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HomeMy WebLinkAbout07/14/2008 Council Meeting Minutes JULY 14,2008 Minutes of a regular meeting of Council held on July 14,2008, 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, attended until 9:40 p.m. Manager of Transportation and Design, L. Benson, attended until 9:40 p.m. Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 9:40 p.m. Manager of Special Projects, F. Langmaid Director of Corporate Services and Human Resources, M. Marano, attended until 9:40 p.m. Manager of Community Planning and Design, C. Salazar, attended until 9:40 p.m. Director of FinancelTreasurer, N. Taylor, attended until 9:40 p.m. Communications Co-ordinator, J. Vreeker, attended until 7:25 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 9:40 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 9:40 p.m. Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Correspondence Item D - 9. Council Meeting Minutes - 2 - July 14, 2008 ANNOUNCEMENTS Councillor Hooper announced the following: . On Saturday, July 12, 2008, he took part in the East Cross Forest Community Clean-up Event sponsored by the Kawartha Conservation Authority. The event was very successful with a tremendous amount of garbage, tires, vehicles and parts removed from the property in preparation for the Official Opening in 2009. Councillor Hooper extended appreciation to Kristie Virgoe, Manager of Kawartha Conservation's Environmental Protection and Restoration. . On Friday, July 11, 2008, he attended a "New Beginnings" fundraising dance in support of victims of the fire in the Bowmanville downtown core. Councillor Hooper thanked the organizers and participants for making the event a success. . The Bowmanville 150th Sesquicentennial Organizing Committee has held a wrap-up session. Councillor Hooper thanked Council for the municipal grant and advised that 150th souvenir books, DVD's and lapel pins are still available for purchase. Councillor Novak extended appreciation to event organizers, staff and the community at large for the success of Bowmanville's 150th Anniversary celebrations. Councillor Novak also advised of activity on the site of the new Emergency Medical Station in Courtice with work starting to prepare the ground to move forward with the project. Councillor Foster advised that the Courtice Rotary Club recently hosted Rick Mercer and Belinda Stronach. He also extended congratulations to the Courtice Lions Club for completing upgrades to the Courtice Lions Millennium Trail and advised that news on a significant grant would be forthcoming. Councillor Woo advised of the following: . On Saturday, July 12, 2008, the 15t Annual Clarington Artist and Artisans One-of-a-Kind Show was held at the Newcastle waterfront showcasing the talents of many local artists and artisans. . The Clarington Music Festival was held on July 12, 2008, at the Orono Fairgrounds offering a range of musical entertainment. . On Saturday, July 19, 2008, the 14th Annual Wooden Boat Show will be held at the Port of Newcastle. Council Meeting Minutes - 3 - July 14, 2008 Mayor Abernethy expressed appreciation to the local press for the coverage of the Municipality's Official Plan Review process. Mayor Abernethy also announced the following: . The Mayor's Golf Tournament will be held on Thursday, July 17, 2008, at the Bowmanville Golf Club. Tickets are still available with proceeds in support of the Bowmanville Memorial Hospital Foundation's "Touching Lives" Campaign. . An Educational Open House hosted by the Trillium Foundation, an agency of the Ontario Government providing funding for the not-for-profit sector, will be held on August 20, 2008, at 6:30 p.m. in the Council Chambers providing an overview of grants available and the application process. Further information is available from the Trillium Foundation by calling 1-866-443-3808. PRESENTATIONS Mayor Abernethy welcomed Mayor Pat Perkins of the Town of Whitby. Mayor Perkins addressed Council concerning the friendly waste diversion challenge between the Town of Whitby and the Municipality of Clarington during "Pitch-In Week" 2008. Mayor Perkins expressed appreciation to Council for taking up the challenge as it was not about winning or losing but about bringing awareness to the issue of waste, how it is dealt within our communities and to better understand the options in diverting it. Mayor Perkins acknowledged that diversion methods are different between Whitby and Clarington and that Whitby had the honour of achieving a diversion rate of 68% last year, the highest rate in the Region. Mayor Perkins encouraged the public to get on track when the programs become available in Clarington in the near future. She presented a certificate to Mayor Abernethy and Members of Council on behalf of the Members of Council and the citizens of the Town of Whitby, congratulating the Municipality of Clarington for their success in collecting a higher tonnage of material for the friendly challenge during the "Pitch-In Week" activities. Mayor Abernethy presented Mayor Perkins with a signed copy of the commemorative book "150 Images" signed by Kevin Anyan and Charles Taws, capturing the heritage and history of the Town of Bowmanville. Council Meeting Minutes - 4 - July 14, 2008 MINUTES Resolution #C-387 -08 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on June 23, 2008, be approved. "CARRIED" PRESENTATIONS (cont'dl Mayor Abernethy presented Donald Welsh with the 2008 Senior of the Year Award and acknowledged Mr. Welsh's many years of voluntary service to the community working tirelessly for many organizations and filling many roles including: Past President of the Orono Fair Board, Past President of the Durham Region of Agriculture Committee, Chairman of the Santa Claus Parade Committee for 11 years, Past President of the Rotary Club of Bowmanville, 4H leader for over 40 years, Past President of the Holstein Club. Mayor Abernethy also acknowledged Mr. Welsh's receipt of the JC Young Farmer of the Year. Mayor Abernethy advised Mr. Welsh has been instrumental in the success of the Clarington Older Adult Association by committing many days, nights and weekends to the Association and has been a President, Past President and today is an active Director on the Board ensuring the older adults of Clarington have a place to call home. DELEGATIONS Corey Barr addressed Council concerning Item 1 of Unfinished Business - Application for Proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment, thanking staff of the Departments of Planning Services and Engineering Services for their efforts to date in advancing the development and the amendment to the parkland issue. Mr. Barr also thanked Council in advance, in anticipation that the development will be approved later in the meeting. Council Meeting Minutes - 5 - July 14, 2008 Peter Evans, President, Clarington Older Adults Association, addressed Council concerning Item 28 of Report #1 - Report COD-047 -08 - Bowmanville Tennis Club - Lease Renewal, stating the Board is disappointed and concerned with outcome of the General Purpose and Administration meeting of July 7, 2008, as Council is considering a longer lease for the Bowmanville Tennis Club at the Beech Centre. Mr. Evans advised that on March 25, 2008, he addressed Council regarding the difficult parking situation at the Centre and requested that Council negotiate a short- term lease of the tennis court to allow time to fully explore and consider all options to determine a solution and develop an implementation plan. Mr. Evans advised they will be reporting back to Council by mid-2009 on the parking study and that next steps may involve exploring the footprint of the centre and investigating the merits of relocating the Tennis Club. Mr. Evans stated he is in attendance to repeat the request and to ask Council not to tie up the Beech Centre site with lengthy leases that will impede an engineered solution to the Centre's parking needs. In response to questions Mr. Evans acknowledged he was aware that Community Care Durham would be moving to space vacated by Total Hockey and that the agreement with the Tennis Club does have a twelve-month cancellation clause. Mr. Evans feels that the move to extend the fixed term is an affront to their request. In response to further questions, Mr. Evans stated it was his impression that staff was working on a two-year fixed lease. Don Welsh, Clarington Older Adults Association declined to address Council. Angie Darlison, Executive Director, Clarington Older Adults Association, addressed Council concerning Item 22 of Report #1 - Report COD-039-08 RFP2008-2 - Garnet B. Rickard Recreation Complex - Lease Space stating she is in support of the recommendations contained in the staff report. Ms. Darlison stated since opening the Beech Centre in 1998, the organization has experienced significant growth from 266 members to 900 members and they are currently limited in space at the facility. Ms. Darlison hopes that Council will take into consideration the needs of the Clarington Older Adult Association as they relate to the sublease for the Beech Centre. She advised it has been a pleasure to work with Community Care Durham, wished them well in their new location, and will continue to work with them. In response to questions, Ms. Darlison stated the Centre has fluctuated their hours and staggered programming and that space vacated by Community Care Durham will free up twelve parking spaces. She stated the Association has made a request for support in developing a strategic plan and have meetings set up with local hall boards for satellite programming and that this will be a priority for them going into the fall session. In response to further questions, Ms. Darlison stated that space for an additional 48 to 50 cars would be available if the tennis courts were relocated and that it was her understanding that any member of the public may join the Tennis Club, provided they pay their membership dues, and that some members of the Centre are also members of the Tennis Club. Council Meeting Minutes - 6 - July 14, 2008 Mary Flynn-Guglietti, Solicitor, MacMillans LLP, on behalf of Bowmanville Creek Developments Inc. (Torgan Group), addressed Council concerning Item 9 of Report #1 - Report PSD-077 -08 Applications to Amend the Clarington Official Plan and Zoning By-Law by Bowmanville Creek Developments Inc., to permit a wider range of commercial uses stating her client is basically seeking a deferral of the application until the fall as they had only a brief review of the report prior to the General Purpose and Administration Committee meeting on July 7,2008. There were a number of issues raised and her clients would like the opportunity to meet with staff to investigate alternatives or to further review. Ms. Flynn-Guglietti acknowledged a number of existing uses have been removed and stated a deferral to the fall would provide time for her clients to review the matter and avoid exercising the option of appealing to the Ontario Municipal Board. Ms. Flynn-Guglietti was requested to convey property maintenance issues to her clients. Kem Majid, President, Bowmanville Tennis Club, addressed Council concerning Item 28 of Report #1 - Report COD-047 -08 - Bowmanville Tennis Club - Lease Renewal. Mr. Majid provided a history of the formation and operation of the Bowmanville Tennis Club and the construction of the tennis courts. Mr. Majid stated he has been President of the Bowmanville Tennis Club since 1985 and was instrumental in showing members how they could afford to build proper tennis courts on the facility. Mr. Majid stated that currently, members pay a small fee to join the Club with the fees used to run the Club and any excess funds reserved to pay for resurfacing the courts every five to six years. Mr. Majid stated with the Lions Club they had a twenty-year lease and the Club has been working with the Municipality to extend their lease and that he would be happy to sign the lease on behalf of the Bowmanville Tennis Club. In response to questions, Mr. Majid confirmed that no applicant has been declined membership and that each member is provided with a key to the courts, subject to paying a refundable deposit. He noted that there is virtually no vandalism to the courts as only members have access. In response to further questioning, Mr. Majid acknowledged that they work with the Clarington Older Adult Association regarding parking issues and that members are requested to carpool, park on the street or take transit when the Beech Centre is hosting a special event. In response to further questions, Mr. Majid stated parking was never an issue until the last five to seven years and that a maximum of sixteen cars associated with the Tennis Club, would be on site at any given time. He also stated that a three-year term would provide the Club with more stability. He expressed concerns with the proposed three one-year extension options as it causes unnecessary anxiety each year. Mr. Majid also advised that the present facilities have not been paid for by the municipality and that the public will not pay their own money to build more courts. Mr. Majid estimated that to build four to six courts would be approximately $500,000 plus land costs and parking. Council Meeting Minutes - 7 - July 14, 2008 COMMUNICATIONS Resolution #C-388-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items 1-2, 1-9, 1- 12, 1-21 and 1-22. "CARRIED" I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated May 15, 2008. I - 3 Minutes of the Central Lake Ontario Conservation Authority dated June 17, 2008. I - 4 Minutes of the Animal Advisory Committee dated June 11, 2008. I - 5 Minutes of the Durham Nuclear Health Committee dated June 13, 2008. I - 6 Mayor Pat Perkins, Town of Whitby, thanking Council for participating in the friendly waste diversion challenge during "Pitch-In Week", from April 19, to 28, 2008; advising the Town of Whitby volunteers collected 4.72 tonnes of waste; indicating she is looking forward to hearing Clarington's results; and, hoping that the media coverage will help to underscore the need to expand recycling programs in order to eliminate as much waste as possible from going to landfill. I - 7 Dr. Paul-Andre Larose forwarding a copy of his written submission to Regional Council on June 18, 2008 concerning energy-from-waste, - E.A. Process: The Incinerator Project: Failure Modes, in which he expresses the importance of designing the Emission Control System (ECS) for the worst conditions and suggests that Durham Council consider unavoidable failure modes before concluding that the exposure values will be acceptable and that discussions as to acceptable exposure levels due to uncontrolled releases and remedial actions under such conditions be undertaken prior to the project proceeding any further. Attached to the correspondence is a copy of a working paper prepared by Dr. Larose entitled "Reflections on Health Monitoring and Incineration". Council Meeting Minutes - 8 - July 14, 2008 I - 8 Lisa Rodd forwarding correspondence in opposition to the proposed energy-from-waste facility due to the devastating and detrimental effects it will have on the health of her son, who has beaten childhood cancer, and other children who are undergoing treatment. 1-10 Patsy Thompson, Ph.D., Director General, Directorate of Environmental and Radiation Protection and Assessment, Canadian Nuclear Safety Commission, (CNSC) forwarding a draft document entitled "Process Improvement Initiatives for Screening Environmental Assessments at the CNSC" outlining proposed changes to deliver a more efficient process for screening EAs and inviting comments by July 18, 2008. A copy of the document is available at www.nuclearsafety.qc.ca. I - 11 P. M. Madill, Regional Clerk, Region of Durham, writing to Ken Nash, President, Nuclear Waste Management Organization (NWMO), advising that on June 18, 2008, Regional Council passed the following resolution pertaining to NWMO's Update and Response to Draft Documents: "Implementing Adaptive Phased Management 2008 to 2012" and "NWMO Transparency Policy": "a) THAT the Nuclear Waste Management Organization be advised of the Region's continued strong interest in being actively engaged in the process for implementing the Adaptive Phased Management approach for the long-term management of Canada's used nuclear fuel waste; b) THAT Report #2008-P-53 of the Commissioner of Planning be forwarded to the Nuclear Waste Management Organization as the Region's response to the draft documents entitled "Implementing Adaptive Phased Management 2008 to 2012" and "NWMO Transparency Policy"; and c) THAT a copy of Report #2008-P-53 be forwarded to the area municipalities, the Federal Minister of Natural Resources, the Ontario Minister of Energy, the Ontario Minister of the Environment, Durham's MPs and MPPs , and the Canadian Association of Nuclear Host Communities (CANHC)." Council Meeting Minutes - 9 - July 14, 2008 I - 13 P. M. Madill, Regional Clerk, Region of Durham, writing to Ron Glenn, Director, Growth Policy, Planning and Analysis Branch, Ministry of Public Infrastructure Renewal advising that on June 18, 2008, Regional Council passed the following resolution pertaining to the Growth Plan for the Greater Golden Horseshoe - Planning for Employment in the Greater Golden Horseshoe, Background Paper and the Standing Committee Correspondence No. 2008-60 from the Ministry of Public Infrastructure and Renewal - Ontario Growth Secretariat: "a) THAT Report #2008-P-57 of the Commissioner of Planning be submitted to the Ministry of Public Infrastructure Renewal as the Region's comments on the "Planning for Employment in the Greater Golden Horseshoe", Background Paper; and b ) THAT a copy of Report #2008-P-57 be forwarded to the area municipalities." 1-14 The Honourable Bev Oda, P.C., M.P., Durham, thanking the municipality for support and assistance provided to the May 31, 2008 "Durham Support Our Troops Rally" which was crucial to making the important event a great success. I - 15 Port Granby Project forwarding the executive summary of the 2007 public attitude survey conducted by Intellipulse Ltd., in the local study area for the Port Granby Project; advising 119 replies were received in 2007 and an additional five responses received in March 2008; and advising that the complete survey has been sent to some local residents, executive members of the South East Clarington Ratepayers Association and to those who requested a copy of the results in their reply. A copy of the complete survey can be requested by calling Sandy Holmes or Sue Stickley at 905-885-0291 or 1-866- 255-2755. 1-16 P. M. Madill, Regional Clerk, Region of Durham, advising that on June 18, 2008, Regional Council passed the following resolution pertaining to activities relating to Drinking Water Source Protection and the Implementation of the Clean Water Act and Regulations: "THAT Joint Report No. 2008-J-21 of the Commissioner and Medical Officer of Health, Commissioner of Planning, and Commissioner of Works be received for information and forwarded to the Durham area municipalities for information." Council Meeting Minutes - 10- July 14, 2008 1-17 P. M. Madill, Regional Clerk, Region of Durham, writing to Natural Resources Canada, advising that on June 18, 2008, Regional Council passed the following resolution pertaining to the final report results from Durham Region's Water and Energy Efficient Demonstration Community in the Town of Ajax: "a) THAT Report No. 2008-W-87 of the Commissioner of Works be received for information; and b ) THAT a copy of Report No. 2008-W-87 be forwarded to the area municipalities, Natural Resources Canada and Tribute Communities, the builder." 1-18 P. M. Madill, Regional Clerk, Region of Durham, advising that on June 18, 2008, Regional Council passed the following resolution pertaining to clear plastic bags for the collection of garbage: "a) THAT the Region implement a (3) month clear bag pilot program for garbage collection for approximately 1,500 homes (two collection routes), with one route in the City of Pickering and one route in the Municipality of Clarington commencing in January 2009 at an estimated cost of $30,000 to be financed from the 2008 Solid Waste Management Services Budget; b ) THAT Regional staff be authorized to investigate potential funding partnerships for the recommended three (3) month clear bag pilot program for garbage collection in two (2) highrise apartment buildings, one(1) in the Town of Ajax and one (1) in the City of Oshawa, commencing January 2009; c) THAT staff be authorized to retain a consultant, at an estimated cost of $45,000, to work with Regional staff in investigating and reporting on existing and potential new options to increase the Region's diversion rate to 70 percent by the end of 2010 (less than three years), including cost implications, advantages and disadvantages for each option, and lessons learned from North American and European experiences, to be funded by the 2008 Solid Waste Management Services Budget; and d) THAT copies of Report No. 2008-WR-20 of the Commissioner of Works be forwarded to all eight local area municipalities." Council Meeting Minutes - 11 - July 14, 2008 1-19 P. M. Madill, Regional Clerk, Region of Durham, writing to Beverley Thorpe, Project Manager, CTC Source Protection Region, advising that on June 18, 2008, Regional Council passed the following resolution pertaining to the CTC (Credit ValleylToronto/Central Lake Ontario) Source Protection Committee Draft Proposed Terms of Reference Documents: a) THAT the CTC Source Protection Committee and Toronto Region Source Protection Authority be requested to include the Uxville municipal non-residential water supply system within the scope of the Terms of Reference, Assessment Report and Source Protection Plan for the Toronto Region source protection area; b ) THAT Regional staff be authorized to undertake the technical studies for the municipal wellhead protection area for the Uxville water supply system as outlined in the TRSPA terms of reference to assist with the preparation of the Assessment Report and Source Protection Plan; c) THAT the CTC Source Protection Committee be requested to add to both the TRSPA and CLOSPA Terms of Reference documents a task and related funding to support Durham Region's participation in leading and coordinating source protection policy development to ensure consistency across Durham Region; d) THAT the Councils of the Cities of Oshawa and Pickering, the Towns of Whitby and Ajax, the Municipality of Clarington, and the Townships of Scugog and Uxbridge be so advised; and e ) THAT a copy of Report No. 2008-J-22 be forwarded to Ms. Beverley Thorpe, Toronto Region Source Protection Authority." 1-20 P. M. Madill, Regional Clerk, Region of Durham, writing to Glenda Rodgers, Project Manager, TCC Source Protection Region, advising that on June 18, 2008, Regional Council passed the following resolution pertaining to the TCC (Trent Conservation Coalition) Source Protection Committee Draft Proposed Terms of Reference Documents: "a) THAT in response to the draft proposed Terms of Reference document for the Ganaraska Region source protection area, the Regional Municipality of Durham: Council Meeting Minutes - 12 - July 14, 2008 i) agrees to undertake the technical studies in Durham Region municipal wellhead protection areas and lead the Durham policy development task as outlined in the draft proposed terms of reference document to assist with the preparation of the Assessment Report and Source Protection Plan; and ii) recognizes that the costs identified in the Terms of Reference are estimates only, and that once the scope of the work is finalized, the costs and agreement will be negotiated with the Lower Trent Source Protection Authority (L TSPA) in the TCC Source Protection Region; b) THAT in response to the draft proposed Terms of Reference document for the Kawartha-Haliburton source protection area, the Regional Municipality of Durham: i) agrees to undertake the technical studies in Durham Region municipal wellhead protection areas and lead the Durham policy development task as outlined in the draft proposed terms of reference document to assist with the preparation of the Assessment Report and Source Protection Plan; and ii) recognizes that the costs identified in the Terms of Reference are estimates only, and that once the scope of the work is finalized, the costs and agreement will be negotiated with the Lower Trent Source Protection Authority (L TSPA) in the TCC Source Protection Region; c) THAT the Councils of the Municipality of Clarington and the Townships of Scugog and Brock be so advised; and d) THAT a copy of Report No. 2008-J-23 be forwarded to Ms. Glenda Rodgers, Lower Trent Source Protection Authority." I - 23 The Honourable Jim Bradley, Minister, Ministry of Transportation, advising that funds in the amount of $1 ,913,794 are being provided to the Municipality of Clarington for the purpose of funding municipal road and bridge capital investment needs; outlining the reporting and accountability provisions that apply to the transfer; and, advising that the Ministry looks forward to receiving information on how the grant was used and the outcomes achieved. Council Meeting Minutes - 13 - July 14, 2008 I - 24 R. A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance (OPERA) expressing concern with the process undertaken with respect to the enactment of the Endangered Species Act and forwarding a copy of the Ivey Foundation Report "The Making of Ontario's New Endangered Species Act: A Campaign Summary Report, December 2007" confirming that five professional lobby groups formed The Save Ontario's Species (S.O.S.) coalition in 2005 to devise Ontario's new ESA legislation prior to its introduction as a Ministry of Natural Resources invention. The correspondence states it appears that municipalities were not consulted when the lobby groups undertook to create new ESA legislation in 2005 indicating that local government has become subordinate to the ambitions of special interest groups in Ontario. I - 25 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of Regional By-law 39-2008, being a by-law regarding development charges for transit services and advising that any person or organization may appeal to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or July 28, 2008. I - 26 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of Regional By-law 44-2008, being a by-law regarding development charges and advising that any person or organization may appeal to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or July 28, 2008. I - 27 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of Regional By-law 45-2008, being a new area specific by-law regarding development charges for sanitary sewerage works for the Carruthers Creek Development Area and advising that any person or organization may appeal to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or July 28, 2008. I - 28 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of Regional By-law 46-2008, being a new area specific by-law regarding development charges for water supply service for the Carruthers Creek Development Area and advising that any person or organization may appeal to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or July 28, 2008. Council Meeting Minutes - 14 - July 14, 2008 I - 29 Stewardship Ontario, an industry funding organization operating Blue Box materials and municipal hazardous waste programs, advising of new waste diversion program targets for Municipal Hazardous or Special Waste (MHSW) aimed at doubling recovery rates over five years by substantially increasing the number of collection event days so that people throughout Ontario have improved access to opportunities to take unwanted MHSW materials to an appropriate location. Under the new program, industry will pay approximately 80% of the total program cost while municipalities will cover the balance. The cost in year one is expected to be $28 million. Further information is available on Stewardship Ontario's new interactive website at www.dowhatyoucan.ca. I - 30 Heather Stuart and Pat Clancy requesting Council to do everything in their power to stop the proposed incinerator from being located in Clarington. I - 31 Michael Patrick, President, Clarington Board of Trade writing to the Right Honourable Dalton McGuinty, Premier of Ontario extending appreciation to the Province for the recent announcement for New Nuclear Build at the Darlington Site of Ontario Power Generation (OPG) and for entrusting this project in the leadership of OPG and the community of Clarington. I - 32 Jennifer L. Mutton, Planning Services, Development Services Department, City of Oshawa, forwarding a copy of the City of Oshawa's comments on "Planning for Employment in the Greater Golden Horseshoe" Background Paper. I - 33 Jennifer L. Mutton, Planning Services, Development Services Department, City of Oshawa, forwarding a copy of the City of Oshawa's comments on Metrolinx - Regional Transportation Plan for the Greater Toronto and Hamilton Area White Papers # 1-2. I - 34 Annie Krabi, Phil Reimer, Terri Howe, and Don, Anita, Reuben, Simeon, Theo, Devon and Jemihah DeVries thanking Mayor Abernethy and Council for their leadership in making Clarington a great place to live and advising they are praying for Council to be blessed with wisdom and guidance to make the right decisions concerning complex decisions. I - 2 Minutes of the Clarington Highway 407 Community Advisory Committee dated June 17, 2008. Council Meeting Minutes - 15 - July 14, 2008 Resolution #C-389-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the Minutes of the Clarington Highway 407 Community Advisory Committee dated June 17, 2008 be received for information. "CARRIED" I - 9 Newtonville Community Hall Board, BBO Committee, extending appreciation to the municipality for assistance and support provided to the annual Newtonville Community BBO in helping to make the annual event a success. Resolution #C-390-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence I - 9 from the Newtonville Community Hall Board expressing appreciation to the municipality for assistance and support provided to the annual Newtonville Community BBO be received for information. "CARRIED" 1-12 P. M. Madill, Regional Clerk, Region of Durham, writing to Doris Krahn, Forest Program Specialist, Ministry of Natural Resources, advising that on June 18, 2008, Regional Council passed the following resolution pertaining to the enactment of the new Regional Tree By-law and appointment of a By-law Enforcement Officer: "a) THAT the Regional Tree By-law, as contained in Attachment #1 to Report #2008-P-54 of the Commissioner of Planning, be passed; b) THAT the Regional Solicitor be directed to prepare a by-law to appoint James Rogers of Kestrel Forestry Consulting, or his designate, as a By-law Enforcement Officer for the Regional Municipality of Durham to administer and enforce the appropriate provisions of the new Regional Tree By-law; and Council Meeting Minutes - 16 - July 14, 2008 c) THAT a copy of Report #2008-P-54 and associated by-laws be forwarded to the area municipalities, the Conservation Authorities in Durham Region, the Durham Environmental Advisory Committee, the Durham Agricultural Advisory Committee, and the Ministry of Natural Resources for their information." Resolution #C-391-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item 1- 12 from P. M. Madill, Regional Clerk, Region of Durham with respect to the new Regional Tree By-law and appointment of a By-law Enforcement Officer be received for information; and THAT a copy of Correspondence I - 12 be forwarded to the Agricultural Advisory Committee of Clarington. "CARRIED" I - 21 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. D. Kelly, Regional Clerk, Regional Municipality of York, advising that on May 28, 2008, Regional Council passed the following resolution pertaining to Durham Region Energy From Waste (EFW) Project: Detailed Business Case and Request for Proposals: "a) THAT Regional Council receive this report for information, including detailed analysis of EFW financial implications, potential budget and property tax impacts, and project risk assessment, based upon the business case report, "Durham- York Energy-from-Waste Facility: Business Case, May 2008", completed by Deloitte and Touche LLP for Durham Region, and provided herein as Attachment No.1 to Report #2008-J-13; b) THAT Regional staff be authorized, based upon the detailed business case, RFP principles and project specifications proposed herein, to finalize the EFW RFP and project agreement documentation, and issue the RFP to pre-qualified vendors in order to select a preferred vendor to: i) Complete the requirements of the EA and EPA processes; and, Council Meeting Minutes - 17 - July 14, 2008 ii) Design, build, and operate a Regionally-owned EFW facility on the preferred site "Clarington 01", as identified through the EA process and approved by the Regional Councils of York and Durham in January 2008; c) THAT Durham Region's RFP for the design, build and operation of the facility be issued on the following basis: i) Only proposals submitted by the five pre-qualified vendors of RFQ 601-2007 will be accepted, including: A) Veolia Environmental Services Waste to Energy Inc.; AMEC/Black & McDonald; B) Covanta Energy Corporation; C) WRSI/DESC Joint Venture; Fisia Babcock Environmental GmbH; Kiewit Industrial Company; Morgan Stanley Biomass LLC; Babcock & Wilcox; D) Wheelabrator Technologies Inc. (A Waste Management Company); and, E) Urbaser SA; ii) As per the January 23, 2008 direction of Regional Council, the RFP will demonstrate the Region's commitment to protecting the health and safety of the residents of the Municipality of Clarington and Durham Region, by ensuring the successful proponent incorporates into the design and installation of the EFW facility, the most modern and state- of the-art emission control technologies that: A) Meet or exceed the European Union (EU) monitoring and measurement standards; B) Commit to Maximum Achievable Control Technology (MACT) for emission standards and monitoring; and, C) Support the Region of Durham's aggressive residual waste diversion and recycling program, to achieve and/or exceed, on or before December 2010, a 70% diversion rate for the entire Region, with these programs continuing beyond 2010; Council Meeting Minutes - 18 - July 14, 2008 iii) The RFP will include provisions for continuous sampling of dioxins in addition to stack testing, as defined by EU2000/76/EC and MOE A-7 guidelines; iv) Vendors will be required to demonstrate an ability to accommodate future expansion (scalability) as required to accommodate post-diversion residual waste volume growth up to a maximum capacity of 400,000 tonnes; v) Vendors will be required to demonstrate an ability to meet the requirements of up to a 25-year design, build and operate contract, with terms and conditions to be set out within RFP documentation; vi) The RFP will be issued based upon current discussions with the Province (emissions and power purchase) not resulting in a material change to the results presented herein; and vii) The RFP will solicit proposals for the design, build and operation of an EFW facility of 140,000 tonnes of operating capacity at a project start-up, based upon the following: A) Durham Region will provide a maximum of 100,000 tonnes of post-diversion waste commencing at project start-up; B) York Region will provide a minimum of 20,000 tonnes of post-diversion waste commencing at project start- up; and C) Surplus capacity totaling 20,000 tonnes of operating capacity will be shared equally between the two Regions; d) THAT the Region of Durham enter into a Durham-York Memorandum of Understanding (MOU) with the Region of York which shall govern the process and cost sharing arrangement to complete the EA for Residual Waste and establish an energy from waste facility, including a York Region ownership, and capital and operating cost share of no less than 21.4%, based upon the recent conclusion of negotiations between the Regional partners and consistent with the following: Council Meeting Minutes - 19 - July 14, 2008 i) Durham and York shall construct a facility with an initial annual processing capacity of approximately 140,000 tonnes, with Durham responsible for the capital and operating costs for 100,000 tonnes of waste and York responsible for the capital and operating costs for 20,000 tonnes of waste; ii) York and Durham shall equally share the capital and operating costs for approximately 20,000 tonnes of surplus processing capacity; iii) The parties shall share equally (50/50) the cost of certain oversized capital components of the EFW Facility and site, where such over sizing is deemed to be operationally and financially prudent; and iv) The party requiring future expansion of the facility shall pay for such expansion of processing capacity; e ) THAT the Regional Chair and Clerk be authorized to execute the MOU, subject to review and approval by the Regional Municipality of Durham CAO, Commissioners of Works and Finance and the Regional Solicitor; f) THAT subject to approval of Recommendation b) above, the Regional Solicitor and Commissioners of Works and Finance be authorized to execute expanded and/or new agreements (to be shared 50/50 with York Region) with existing EFW consultants, in order to maintain continuity while advancing the EFW project, with agreements to include: i) Extension of the current contract with HRD Inc. including an increase for 2008 of up to $300,000 (excluding applicable taxes), to accommodate recent requirements by the Regions for extended technical support related to emission technology and limits, including additional meetings/discussions with regulatory bodies as well as to provide continue technical expertise to the Regions as required to accommodate negotiations and agreement finalization with the preferred vendor, subsequent to the RFP evaluation process; Council Meeting Minutes - 20- July 14, 2008 ii) Extension of the current contract with Deloitte and Touche LLP, with an increase for 2008 of up to $175,000 (excluding applicable taxes), to continue to provide financial advisory services and expertise to the Regions regarding commercial best practices, the power purchase agreement with the Ontario Power Authority, and to accommodate negotiations and finalization of commercial terms with the preferred vendor subsequent to the RFP evaluation process; iii) An increase in the 2008 EA Budget for public consultation (Genivar/Jacques Whitford) totaling up to $100,000 to accommodate expansion of the public consultation process beyond normal EA requirements, to ensure timely responses to concerns raised by Committee and Council delegations and other members of the public, and to include additional meetings, preparation and presentations, other than those originally contemplated; iv) Extension of the contract with the law firm Borden Ladner Gervais LLP, with an increase of up to $200,000 (excluding applicable taxes), to continue to provide legal expertise to the Regions, including the power purchase agreement with the Ontario Power Authority, post-RFP negotiations with the preferred vendor, and advice associated with respect to the Environmental Assessment and approvals process; and v) THAT the required scope and/or budget changes or new agreements, totaling $775,000 shared 50/50 with York Region, and as noted in Recommendations f), i) to iv) above, be financed from the 2008 Solid Waste Management Operations." Resolution #C-392-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item 1- 21 from P. M. Madill, Regional Clerk, Region of Durham with respect to the Energy-From-Waste Project detailed Business Case and Request for Proposals be received for information. "CARRIED" Council Meeting Minutes - 21 - July 14, 2008 1-22 Shawn D. Lumsden expressing concern that the wishes of local residents are not being considered with respect to the proposed Energy-From-Waste process. Mr. Lumsden indicates that people are requesting actions be taken to look into various issues with the processes, the levels of "acceptable emissions", the mathematics used in the business cases and many unanswered questions are being ignored. He submitted a list of 45 questions that he would like responses for and that he feels should have been answered before Councillors formulated decisions either for or against the proposals. Resolution #C-393-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item 1- 22 from Shawn D. Lumsden with respect to Energy-From-Waste be forwarded to the Region of Durham Planning Department for response; and THAT the Region be requested to provide the Municipality of Clarington with a copy of their response. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-394-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, including Hand-out Item D -19, with the exception of Items D - 1, D - 3, D - 4, and D - 9 to D - 19, inclusive. "CARRIED" D - 2 Julia Deans, CEO, Toronto City Summit Alliance, inviting the municipality to partner in "Greening Greater Toronto" - a two year project to address the GT A's environmental challenges and improve the environmental quality in the GT A, and to develop additional ways to help make the Toronto region the greenest big city region in North America. (Correspondence referred to the Director of Planning Services and to the Living Green Community Advisory Committee) Council Meeting Minutes - 22- July 14, 2008 D - 5 Gary Peters, Bowmanville Taxi, proposing changes to Section 22.1 and Schedule "C" of By-law 2005-205 concerning the model year restriction and rates and fares suggesting that no vehicle more than seven years old from the licensing year be registered for the first time as a taxicab and that no vehicle more than ten years old from the licensing year be licensed as a taxicab; and, that the drop rate be set at $2.75 and the rate of $2.10 per kilometre be set for three years and permit increments of $0.25. (Correspondence referred to the Municipal Clerk) D - 6 Ive Balins, Strategic Objectives, Crohn's and Colitis Foundation of Canada advising of the 4th Annual M & M Meat Shops National Family Dinner Night to be held on September 18, 2008, requesting a letter of support for this community-based initiative and requesting Council to proclaim September 18, 2008 as "National Family Dinner Night". M & M Meat Shops will be asking families to register their participation for this event at www.nationalfamilydinnerniqht.com and will donate $1 to the Crohn's and Colitis Foundation of Canada for every person who registers. (Proclaimed) D - 7 Sylvia Wagg, Oshawa Cycling Club, advising of the 25th Annual Scugog Circle Century Tour on Sunday, August 24, 2008, from 7:00 a.m. until 5:00 p.m. All tour routes begin and end at Durham College in Oshawa and the event is open to a maximum of 400 participants. (Approved, provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 8 Angie Darlison, Executive Director, Clarington Older Adult Association, requesting the Municipality's assistance in developing a strategic plan to address membership growth, facility availability and the potential need for satellite programming to assist the Association in continuing to implement their mission in promoting the well-being of older adults through the provision of affordable programs and activities. (Correspondence referred to staff) D - 1 Don Wright requesting installation of traffic signals at the intersection of King Avenue and Beaver Street in Newcastle to respond to the dangerous situation resulting from increasing traffic and high collision rates at the intersection. Council Meeting Minutes - 23- July 14, 2008 Resolution #C-395-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 1 from Don Wright requesting installation of traffic signals at the intersection of King Avenue and Beaver Street in Newcastle and additional correspondence dated July 10, 2008, from the Newcastle Business Improvement Area in support of the request, be referred to the Regional Municipality of Durham and to the Director of Engineering Services. "CARRIED" D - 3 Jennifer Cowie Bonne, Chair, Play Works, a group of organizations that are concerned about the future of youth and have joined forces to bring back the power of play to Ontario's young people, forwarding the 2008 application for the Youth Friendly Community Recognition Program; outlining the program eligibility and criteria; and, advising the application deadline is December 1, 2008. Resolution #C-396-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D - 3 from Jennifer Cowie Bonne, Chair, Play Works forwarding the 2008 application for the Youth Friendly Community Recognition Program be referred to the Director of Community Services and to the Firehouse Youth Centre Committee. "CARRIED" D - 4 Dr. Helena Jaczek, Parliamentary Assistant, Ministry of Health Promotion, advising of the implementation of the Ontario Trails Strategy, a long-term plan to establish strategic directions for planning, managing, promoting and using trails; encouraging municipalities to share trails data with the Ministry and to request local trail groups to do the same; and, enclosing information materials with instructions to assist with the process to map trails. Council Meeting Minutes - 24- July 14, 2008 Resolution #C-397 -08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 4 from Dr. Helena Jaczek, Parliamentary Assistant, Ministry of Health Promotion, with respect to the mapping component of the Ontario Trails Strategy be referred to the Director of Engineering Services and to the Durham Trails Committee. "CARRIED" Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 9 as members of her family are employed by General Motors of Canada Limited. Councillor Novak refrained from discussion and voting on this matter. D - 9 Jim Freeman, President, Durham Region Labour Council, advising Council that on June 10, 2008, the Durham Region Labour Council passed the following resolution pertaining to the closure of the Truck Plant at GM and the loss of Durham Region manufacturing jobs: "THAT Labour Council send a letter to all Durham Region politicians, Provincial, Federal and Municipal, asking them to support their community and actively oppose and take action to stop the closure of the Truck Plant at GM and to stop the Durham Region manufacturing job losses." Resolution #C-398-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence D - 9 from Jim Freeman, President, Durham Region Labour Council with respect to the closure of the Truck Plant at GM and the loss of Durham Region manufacturing jobs be received for information. "MOTION WITHDRAWN" Resolution #C-399-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Council of the Municipality of Clarington encourage General Motors of Canada Limited to work together with the Canadian Auto Worker's Union to establish a new product line to be built in the GM Truck Plant in Oshawa; and Council Meeting Minutes - 25- July 14, 2008 THAT they liaise with the Clarington Board of Trade, the Greater Oshawa Chamber of Commerce and the Durham Region Manufacturers' Association. "CARRIED" D - 10 Debbie Thompson, Legislative Co-ordinator, Town of Caledon advising Council that on June 10, 2008, the Town of Caledon passed the following resolution pertaining to tax-exempt allowances: "WHEREAS the Canadian Revenue Agency (CRA) limits the deduction of tax-exempt allowances paid by employers to employees using their personal vehicle for business purposes; and WHEREAS current CRA allowable deductions are already substantially below the Canadian Automobile Association's per kilometer vehicle costs; and WHEREAS over the past six months the retail price of a litre of gas has increased dramatically; NOW THEREFORE BE IT RESOLVED THAT Council for the Town of Caledon hereby requests CRA to increase the deduction limit of tax exempt allowance paid by employers to employees using their personal vehicle for business purposes from the current rate of 52 cents on the first 5,000 kilometers driven and 46 cents for each additional kilometer; and THAT copy of this resolution be forwarded to our MP, MPP, AMO, AMCTO and all Ontario municipalities requesting their support; and FURTHER a copy of this resolution be forwarded to the Canadian Revenue Agency for its consideration." Resolution #C-400-08 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution from the Town of Caledon with respect to tax-exempt allowances be received for information. "CARRIED" Council Meeting Minutes - 26- July 14, 2008 D - 11 Debbie Leroux, Clerk, Township of Uxbridge writing to the Honourable Dalton McGuinty, Premier of Ontario advising that on June 16, 2008, the Township of Uxbridge passed the following resolution pertaining to physician recruitment in the Township of Uxbridge: "WHEREAS the shortage of physicians in the Township of Uxbridge has been a concern for the physicians, the residents and the Council of the Township of Uxbridge; AND WHEREAS Uxbridge Cottage Hospital is facing a crisis in that it will not be able to provide adequate Physician coverage of its Emergency Department on an ongoing basis; AND WHEREAS area residents are sometimes unable to secure a family physician as many area physicians are unable to extend their practice to take on any new patients; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Township of Uxbridge urges the Premier of Ontario and the Minister of Health to action the following: 1. THAT the Province through the Minister of Health review the formula of providing incentive grants to individual doctors who set up practice in under serviced areas, and recommend that such funds would be better spent at the sources of the problem; 2. AND THAT although there has been some expansion in the enrollment opportunities in Ontario Medical Schools, it is still inadequate, and, given the length of time to train a family physician, the long term solution would be that the Province consider allocating necessary funds to address the lack of sufficient places in Medical Schools; 3. AND THAT the Minister of Health apply pressure on the College of Physicians and Surgeons of Ontario to speed up the accreditation process for foreign trained doctors (International Medical Graduates), and/or repatriated Canadian doctors, within expected standards of care; Council Meeting Minutes - 27- July 14, 2008 4. AND THAT the Minister continue to work with the Markham Stouffville Hospital executive to provide sustainable 24/7 coverage of the Emergency Department of the Uxbridge Cottage Hospital through the Health Force Ontario Emergency Department Coverage Demonstration Project, Health Care Providers or through other Ministry initiatives which may incorporate the use of other providers such as Nurse Practitioners or Physician Assistants; 5. AND THAT the Minister work with the Ontario Medical Association to review the remuneration of doctors providing Emergency care in rural community hospital emergency departments (the Alternative Funding Program), with the intention of offering them a competitive income, while providing our residents equal access to emergency healthcare; 6. AND THAT the Minister of Health review the method of remuneration based on volume (number of patients) as the practice is unsuitable and inequitable when applied to emergency room operation and does not support the objective to provide quality health care and instead, consider a formula that rewards quality not quantity." Resolution #C-401-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT the resolution from the Township of Uxbridge with respect to physician recruitment in the Township of Uxbridge be endorsed. "MOTION LOST" Resolution #C-402-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the Township of Uxbridge with respect to physician recruitment in the Township of Uxbridge be received for information. "CARRIED" Council Meeting Minutes - 28- July 14, 2008 D - 12 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW.STTP) advising the Federal Government is conducting a strategic review to determine if the public post office should continue to have an exclusive privilege to handle letters so that it has the money to provide universal service or should the letter market be open to competition; indicating the Union is concerned that the government's review includes an examination of deregulation and that it is not holding public hearings as part of its review and is simply asking individuals and groups to make submissions by September 2, 2008; and, requesting that the Municipality consider passing a resolution as follows to help preserve and improve the universal public postal system: "WHEREAS the Canada Post Corporation Strategic Review, which was launched by the federal government on April 21,2008, is looking at deregulating our public post office (i.e. reducing or removing Canada Post's exclusive privilege on letters); WHEREAS it will become increasingly difficult for our public post office to provide affordable service to everyone, no matter where they live, if the government erodes or eliminates the very mechanism that funds universal postal service - the exclusive privilege; WHEREAS postal deregulation in other countries has led to post office closures, less service, fewer jobs and higher postal rates for the public and small businesses; WHEREAS the government is not holding public hearings as part of its strategic review or adequately consulting with the real owners of the post office - the public: BE IT RESOLVED THAT send a letter or submission to the Canada Post Corporation Strategic Review opposing deregulation of Canada Post and insisting that the government hold public hearings and properly consult with the true owners of Canada Post - the public." Council Meeting Minutes - 29- July 14, 2008 Resolution #C-403-08 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Canadian Union of Postal Workers (CUPW.STTP) with respect to the preservation and improvement of the universal public postal system be received for information. "CARRIED" D - 13 Mayor Michael Harding, City of Woodstock, inviting the municipality to join Woodstock Mayor's Blackout Day Challenge, a friendly one- day competition on August 14, 2008, between noon and 8:00 p.m., to raise awareness of the need to reduce electricity demand and create permanent conservation reductions. The Independent Electricity System Operation (IESO) will prepare a template for measurement of last year's load with the August 14th load to provide a common platform guaranteeing a level playing field. Resolution #C-404-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 13 from Mayor Michael Harding, City of Woodstock regarding the "Blackout Day Challenge" be received for information. "CARRIED" D - 14 Melanie Hogeveen, Deputy Clerk, Municipality of Kincardine, advising Council that on June 23, 2008, the Municipality of Kincardine passed the following resolution regarding Physician Shortages in Ontario: "WHEREAS there is a Physician shortage in Ontario. AND WHEREAS this Physician shortage is particularly acute in rural and northern Ontario communities. AND WHEREAS the Physician shortage is predicted to worsen as senior Ontario Doctors retire. AND WHERAS the Physician shortage threatens the operation of hospitals and emergency rooms in rural and northern Ontario. Council Meeting Minutes - 30- July 14, 2008 AND WHEREAS there are hundreds of Internationally Trained Medical Doctors and Graduates residing in Ontario who have been denied the opportunity to practice medicine by cumbersome and antiquated medical licensing requirements. AND WHEREAS these Internationally Trained Medical Doctors and Graduates could be a tremendous asset in providing Healthcare, reducing the number of orphan patients and insuring the provision of emergency room services in Ontario communities. NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Kincardine supports the recommendations contained in the Report on Removing Barriers for International Medical Doctors by Etobicoke-Lakeshore M.P.P. Lauren Broten, Parliamentary Assistant to the Minister of Health and Long Term Care. AND FURTHER we encourage the Ontario Legislature to support this important legislation once introduced by Minister of Health George Smitherman as per his June 6/2008 announcement. AND FURTHER THAT this resolution be circulated to the Municipalities of Ontario for their support." Resolution #C-405-08 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolution from the Municipality of Kincardine with respect to Physician Shortages in Ontario be endorsed. "CARRIED" D - 15 Federation of Municipalities of Ontario (FCM) Municipal Marketplace advising of the release of the final report on the Auxiliary Role Project to Public Safety Canada in the early fall of 2008, which will contain draft legislation for a new Canadian Red Cross Act, with the broader policy objective being to build greater awareness among public authorities on the auxiliary role concept so that the CRC can assist governments in executing what are shared humanitarian objectives and suggesting should the Municipality wish to support the CRC Auxiliary Role Project Council, may consider passing the following resolution: Council Meeting Minutes - 31 - July 14, 2008 "WHEREAS the Canadian Red Cross is celebrating the 100th anniversary of its creation as a national non-profit volunteer humanitarian organization under The Canadian Red Cross Society Act. 1909; AND WHEREAS, under national and international law, the Canadian Red Cross and other National Red Cross and Red Crescent Societies are considered auxiliary to the public authorities in the humanitarian field; AND WHEREAS, the mandate of the Canadian Red Cross is to: "In time of peace or war to carryon and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world"; AND WHEREAS millions of Canadians and beneficiaries in other countries have been assisted by the Canadian Red Cross for over a century through programs aimed at disaster assistance, emergency preparedness, international aid, assistance and development, health, injury prevention and the promotion of international humanitarian law and humanitarian values; AND WHEREAS the Canadian Red Cross' Auxiliary Role Project seeks to revitalize the relationships with public authorities at the federal, provincial, territorial and municipal levels so as to better serve the needs of humanity; BE IT RESOLVED THAT the Council of the city/township/ municipality of expresses its support for the auxiliary Role Project and in particular the renewal of the framework for cooperation between public authorities and the Canadian Red Cross to better address the humanitarian challenges of the 21 st century by: a) working to reinforce the status and roles of the Canadian Red Cross as auxiliary to public authorities in the humanitarian field; b) and reviewing existing measures, arrangements and instruments supporting the relationship." Council Meeting Minutes - 32- July 14, 2008 Resolution #C-406-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT resolution of the Canadian Red Cross Auxiliary Council with respect to support for the auxiliary Role Project be endorsed. D - 16 "CARRIED" The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trust advising of the Ontario Heritage Award for Community Leadership, a new category of Lieutenant Governor's Ontario Heritage Awards to recognize communities in Ontario that have a proven track record of heritage promotion and conservation; attaching an information sheet on nomination requirements; and, advising the deadline for nominations is Friday, September 26, 2008. Resolution #C-407 -08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 16 from The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trust with respect to the Ontario Heritage Award for Community Leadership be referred to the Director of Planning Services and to the Clarington Heritage Committee for report back to the General Purpose and Administration Committee on September 8, 2008; and THAT a copy of Correspondence Item D - 16 be forwarded to Bowmanville's 150th Sesquicentennial Organizing Committee. D - 17 "CARRIED" Mayor Marolyn Morrison, Town of Caledon, writing to the Honourable Dalton McGuinty advising that the Town of Caledon and its elected Council are the subject of threats to personal safety and lawsuits as a result of changes in provincial policy and legislation denying developers an established method of reversing municipal council decisions; advising of the challenges arising from the implementation of provincial growth legislation such as the Places to Grow Act and the Bill 51 amendments to the Planninq Act: and, requesting the Premier to appoint a commission to conduct a provincial public inquiry to remove the innuendo and confrontation in the current development processes and to restore and maintain public confidence in good government in Ontario and its municipalities. Council Meeting Minutes - 33- July 14, 2008 Resolution #C-408-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D -17 from Mayor Marolyn Morrison, Town of Caledon with respect to the challenges arising from the implementation of provincial growth legislation and the request for a public inquiry be received for information. D - 18 "CARRIED" Dr. Michael Murphy, Chairman, Sport Alliance of Ontario, advising the sportalliance delivers six multi-sport Games showcasing Ontario's athletes and communities and has forwarded a copy of the Ontario Games Bid Guidelines for upcoming Games in 2010-2011 to the Director of Community Services; encouraging the municipality to be a part of the Ontario Games Program and noting that sportalliance staff are available to assist with any questions regarding the bid process. Resolution #C-409-08 Moved by Councillor Trim, seconded by Councillor Hooper THAT Correspondence Item D - 18 from Dr. Michael Murphy, Chairman, Sport Alliance of Ontario with respect to the Ontario Games Program be received for information. D - 19 "CARRIED" Flora and Clifford Curtis thanking Council for granting permission to hold a Family Reunion Fireworks Display on Saturday, July 19, 2008; advising that due to a change in plans they are requesting permission to change the date of the Fireworks Display to Friday, July 18, 2008. (Emergency and Fire Services and the Municipal Law Enforcement Division have no concerns with the request to change the date.) Resolution #C-41 0-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT the request submitted by Flora and Clifford Curtis to amend the permit date to conduct a Fireworks Display from Saturday, July 19, 2008 to Friday, July 18, 2008, be approved. "CARRIED" Council Meeting Minutes - 34- July 14, 2008 COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report July 7,2008 Resolution #C-411-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report # 1 be amended to add: "Item 39 - Confidential Property Item - Verbal Report from the Director of Planning Services"; and THAT General Purpose and Administration Committee Report of July 7,2008, be approved with the exception of Items #1 (d), #9, and #28. "CARRIED" Item # 1( d) Resolution #C-412-08 Moved by Councillor Trim, seconded by Councillor Novak THAT Report CSD-019-08 be received for information; and THAT the Official Opening of the Newcastle & District Recreation Complex be scheduled for late September, 2008. "MOTION LOST" Resolution #C-413-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CSD-019-08 be received for information. "MOTION CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ...j Councillor Hooper ...j Councillor Novak ...j Councillor Robinson ...j Councillor Trim ...j Councillor Woo ...j Mayor Abernethy ...j Council Meeting Minutes - 35- July 14, 2008 Item #9 Resolution #C-414-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Report PSD-077 -08 be tabled until the September 22, 2008, meeting of the General Purpose and Administration Committee. "CARRIED" Item #28 Resolution #C-415-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-047 -08 be received; THAT the Manager of Purchasing be authorized to continue with the formal negotiations of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008 to December 31, 2011; THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor; and THAT the By-law marked Schedule "A" to Report COD-047 -08, authorizing the Mayor and the Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded to Council for approval. "MOTION CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ...j Councillor Hooper ...j Councillor Novak ...j Councillor Robinson ...j Councillor Trim ...j Councillor Woo ...j Mayor Abernethy ...j Council Meeting Minutes - 36- July 14, 2008 STAFF REPORTS 1. Report CLD-022-08 - Phoenix Transportation Property Concerns Resolution #C-416-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the deadline for compliance with the Notice issued by the Municipal Law Enforcement Division concerning a property located at 120 Princess Street in Orono be extended to a maximum of 24 months. "MOTION WITHDRAWN" Resolution #C-417 -08 Moved by Councillor Novak, seconded by Councillor Trim THAT Report CLD-022-08 be received; and THAT the deadline for compliance with the Notice issued by the Municipal Law Enforcement Division concerning a property located at 120 Princess Street in Orono be extended to a maximum of 12 months. "CARRIED" 2. Confidential Verbal Report of the Chief Administrative Officer regarding a Negotiation Update. 3. Confidential Report PSD-084-08 regarding a Property Matter. Resolution #C-418-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Staff Report # 2 - Confidential Verbal Report of the Chief Administrative Officer regarding a Negotiation Update and Staff Report #3 - Confidential Report PSD-084-08 regarding a Property Matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There were no Notices of Motion previously given. Council Meeting Minutes - 37- July 14, 2008 UNFINISHED BUSINESS Resolution #C-419-08 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report PSD-076-08 and Addendum to PSD-076-08 be received; THAT the Clarington Official Plan be amended as shown in Attachment 3 to Report PSD-076-08 to permit a minor expansion to the Bond Head Rural Cluster as proposed by the application submitted by Barr's Developments Limited, and that the necessary by-law be passed; THAT Council provide for the draft approval prior to the closing and conveyance of the Darcy Street road allowance and require cash-in-lieu of parkland dedication; THAT conditions 8 and 14 of Attachment 5 to PSD-076-08 be amended as follows: i) "8. The unopened road allowance situated within the subject lands must be legally closed and conveyed into private ownership prior to final approval of this plan. The Owner will be required to obtain the approval of the Council of the Municipality of Clarington for the proposed road closure and meet all municipal policy requirements pertaining to the legal closure of the road allowance." ii) "14. The Owner is required to provide the appropriate cash-in-lieu of the parkland dedication as required under the Planning Act." THAT the application for proposed draft Plan of Subdivision S-C-2006-0002 submitted by Barr's Developments Limited be approved, subject to the conditions as contained in Attachment 5 to Report PSD-076-08 as amended; THAT the Zoning By-law Amendment application submitted by Barr's Developments Limited be approved, as contained in Attachment 6 to Report PSD-076-08; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2006-0002 and the Municipality of Clarington be approved as contained in Attachment No.7 to Report PSD-076-08; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum to Report PSD-076-08 and Council's decision; and Council Meeting Minutes - 38- July 14, 2008 THAT all interested parties listed in Addendum to Report PSD-076-08 and any delegation be advised of Council's decision. "CARRIED" BY-LAWS By-laws 2008-132, 2008-133 and 2008-134 were withdrawn as a result of the tabling of Report PSD-077 -08. Resolution #C-420-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-125 to 2008-131,2008-135 to 2008-150, and By-law 2008-152; 2008-125 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Black Creek Developments Ltd.) 2008-126 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Cindy Scott) (2377 and 2379 Highway 2 and 100 Clarington Boulevard) 2008-127 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Prestonvale Heights Limited) 2008-128 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 East Limited) 2008-129 Being a by-law to adopt Amendment No. 63 to the Clarington Official Plan (Barr's Developments Limited) 2008-130 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Barr's Developments Limited) 2008-131 Being a by-law to authorize entering into an agreement with the Owners of draft plan S-C-2006-0002, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2006-0002 (Barr's Developments Limited) Council Meeting Minutes 2008-135 2008-136 2008-137 2008-138 2008-139 2008-140 2008-141 2008-142 2008-143 - 39- July 14, 2008 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (2117412 Ontario Limited And Pointe Of View Developments (Stonecreek Pointe) Inc.) Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (2117412 Ontario Limited And Pointe Of View Developments (Stonecreek Pointe) Inc.) Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Patricia Stephenson) Being a by-law to authorize the execution of Minutes of Settlement between the Municipality of Clarington and the Estate of Richard Joseph Pajdo and Henryka and Tadeusz Jurski of claims arising out of the expropriation of 774 Martin Road, Bowmanville Being a by-law to stop up and close as a public highway portions of road allowance and to authorize the conveyance of Parts 10 & 12 on Registered Plan 10R-687 and Part 8 on Registered Plan 1 OR-619 to Cameco Corporation Being a by-law to authorize the execution of an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Baysong Developments Inc. for the purpose of pregrading a future development site in the Northglen West Neighbourhood Being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Canadian Pacific Railway Company for the purpose to widen Mearns Avenue through the crossing at grade across the railway at Mileage 162.92, Belleville Subdivision Being a by-law to appoint an individual as Parking Enforcement Officer (Davi Sinde) Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and Community Care Durham, Bowmanville, Ontario, to enter into agreement for the lease space at Garnet B. Rickard Recreation Complex, 2440 King Street West, Bowmanville, Ontario Council Meeting Minutes 2008-144 2008-145 2008-146 2008-147 2008-148 2008-149 2008-150 2008-152 - 40- July 14, 2008 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd, Gormley, Ontario, to enter into agreement for the Construction of Knox Neighbourhood Park, Bowmanville Ontario Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Bowmanville Tennis Club, Bowmanville, Ontario to enter into agreement for the lease space at the Clarington Beech Centre, 26 Beech Avenue, Bowmanville, Ontario Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and the Region of Durham, Lake Front Municipalities and First Base Solutions Inc. to enter into agreement for the purchase of Orthophotography Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and Clarington Kids Inc., Courtice, Ontario, to enter into agreement for the lease space at Courtice Community Complex, 2950 Courtice Road North, Courtice, Ontario Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (W. Michael Armstrong) Being a by-law to appoint an acting Head of Council to act in the place of the Head of Council for the Municipality of Clarington and to amend By-law 2006-217 Being a by-law to authorize an agreement to facilitate a land acquisition Of 71 Old Kingston Road in Courtice as detailed in the confidential verbal report of the Director of Planning Services on July 7, 2008 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Michael Murray) (2377 and 2379 Highway #2 and 100 Clarington Boulevard); and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 41 - July 14, 2008 NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Novak advised of the Regional Services Property Services Update available July 10 to 13 and that she has a phone number if anyone has questions. Resolution #C-421-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting be "closed" in order to consider a confidential Verbal Report of the Chief Administrative Officer regarding the Host Community Agreement Negotiations Update and Confidential Report PSD-084-08 regarding a Property Matter. "CARRIED" The meeting resumed in open session at 10:04 p.m. STAFF REPORTS (cont'd) 2. Confidential Verbal Report of the Chief Administrative Officer regarding a Negotiation Update Resolution #C-422-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Confidential Verbal Report of the Chief Administrative Officer regarding the Host Community Agreement Negotiations Update be received for information. "CARRIED" 3. Confidential Report PSD-084-08 regarding a Property Matter Resolution #C-423-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-084-08 be received and approved; THAT the Minutes of Settlement between Chigweyaru Agbaru, Thomas Damon Cauchon and the Municipality of Clarington contained in Attachment 1 to Report PSD-084-08 be approved; Council Meeting Minutes - 42- July 14, 2008 THAT a by-law be passed authorizing the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute the Minutes of Settlement contained in Attachment 1 to Report PSD-084-08; and, THAT the amount of compensation to be paid to Chigweyaru Agbaru and Thomas Damon Cauchon or to their written direction pursuant to the Minutes of Settlement for the release of all their claims arising out of the expropriation in the total amount of $272,171.21 leaving the balance of compensation to be paid by the Municipality of $36,750.00 plus appraisal costs of $25,862.00 and the reasonable legal costs that have been incurred by them as determined by the Director of Planning Services in consultation with the Municipality's Solicitor. These funds are to be paid out of the Land Acquisition Account. "CARRIED" BY-LAWS (cont'd) Resolution #C-424-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By- 2008-151; 2008-151 Being a by-law to authorize the execution of Minutes of Settlement between the Municipality of Clarington and Chigweyaru Agbaru and Thomas Damon Cauchon of claims arising out of the expropriation of 50 East Beach Road, Bowmanville; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" . . . Council Meeting Minutes - 43- July 14, 2008 CONFIRMING BY-LAW Resolution #C-425-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-153, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of July, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-426-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 10:07 p.m. {;;J --