 $11,353 $12,662 $ 8,907 $9,989 $ 5,651 $6,331 THAT the Development Charge quantum for both Non-Residential - Industrial and Non-Residential - Excluding Industrial charges be phased-in for all units, as follows, subject to annual indexing: Non-Residential - Excluding Industrial (per sq. m.) July 1, 2008 July 1, 2009 July 1, 2010 July 1, 2008 Jan 1, 2009 July 1, 2009 $26.98 $30.96 $35.03 $48.35 $55.16 $61.97 Non-Residential - Industrial (per sq. m.) THAT Council in approving the Amendment Study expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other suitable charges to protect the public interest; THAT Council has reviewed the changes made to the draft By-Law and after having considered the changes, Council determined that there is not a need for an additional public meeting; THAT for completed applications as determined by the Chief Building Official received on or before June 30, 2008, where the permit is issued and development charges paid by September 12, 2008, that the applicable development charges be calculated based on By-Law 2005-108, prior to the amendment proposed as attached to Addendum to Report FND-012-08; THAT By-Law attached to Addendum to Report FND-012-08 (Attachment "A") be approved to amend By-Law 2005-1 08; and THAT the Region of Durham and recorded interested parties be provided a copy of Addendum to Report FND-012-08 and be notified of Council's decision. "CARRIED" Council Meeting Minutes - 24- JUNE 9, 2008 Resolution #C-353-08 Moved by Councillor Novak, seconded by Councillor Woo THAT the presentation of Bob M. Kenney be received with thanks; and THAT Council looks forward to being kept apprised of any new developments. "CARRIED" Resolution #C-354-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentation of Maureen Carter-Whitney be received with thanks; and THAT the recommendations be referred to stafffor comment on the CIELAP recommendations presented by Ms. Carter-Whitney. "CARRIED" BY-LAWS Resolution #C-355-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-096 to 2008-106, inclusive 2008-096 Being a by-law to authorize the execution of Minutes of Settlement of the action to commence by Macourtice Developments Inc. Against the Municipality of Clarington and the Satisfaction Piece contained in Schedule B of the Minutes of Settlement 2008-097 Being a by-law to authorize the execution of the Second Amending Agreement to the agreement between the Municipality of Clarington, Claret Investments Ltd. and 1361189 Ontario Limited dated June 24, 2002 2008-098 Being a By-law to amend By-law 86-112, a by-law to establish a Street Name Map and Street Name Inventory in the Municipality of Clarington 2008-099 Being a By-law to adopt Amendment No. 62 to the Clarington Official Plan Council Meeting Minutes - 25- JUNE 9, 2008 2008-100 Being a By-law to appoint a Municipal Law Enforcement Officer (Aaron Coutu) 2008-101 Being a By-law to appoint a Municipal Law Enforcement Officer (Ritchie Jacobs) 2008-102 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Newcastle Fellowship Baptist Church, Newcastle, Ontario, for the legal right-of-way of the existing driveway at the Newcastle Fellowship Baptist Church, 200 King Avenue, East, Newcastle, Ontario 2008-103 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services, Cobourg, Ontario for the Mearns Avenue and Concession Road 3 Reconstruction 2008-104 Being a By-law to amend Municipality of Clarington Development Charge By-law No. 2005-108, as amended by By-law No. 2007 -195 and By-law 2006-160 2008-105 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property (47 Liberty Street South) 2008-106 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property (4098 Regional Road #9); 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 Opportunities for commuter parking lots were discussed. The Director of Planning Services and the Director of Engineering Services will consider this matter and report back to Council. Councillor Foster requested that the Mayor's office draft a letter as an expression of support to be presented to GPA in response to the recent announcement at General Motors concerning the closure of the Truck Plant. Council Meeting Minutes - 26- JUNE 9, 2008 CONFIRMING BY-LAW Resolution #C-356-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-107, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 9th day of June, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-357-08 Moved by Councillor Robinson, seconded by Councillor Woo ~