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HomeMy WebLinkAbout09/15/2008 Council Meeting Minutes SEPTEMBER 15,2008 Minutes of a regular meeting of Council held on September 15,2008, at 7:00 p.m., in the Council Chambers. Councillor Novak 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 Acting Chief Administrative Officer/Director of Corporate Services and Human Resources, M. Marano Manager of Transportation and Design, L. Benson, attended until 8:20 p.m. Director of Community Services, J. Caruana, attended until 8:20 p.m. Manager of Communication & Marketing, J. Cooke, attended until 7:39 p.m. Director of Planning Services, D. Crome, attended until 8:50 p.m. Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 8:20 p.m. Corporate Safety & Project Manager, B. Taylor, attended until 7:39 p.m. Director of FinancelTreasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir, attended until 8:20 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:20 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Correspondence Item I - 31 and Staff Report #2. Council Meeting Minutes - 2 - September 15, 2008 ANNOUNCEMENTS Councillor Hooper stated he was very proud that the Region of Durham was acknowledged at the annual Association of Municipalities of Ontario (AMO) Conference for several of their initiatives, including the new Material Recovery Facility in Whitby which was made possible through the Federal Gas Tax Fund, and announced that the Town of Ajax received an AMO Federal Gas Tax award for its LEED Certified Fire and Emergency Services Headquarters. Councillor Hooper also congratulated Regional Chair, Roger Anderson for being named to the AMO Honour Roll, which recognizes those who have gone beyond their normal roles and responsibilities in advocating for the betterment of municipal government and service to communities. Councillor Hooper also announced the following events he attended: . Opening of the new TD Canada Trust Branch located at Longworth and Liberty Streets. He also advised that a $5,000 cheque was provided to Frank Lockhart for Valleys 2000. . Hampton Family Day . Opening of two Federal constituency offices - Conservative Candidate Bev Oda and Liberal Candidate Bryan Ransom Councillor Novak announced the following: . The Clarington Older Adult's Association are celebrating their 10th Anniversary at the Beech Centre with a variety of events including an Open House, Pancake Breakfast, Lunch, Anniversary Celebrations and Gala Dinner and Dance. Tickets for the dinner/dance are $25 per person. Ticket information is available at the Centre. . Councillor Novak thanked Mary Tilcock, Organizer, and the volunteers involved in the Terry Fox Run. Councillor Robinson announced the following: . On Thursday evening he will be representing the Mayor at the "Take Back the Night" march, an annual event held all over the world to raise awareness and support of a safer community for all. . The Newcastle Fall Festival will be held on October 4,2008, and will include a Greek Feast fundraising event at the Newcastle Town Hall. Tickets are $25 per person with proceeds in support of the Newcastle Walk for Guide Dogs and the Terry Fox Campaign. Council Meeting Minutes - 3 - September 15, 2008 Councillor Woo announced the following: . Lakeridge Health Bowmanville will host their annual golf tournament on Thursday, September 18, 2008, with proceeds in support of the hospital's redevelopment initiative. . On Friday, September 19, 2008, Big Brothers and Big Sisters of Clarington will host their annual Golf for Kids' Sake Tournament at the Newcastle Golf & Country Club. . On Saturday, September 20,2008, the Durham Regional Police Service will hold their annual Charity Baseball Tournament to benefit Luke's Place. . St. Marys Cement is celebrating their 40th Anniversary with their Annual Open House being held on Saturday, September 19, 2008. . The official re-opening of Langes Photo Source in the Mearns Avenue Plaza will take place on Saturday. Councillor Woo extended best wishes and continued success to the owners. Mayor Abernethy announced the following: . The 11th Annual Tee Off Fore Health Golf Tournament will be held at the Newcastle Golf and Country Club on September 18, 2008. . The Orono Chili Cook-Off will be held on Saturday, September 19, 2008. . Today he attended a luncheon at the Newcastle Town Hall hosted by Ontario Power Generation to celebrate OPG's award of the New Nuclear build project at the Darlington site. . The Knox Christian Golf Tournament will be held September 16, 2008 at the Newcastle Golf and Country Club. MINUTES Resolution #C-430-08 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on July 14, 2008, be approved. "CARRIED" Council Meeting Minutes - 4 - September 15, 2008 PRESENTATIONS The Honourable Steven W. Mahoney PC, Chair, Workplace Safety & Insurance Board (WSIB) addressed Council to present the WSIB "Community Workplace Health and Safety Charter" initiative launched last year. Mr. Mahoney introduced Bill Blackborow, President and CEO, Municipal Health and Safety Association of Ontario (MH & SAO), Ingrid Kalnins, Area Manager, MH & SAO and Michelle Clarke, Manager of Service Delivery for the Municipal Sector, WSIB. He outlined the principles supporting the Charter noting in 2006 and 2007, Ontario municipalities paid $123 million in premiums or health care costs. Mr. Mahoney stated WSIB receives approximately 360,000 claims per year with 100 workers on average killed on the job each year and 250 who die as a result of occupational disease. He stated the "Road to Zero" Campaign has been successful in driving the numbers down, but not nearly enough. Mr. Mahoney commended the Municipality in being the first employer in Ontario to attain 100% on a workwell audit and congratulated Council and staff on their dedication to health and safety. Mr. Mahoney requested Council to affirm their commitment to health and safety by signing the Community Workplace Health & Safety Charter and help spread the word on the "Road to Zero". A short video clip entitled "The Chef" based on real- life incidents that take place in the workplace was played. Resolution #C-431-08 Moved by Councillor Woo, seconded by Councillor Trim WHEREAS the Council of the Corporation of the Municipality of Clarington recognizes the principle that engaging senior community leadership in all sectors is fundamental to ensuring real change occurs in eliminating workplace injuries in our community and WHEREAS the Council of the Corporation of the Municipality of Clarington accepts that effectively managing workplace health, safety and wellness is essential for our community's continued social welfare and economic success and WHEREAS the Council of the Corporation of the Municipality of Clarington recognizes that the involvement of all sectors of our community at every level in the workplace is a prerequisite to eliminating workplace injuries in the Municipality of Clarington. Therefore be it resolved, THAT the Council of the Corporation of the Municipality of Clarington supports the Workplace Safety and Insurance Board's Community Workplace Health and Safety Charter and further, Council Meeting Minutes - 5 - September 15, 2008 THAT the Council of the Corporation of the Municipality of Clarington is committed to actively participating within a learning community that provides and receives best practices for the enhancement of employee physical, social and mental wellbeing in all employment sectors within our community. "CARRIED" Mayor Abernethy and the Honourable Steven W. Mahoney signed the Community Workplace Safety Charter. Mayor Abernethy extended congratulations to Bruce Taylor, Corporate Safety & Project Manager for his efforts. Pat McNeil, Senior Vice President, Nuclear Generation Development, Ontario Power Generation, addressed Council to provide a project update on the New Nuclear at Darlington Environmental Assessment. Through use of a PowerPoint presentation Mr. McNeil provided an overview of the project, the status of the Environmental Assessment schedule and timelines, shared feedback from the last community information session and provided a review of next steps. Mr. McNeil noted that in June, 2008, confirmation was received that OPG would be the operator for the new nuclear units at the Darlington site. He advised Infrastructure Ontario is leading a competitive process to select a nuclear reactor vendor and technology to construct two units of the new plant, recognizing three international vendors are participating in the process. Mr. McNeil stated selection of the preferred vendor is expected by March 2009 and pending approvals, the first unit is to be operational in 2018. He provided a review of the principle buildings and structures and identified three potential site layouts. Mr. McNeil advised that OPG has completed baseline data collection for most of the areas of study in the Environmental Assessment and are screening for potential project-environmental interactions for both site preparation and construction and operation and maintenance and are developing potential mitigation measures. Mr. McNeil advised that the kiosk has received approximately 150 to 250 visitors per month and most questions revolve around employment opportunities. He confirmed OPG's goal to have an informed community through the continuation of key stakeholder briefings. Mr. McNeil advised that OPG's schedule is determined by the Infrastructure Ontario schedule noting in mid-2009, OPG will submit their impact statement for review. This review may take up to 24 months before a recommendation is made to Cabinet on whether the project will proceed. Mr. McNeil indicated that OPG will provide Council with another update on the project next spring and urged members of the public to view their website at www.opq.com/newbuild or call 1-866-487-6006 for further information. DELEGATIONS There were no delegations introduced under this section of the Agenda. Council Meeting Minutes - 6 - September 15, 2008 Resolution #C-432-08 Moved by Councillor Novak, seconded by Councillor Trim THAT the order of the Agenda be altered to allow for consideration of Correspondence Item 1-31 following Committee Report #1. "CARRIED" COMMUNICATIONS Resolution #C-433-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items, I - 17, I - 21, 1- 24 and 1-31. "CARRIED" I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated June 19, 2008. I - 2 Minutes of the Newcastle Community Hall Board dated May 20, 2008. I - 3 Minutes of the Ganaraska Region Conservation Authority dated June 19, 2008. 1-4 Minutes of the Kawartha Conservation Authority dated May 7,2008. I - 5 Rebecca Tomlin, Public Health Nurse, Durham Region Health Department, forwarding an informational brochure on the Durham Region Food Charter, a community vision created to outline the beliefs of residents about food and the food system in Durham, and providing an overview of the Food Charter, how it can be used throughout the community and how to access it. Further information about the Charter is available at www.durhamlives.orq or by calling 1-800-841-2729. I - 6 Federation of Canadian Municipalities (FCM) Centre for Sustainable Community Development, announcing FCM has launched a new Green Municipal Fund (GMF) financing opportunity for the remediation of brownfield sites, water projects that improve effluent quality from municipal wastewater treatment systems, and municipal studies and projects related to sustainable transportation in which up to $20 million in low-interest loans, $400,000 for each eligible project Council Meeting Minutes - 7 - September 15, 2008 will be made available to municipal governments and their partners. Applications will be received and processed continuously after July 10, 2008 with each application assessed individually on its own merits. Questions relating to GMF funding opportunities should be directed to Monique Delinelle, Application Coordinator at 613-241-5221, ext. 357 or at mdelinelle@fcm.ca. I - 7 The Honourable Donna Cansfield, Minister of Natural Resources, advising of the enactment of Ontario's new Endangered Species Act, 2007 advising habitat protection provisions of the Act are similar to those provided to threatened and endangered species under the Provincial Policy Statement and that regulatory provisions and policies have been developed under the new Act to ease the transition from the Old Act to the new one and training will be scheduled to help municipalities understand in detail how the Act will likely affect municipal planning. Further information is available by contacting local MNR offices or Karen Bellamy, Section Manager, Species at Risk at 705-755-1727. 1-8 Kerry Meydam forwarding a media release from the Region of Niagara dated July 11, 2008 advising that members of the Niagara- Hamilton WastePlan Joint Working Group have accepted the recommendations of a staff report calling to focus on waste diversion priorities and end the agreement between the two municipalities for the Environmental Assessment (EA) Study for disposal alternatives. Niagara Region and the City of Hamilton continue to be committed to 65% diversion from landfill and are focusing their energies on achieving that goal. 1-9 John R. O'Toole, MPP, Durham, responding to Mayor Abernethy's correspondence regarding the "Green Shift" policy; forwarding information on the Province's $20 million Municipal Eco Challenge Fund, wherein municipalities can apply for grants to cover up to 50% of the cost of innovative energy retrofits to a maximum of $500,000; advising of the opportunity for community groups and municipalities to apply for funding to switch to a lower carbon lifestyle through the Community GO Green Fund; and, encouraging Clarington's Living Green Committee to monitor the Ministry of the Environment website and related links at www.ene.qov.on.ca for recent developments. I - 10 The Honourable Dalton McGuinty, Premier of Ontario, extending appreciation to Council for supporting a new two-unit nuclear generating station for the Darlington site; and advising that the Government remains committed to ensuring a balanced, stable, clean energy mix that will serve the Province's needs. Council Meeting Minutes - 8 - September 15, 2008 I - 11 Martha A. Pettit, Deputy Clerk, Town of Whitby, advising that on July 7,2008, the Town of Whitby passed the following resolution pertaining to the Durham Region Official Plan Review: Protecting for Future Transit Station at Lakeridge Road and Highway 401: "1. THAT Durham Region provide, by amendment to the Durham Region Official Plan, for the designation of lands to identify and protect for the establishment of a future major transit station at Lakeridge Road and Highway 401 to serve the future residents of Durham's Whitby and its neighbouring municipalities; and, 2. THAT all area Municipalities be copied with Council's resolution." I - 12 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade, extending appreciation to Mayor Abernethy for participating in the in camera session with the Honourable Sandra Pupatello, Minister of Economic Development and Trade on June 24, 2008, which provided representatives from all sectors and geographic areas of Clarington with the opportunity to bring Clarington's goals to the Minister's attention; and advising that a copy of the list of issues discussed has been sent to Minister Pupatello; and, that the Board of Trade will be following up with the Minister's office to ensure that Clarington's message has been brought to the attention of other Ministries as necessary. I - 13 Kathy Kielt, Committee Clerk, Regional Municipality of Halton, advising Council that on July 16, 2008, Halton Region passed the following resolution pertaining to the Reach Out Centre for Kids (ROCK): "1. THAT the Memorandum from the Commissioner and Medical Officer of Health re: Delegation - July 8th Health and Social Services Committee Meeting, and the presentation from the Reach Out Centre for Kids (ROCK) be received. 2. THAT staff be directed to report back on the feasibility of establishing a Task Force to address Youth Mental Health. 3. THAT this resolution be circulated to GT A Mayors and Chairs and to Halton MPs and MPPs." A copy of the presentation of Ron Rodgers, Executive Director of Reach Out Centre for Kids providing an overview of the programs, services and challenges of the organization was enclosed for information. Council Meeting Minutes - 9 - September 15, 2008 1-14 John O'Toole, MPP, Durham, writing to the Honourable John Gerretsen, Minister of the Environment forwarding a copy of the Township of Uxbridge's resolution supporting the resolution from the Corporation of the Nation Municipality regarding compensation to property owners for loss of land use/enjoyment resulting from initiatives under the Clean Water Act; and advising he is of the opinion that any provincial initiative that removes land from its current use should acknowledge property rights and that there needs to be some form of appeal or dispute resolution attached to laws that impact a citizen's rightful enjoyment and use of their property. I - 15 Brian Brasier, Executive Director, Friends of Second Marsh, thanking Council for their generous support that together with their volunteers and staff, enabled Friends of Second Marsh to raise approximately $5000 from activities they hosted on July 6 and 7, 2008 during the Great Waterfront Trail Adventure, an eight-day 680 km end-to-end cycling trip on the Waterfront Trail; and advising that the Adventure provided the opportunity to showcase and raise awareness in the community of the Second Marsh Wildlife Area, the McLaughlin Bay Wildlife Reserve and Darlington Provincial Park. I - 16 Dr. Helena Jaczek, Parliamentary Assistant, Ministry of Health Promotion, thanking the municipality for their efforts in helping the Ministry to collect local information for the mapping component of the Ontario Trails Strategy, which will help to maximize the use of trails to improve the overall health and well-being of Ontarians and to bring social, economic and tourism benefits to communities across the province. I - 18 Kathy Shaver, Vice President, Corporate Affairs, Nuclear Waste Management Organization (NWMO), forwarding a copy of their "Implementing Adaptive Phased Management 2008 to 2012" plan, providing an overview of the NWMO Adaptive Phased Management, reconfirming and demonstrating NWMO's commitment to engaging and collaborating with Canadians in designing the process for deciding where to contain and isolate Canada's used nuclear fuel; and forwarding a copy of NWMO's Transparency Policy, June 2008. I - 19 Jean Leclerc, Chairman of the Board, Societe du 400e anniversaire de Quebec extending appreciation to all cities, communities and bell ringers for participating and supporting the celebration on July 3, 2008, marking the arrival of Samuel de Champlain at Quebec 400 years ago. Council Meeting Minutes - 10- September 15, 2008 I - 20 Debi A. Wilcox, City Clerk, City of Pickering, advising Council that on July 14, 2008, the City of Pickering passed the following resolution pertaining to the Region of Durham's Growth Plan Implementation Study: "1. THAT Report PD 32-08 of the Director, Planning & Development, regarding the Growth Scenario Working Paper, dated June 13, 2008, presenting the outcomes of Phases 3 & 4 of the Region of Durham's Growth Plan Implementation Study be received; 2. THAT the comments contained in Report PD 32-08 on the Recommended Preferred Growth Scenario for the Region of Durham Growth Plan Implementation Study be endorsed, and that the Region of Durham be requested to: a) Support the land use structure with Planning Committee directions noted, shown on Figure 13 B and provided as Attachment #2 to Report PD 32-08 with the following further refinements: . Increase the depth of the future Employment Areas in Pickering along Highway 407, east of Westney Road, to 1,000 metres south of Highway 407 between the Greenwood and Kinsale areas and in the vicinity of Lakeridge Road and the connector to Highway 401 ; . Support the designation to future Employment Areas of the remnant parcel of "whitebelt" lands located east of the future potential airport site; and . Expand to the south the Future Centres designations, currently shown at the two intersections of the Seventh Concession Road with Salem and Lakeridge Roads, to incorporate the Highway 407 transitway stations and adjacent lands, thereby allowing mixed residential, commercial and high intensity office uses, and consider designation of a future transit village on the south side of the Highway 407 transitway; Council Meeting Minutes - 11 - September 15, 2008 b) In updating the population and employment tables for Pickering to reflect Planning Committee's revisions to the Recommended Preferred Growth Scenario, increase the employment figures for Pickering to include the 35,000 jobs identified by the Provincial Central Pickering Development Plan for Seaton, and allocate jobs arising from the future Employment Areas, future Living Areas and intensification in South Pickering, at a ration of no less than one job for each three new residents as is applied across the rest of the Region, as further clarified in Section 2.6 to Report PD 32-08; c) In detailing the policies for the Recommended Preferred Growth Scenario, . Establish strong phasing policies respecting the timing and process for local municipalities to bring new "whitebelt" lands into the urban area in order to address the logical and orderly provision of infrastructure and phasing of growth with municipal fiscal priorities; . Establish new policies prohibiting large format retailing within future Employment Areas; . Establish strong phasing policies respecting future Living Areas that may be affected by incompatible noise from a possible future Pickering airport so as to prevent residential or other noise sensitive uses from being established until resolution of the appropriate noise protection standard and a decision on the development and timing of the possible airport are reached; and . Better clarify the different characteristics of Transit Villages, Urban Notes, Future Centres and Waterfront Villages; d) With respect to strategic future Employment Areas needed beyond 2031, work with the Ministry of Public Infrastructure Renewal to establish policies permitting the Region to acknowledge as part of current Regional Plan conformity amendment, the long term intended use for these lands as future Employment Areas; e) Support the City of Pickering in its request to the Ministry of Transportation in commenting on the Highway 407 Environmental Assessment, to relocate the proposed Highway 407 maintenance yard from the south side of the proposed interchange with Salem Road to allow maximum intensification around the Highway 407 transitway; Council Meeting Minutes - 12 - September 15, 2008 f) Obtain from Urban Strategies Inc. and forward to area municipalities the detailed information on the amount, types and locations of intensification projected for the existing urban areas used in the background work not contained in the Working Paper; g) Support the production of a financial impact study of the Preferred Growth scenario; h) Support the updating of the watershed plans with the Toronto Region Conservation Area as appropriate; and i) That the City of Pickering request the Regional Municipality of Durham to hold a public open house in Pickering prior to the next phase of the study. 3. FURTHER, that a copy of Report PD 32-08 and Pickering Council's resolution on the matter be forwarded to the Region of Durham, Urban Strategies Inc., other Durham Area Municipalities, the Ministry of Energy & Infrastructure, the Ministry of Municipal Affairs and Housing, and the Ministry of Transportation." 1-22 Adam McAllister, Rabies Research and Development Unit, Ontario Ministry of Natural Resources, advising that the province has started its annual wildlife rabies control operations for 2008; forwarding an information package containing a map of rabies control operations for 2008, a News Release - Controlling Disease with Rabies Baits and Fact Sheets "Protecting Your Family and Your Pets Against Rabies" and "Controlling Disease with Rabies Baits"; and advising that the Ministry is committed to the research, control and eradication of rabies in Ontario, thereby protecting the health and safety of the public, their pets and the wildlife of Ontario. I - 23 Peter Zakarow, Chair, Conservation Review Board, forwarding information on how to contact the Board to engage its services on all properties where an objection arises to a Notice of Intention to Designate and advising of the hiring of Alexander Pitt, Case Coordinator, who is the main point of contact for all board inquiries and who can be reached by telephone at 416-326-3594 or by fax at 805-326-6209. Council Meeting Minutes - 13 - September 15, 2008 1-25 John O'Toole, MPP, Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, forwarding resolutions from the Municipality of Clarington and the Region of Durham in support of an Ontario Economic Summit to bring together business, labour, elected officials and First Nations from across the Province to develop "Made in Ontario" economic and environmental strategies; indicating the loss of more than 200,000 jobs in the manufacturing sector and the closure of the GM truck plant in Oshawa is cause for concern; and, hoping that the Province agrees that the time is right for a summit that would place Ontario on a course for recovery, growth and opportunity for the future. I - 26 John O'Toole, MPP, Durham, writing to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, forwarding a resolution from the Municipality of Clarington in support of a motion from the City of Waterloo requesting clarification and confirmation of the 2008 municipal road and bridge infrastructure investment; requesting the Province's response to the Waterloo resolution; and, questioning what steps the government will take to provide long-term, sustainable funding and when the recommendations of the Provincial Municipal Fiscal and Service Delivery review will be made public. I - 27 The Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities thanking Council for their resolution with respect to the 2008 municipal road and bridge infrastructure investment; advising that as part of the Building Canada Fund, $8.8 billion will be invested in critical national priorities, including clean water, sewage treatment, the core National Highway System, public transit and green energy; and, forwarding the Building Canada booklet summarizing the Federal Government's new long-term infrastructure plan. I - 28 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Peggy Clark b) V. Martel c) Isaac Cormier d) Wayne Avery e) Patrick Lacey f) Jane Lacey g) Lynda Aiken h) Melns Frans i) Derek Erwin Council Meeting Minutes - 14 - September 15, 2008 j) Louis Bertrand k) Jeanette vanLoon I) Leslie Armstrong m) William G. Muir n) Stephanie & Manuel Jimenez 0) S. Adams p) Alvina Hale q) Janet Mulder r) Charlotte Hughes s) Joe Dalrymple t) Greta Down u) Richard Hughes v) AI Aiken 1-29 John O'Toole, MPP, Durham, forwarding a copy of the response he received from the Minister of Municipal Affairs and Housing regarding the Town of Grimsby's resolution concerning the economic impacts of the greenbelt on farmers and municipalities and remedies to protect and sustain farming for future generations in which the Minister indicates that the Greenbelt Act, 2005 mandates a review of the Greenbelt Plan every 10 years to assess the effectiveness of the policies contained in the Plan and to make amendments, if appropriate, and, advising that the Ministry will not be undertaking a study into the economic effects at this time. 1-30 Linda J. Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region Conservation Authority (GRCA) forwarding copies of the 2002-2006 Watershed Report Card, a report on the health of local watersheds and environments within the GRCA based on data collected through GRCA monitoring and partner programs; indicating that the successes achieved are the result of over 60 years of conservation, municipal support, local partnership and community dedication; and, advising additional copies of the Report are available by contacting the Authority and that digital versions will be made available at www.qrca.on.cain the near future. I - 32 Andre Groulx, General Manager, Hull-Chelsea-Wakefield Steam Train, advising of the cancellation of the 2008 Hull-Chelsea- Wakefield Steam Train Excursions resulting in the availability for purchase of a centennial steam locomotive and 9 passenger coaches and requesting the information on the tourist train project be forwarded to organizations who may benefit from this economic development opportunity. Council Meeting Minutes - 15 - September 15, 2008 1-33 John O'Toole, MPP, Durham, forwarding a copy of correspondence received from Premier Dalton McGuinty in response to Clarington's resolution regarding the need for a "Made in Ontario" environmental and economic summit in which the Premier advises that as the issue falls under the jurisdiction of the Ministry of Economic Development and Trade, it has been referred to the Honourable Sandra Pupatello for consideration. I - 34 Florian Levesque forwarding a copy of correspondence addressed to Regional Council warning of the dangers of incineration, recommending Council obtain further information on Zero Waste strategies; and, suggesting that rather than burning garbage and converting it to toxic materials which require further management, waste should be reduced, and diverted from landfill through composting, recycling and reuse. Mr. Levesque's correspondence also outlines his involvement in an ongoing dispute with Bennett Environmental and the New Brunswick provincial government to prevent the Bennett Environmental Inc. incinerator from operating in his area. I - 35 Nadine Francis expressing concern with the pending implementation of an incinerator in Clarington as basic rights and standards of living such as the expectation to breath clean air, drink fresh water and consume food that is not contaminated by the soil in which it grows will be compromised; questioning the logic in placing an incinerator in an area surrounded by families knowing the pollution produced will affect the health of the community, especially those suffering from asthma and the elderly; suggesting that alternative ways to deal with waste issues be investigated including making recycling mandatory; and, urging Council to say "no" to incineration and to a plan that does not have the best interests of the public in mind. I - 36 Ken Arnold, President, Ontario Medical Association (OMA), thanking Members of Council who visited the OMA's booth, attended their reception during the Association of Municipalities of Ontario (AMO) Annual Conference, and signed their petition calling on the Province to take whatever action necessary to ensure that every Ontarian has access to the right type of care when and where they need it most; advising the OMA believes there is a need for a comprehensive province-wide recruitment and retention strategy to encourage practicing doctors to stay in Ontario and to motivate those practicing outside of Ontario to return; and encouraging Council to contact the OMA if they know of patients who have personal experiences they wish to share regarding lack of access to health care. Council Meeting Minutes - 16 - September 15, 2008 I - 37 The Honourable Jim Watson, Minister of Municipal Affairs and Housing forwarding a copy of the "Growing the Greenbelt" booklet outlining the final criteria and process that will be used for expanding the Greenbelt. I - 38 John R. O'Toole, MPP, Durham, writing to Chief Mike Ewles, Durham Regional Police, forwarding a copy of Mayor Abernethy's correspondence regarding the safety of citizens who gather at the Highway 57 overpass in Bowmanville for the repatriation of Canadian soldiers on the Highway of Heroes in which Mayor Abernethy requests that police and emergency staff be present during these processions to ensure public safety; and advising that he is in support of the Mayor's request and trusts that Chief Ewles will review the situation to ensure that members of the public are protected. I - 39 Ari Rotman, thanking staff for continuing to work with him to resolve matters relating to the issuance of his 2008 Kennel Licence; advising that suggestions from staff to alter the existing operation in order to conform to new municipal by-laws are not financially possible; inviting staff to tour the facility to view the cleanliness of the operation; and requesting Council to reconsider their decision of February 11, 2008, in not allowing an appeal to the licensing requirements and to consider a "grandfathering" clause for his facility under the new by-law. 1-17 Michael C. Angemeer, P.Eng., President and CEO, Veridian Corporation, forwarding a copy of Veridian's 2007 annual report and a copy of the Coalition of Large Distributors CDM Retrospective Report providing an overview of the coalition's collective accomplishments in promoting electricity conservation over the past three years; advising that in 2007 Veridian Corporation achieved a return on shareholders' equity of 10.2 percent, maintained an unblemished workplace safety record, improved distribution system reliability performance, and keenly supported the development of a 'conservation culture' in Ontario, thereby delivering results that balance the interests of all Veridian's stakeholders. Resolution #C-434-08 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item 1- 17 from Michael C. Angemeer, P.Eng., President and CEO, Veridian Corporation concerning Veridian's 2007 Annual Report be received for information. "CARRIED" Council Meeting Minutes - 17 - September 15, 2008 I - 21 John O'Toole, MPP, Durham, writing further to the response the municipality received from the Honourable Dwight Duncan, Minister of Finance regarding the property tax treatment of green energy developments on farm properties in which the Minister advised the Province is committed to ensuring the treatment of renewable energy facilities in property taxation is fair, consistent, and promotes the development of green energy; and, indicating that he will continue to monitor the issue to ensure farmers who invest in green energy alternatives do not face unreasonable increases in assessment and property taxes. Resolution #C-0435-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item 1- 21 from John O'Toole, MPP, Durham, concerning alternative "Green" energy sources be referred to the Clarington Agricultural Advisory Committee. "CARRIED" I - 24 Stuart Trew, Ontario-Quebec Regional Organizer, The Council of Canadians, advising the Council of Canadians is questioning Premier McGuinty on the government's reasons for negotiating the Ontario-Quebec Economic Partnership Agreement, a new trade, investment and labour mobility agreement with the Province of Quebec modeled after the Alberta-B. C. Trade, Investment and Labour Mobility Agreement (TILMA). The Council feels that the proposed Ontario-Quebec agreement and TILMA have more to do with investors rights and weakening local democracy for the benefit of attracting more foreign direct investment from abroad and is encouraging Council to familiarize itself with TILMA and to request a full, open and public debate on the merits and dangers of signing a TILMA-like agreement with Quebec. Resolution #C-436-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 24 from the Council of Canadians concerning the Ontario-Quebec Economic Partnership Agreement be referred to the Director of Corporate Services for comment. "CARRIED" Council Meeting Minutes - 18 - September 15, 2008 CORRESPONDENCE FOR DIRECTION Resolution #C-437 -08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, including Hand-out Items D - 21 and D - 22, with the exception of Items D - 11 to D - 20, inclusive and D - 22. "CARRIED" D - 1 Jean Graham, Chairperson, Newcastle Lions Club, requesting Council's support for their 14th Annual 'Walk for Dog Guides', a 5 km and 10 km fundraising walk through Newcastle on Saturday, October 4,2008, in support of Dog Guide Teams to assist the blind, deaf and physically challenged; advising the event raised over $22,500 in 2007; and encouraging all interested residents to participate in the walk. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Cecile D. Bowers, Secretary, Branch 178 Royal Canadian Legion, requesting permission to hold their annual Remembrance Day Parades and Services on Tuesday, November 11, 2008 in Bowmanville, and Sunday, November 9,2008, in Orono and Remembrance Day Services on Friday, November 7,2008 in Newtonville, and Tuesday, November 11,2008 in Newcastle. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 3 Lynn Wood, requesting a street be named in honour of his father-in- law Ernest Harvey Jones, a War Veteran and well known resident of the municipality who passed away in 2007. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 19 - September 15, 2008 D - 4 Karyn Kennedy, Executive Director, and Siew Lee Brett, Co-ordinator of Fundraising and Special Events, Boost: Child Abuse Prevention & Intervention (formerly Toronto Child Abuse Centre) advising of the 4th Annual "Go Purple for Prevention! Campaign" to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth; and, requesting Council to proclaim October as "Child Abuse & Neglect Prevention Month" . (Proclaimed) D - 5 Sid Ryan, President, CUPE Ontario, requesting on behalf of CUPE, The Ontario Coalition for Better Child Care (OCBCC) and labour partners representing child care workers across Ontario, that Wednesday, October 22,2008 be proclaimed "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the work of various groups and to acknowledge the contributions they make in the lives of community members. Posters, pins and a list of ideas to help make the Day visible in the community are available. (Proclaimed) D - 6 George (Joe) Kennett submitting the name of Veteran Thomas A. (Bud) Fanning for Council's consideration in naming a street in Bowmanville or Newcastle Village in honour of his memory and his outstanding contribution not only to the war effort but in helping the youth of the community. The correspondence was also signed by thirty-five people in support of the request. (Correspondence referred to the Director of Planning Services) D - 7 Heila Pitter, Outreach Services Manager, Bethesda House, requesting permission to host the 4th Annual "Clarington Take Back the Night Walk", an international event for women to "reclaim" the streets after dark, to be held on September 18, 2008, from 6:00 p.m. to 9:00 p.m.; providing details of the route; and, advising liability insurance will be submitted to the Engineering Services Department. This year the organizers are extending an invitation to men of all ages to join women and children in the walk in support of a safer community for everyone. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 20- September 15, 2008 D - 8 Peter Evans, President, Clarington Older Adult Association, (COAA) requesting that Council not renew either of the subleases of the space occupied by the Lions Nursery School and Durham Community Care at the Beech Centre beyond their current terms and allocate the space freed up to the COAA Board at the earliest date possible, and by August 2009, at the latest. The Board feels the present enrolment of 985 members together with the level of activity and participation by their membership warrants an expansion and that they have specific programming and activity plans for the extra space. D-9 D - 10 D - 21 (Correspondence referred to the Director of Corporate Services) Newcastle Business Improvement Area, requesting the closure of King Avenue from Baldwin Street to Mill Street from 1 :00 p.m. to 12:00 a.m. on October 3,2008, and the closure of Baldwin Street to Brookhouse Drive from 6:00 a.m. to 6:00 p.m. on October 4,2008, for the Annual Newcastle Fall Festival. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Tim Hick tendering his resignation from the Accessibility Advisory Committee, effective immediately and extending best wishes to the Committee in their future efforts. (Correspondence received with regret and referred to the Municipal Clerk) Janine Wallace-Rivard, RC.M., Property Manager, Durham Condominium Corporation 146, voicing concerns on behalf of residents of 2800 Courtice Road North, who are subjected to loud noise all day and during the early hours of the morning, garbage, foul and abusive language, park lighting often until 1 :00 a.m., offensive behaviour, fighting, drinking and illegal activities resulting from the construction of the skateboard park at the Courtice Community Centre; and, requesting a community meeting be held to address the concerns and hardships the owners are experiencing. (To advise of actions taken and copy of Report CLD-023-08 to be forwarded) Council Meeting Minutes - 21 - September 15, 2008 D - 11 Cheryl Mortimer, Clerk, Township of Muskoka Lakes, advising Council that on July 8,2008, the Township of Muskoka Lakes passed the following resolution pertaining to improvement of Municipal Property Assessment Corporation (MPAC) operations: "WHEREAS the District Municipality of Muskoka spends $2.2 million per year on the services of Municipal Property Assessment Corporation (MPAC); AND WHEREAS the Township of Muskoka Lakes is levied approximately 40% of this per annum; AND WHEREAS the Township relies on up-to-date and accurate MPAC data to fulfill legislated requirements such as circulations of applications pursuant to the Planning Act; AND WHEREAS the Township relies on up-to-date and accurate information for all 911 street numbering, emergency callouts, evacuation procedures as well as taxation; AND WHEREAS accurate and up-to-date data is not always available from MPAC; AND WHEREAS the Province of Ontario recovers approximately $6 billion in taxation for education purposes but does not contribute to the operation of MPAC; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Muskoka Lakes strongly request the Board of Directors of MPAC to improve their operations by: 1. allocating provincial funds to correct the over 70,000 errors across the Province for those municipalities with greater reliance on the data receiving priority; 2. making errors and backlog in data a priority to complete; 3. working with lower and upper tier municipalities to correct these errors. Council Meeting Minutes - 22- September 15, 2008 AND FURTHER THAT this resolution be circulated to Premier Dalton McGuinty, the Honourable Jim Watson, Minister of Municipal Affairs and Housing, Member of Provincial Parliament Norm Miller, Opposition Leaders, Association of Municipalities of Ontario, Association of Municipal Managers, Clerks and Treasurers of Ontario, the District Municipality of Muskoka, and all Province of Ontario municipalities." Resolution #C-438-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Township of Muskoka Lakes with respect to improvement of Municipal Property Assessment Corporation (MPAC) operations be received for information. "CARRIED" D - 12 Peter Evans, President, Clarington Older Adult Centre Board, Clarington Older Adult Association (COAA) forwarding correspondence the Board has sent to the Minister of Health and Long Term Care requesting clarification of the present funding situation for Elderly Persons Centres (EPC) in Ontario with respect to the status of the Province's 2007 initiative to fund new Elderly Persons Centres; requesting the Minister to clarify timelines to ensure that the Association receives the appropriate funding application instructions and that the Province considers the COAA as one of the 24 new centres approved for funding; and, requesting that Council pass a motion in support of the request for funding under the expanded Elderly Persons Centre Grant program, similar to Resolution #C-496-07 passed on September 24,2007, as follows: "WHEREAS the Clarington Older Adult Centre has been providing exceptional services to the 50+ population of Clarington since 1998; WHEREAS the funding under the Elderly Persons Centres Act has never been available to the Clarington Older Adult Association due to a freeze in the funding by the Province that occurred when the centre opened; WHEREAS, should this have been available to the COAA, they would have received approximately $270,000 since their inception in programming funds; Council Meeting Minutes - 23- September 15, 2008 WHEREAS it appears that the COAA are the only centre in Durham not supported by the Elderly Person Centres Act grant program; WHEREAS the COAA have been instrumental in lobbying for many years for expansion in funding for elderly persons centres but have not been included in recent announcements because the expanded funding has only been made available to existing Elderly Persons Centre Grant funded organizations; NOW THEREFORE BE IT RESOLVED THAT the Honorable Jim Bradley, the Minister Responsible for Seniors and the Honorable George Smitherman, the Minister of Health and Long-term Care be requested to include the Clarington Older Adult Centre on equal footing to the existing funded organizations by providing funding to them under the expanded Elderly Persons Centre Grant program; and THAT the Region of Durham and all Durham MPPs be copied on this resolution." Resolution #C-439-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT the request from the Clarington Older Adult Association (COAA) for support of the Association's request for funding under the expanded Elderly Persons Centre Grant program be endorsed. "CARRIED" D - 13 The Honourable Jim Karygiannis, MP, Scarborough-Agincourt, forwarding a copy of Bill C-568 - An Act to Amend the Motor Vehicle Safety Act (speed limiters) - requesting Council's support of Bill C- 568 to include prohibitions against the manufacture, importation, sale, lease, operation and release after repair of motor vehicles manufactured after January 1, 2010 if they are not equipped with a speed limiter that is engaged and set to a maximum speed that is not greater than 150 kilometres per hour. Council Meeting Minutes - 24- September 15, 2008 Resolution #C-440-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 13 from The Honourable Jim Karygiannis, MP, Scarborough-Agincourt requesting support of Bill C-568 - An Act to Amend the Motor Vehicle Safety Act (speed limiters) be received for information. "CARRIED" D - 14 Curtis Hodgins, General Manager, Bowmanville Eagles Jr. "A" Hockey Club, requesting permission to use the main hall of the Garnet B. Rickard Recreation Complex at no charge from Friday, September 19, 2008, to Sunday, September 21, 2008, for the annual Ontario Provincial Junior "A" Governor's Showcase Tournament which includes teams from all across Ontario and from Buffalo, New York. The tournament will benefit the local economy and provide an opportunity to promote the municipality. Resolution #C-441-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from Curtis Hodgins, General Manager, Bowmanville Eagles Jr. "A" Hockey Club for waiver of the facility rental fee for the use of the main hall of the Garnet B. Rickard Recreation Complex from Friday, September 19, 2008, to Sunday, September 21, 2008, be referred to the Director of Community Services to work out the details. "CARRIED" D - 15 Debbie Edmonds, Acting Town Clerk, Town of Halton Hills, advising Council that on August 11, 2008, the Town of Halton Hills passed the following resolution pertaining to a public inquiry into the challenges facing municipalities from the implementation of Provincial Growth Legislation: "THAT Council authorize Mayor Bonnette to communicate with Premier Dalton McGuinty and the Attorney General Chris Bentley to: . Request that the Lieutenant Governor in Council appoint one or more persons to conduct a provincial public inquiry into the challenges facing municipalities from implementation of provincial growth legislation, such as the Places to Grow Act and the Bill 51 amendments to the Planning Act, and Council Meeting Minutes - 25- September 15, 2008 . Advise the Premier and the Attorney General that such an inquiry is necessary to remove the innuendo and the confrontation in the current development processes and to restore and maintain public confidence in good government in Ontario and its municipalities. AND FURTHER THAT this resolution be forwarded to all Ontario Municipalities." Resolution #C-442-08 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Town of Halton Hills with respect to a public inquiry into the challenges facing municipalities from the implementation of Provincial Growth Legislation be received for information. "CARRIED" D - 16 John D. Leach, Town Clerk, Town of Innisfil advising Council that on August 13, 2008, the Town of Innisfil passed the following resolution pertaining to the Ontario Energy Board Order: "WHEREAS the Ontario Energy Board has ordered Innisfil Hydro to undergo a process to analyze revenue to cost ratios for each customer class; and WHEREAS Innisfil Hydro's analysis indicates that the annual impact is a $387,500 increase to the Town of Innisfil for streetlight distribution costs; and WHEREAS this increased cost translates to a 2.74% property tax increase for the residents of the Town of Innisfil to bear; and WHEREAS the proposed distribution rates for the relatively small size of streetlight services is proportionally much higher than that for most other distribution customers; and WHEREAS Innisfil Hydro has canvassed other Local Electricity Distributors in Ontario and similar situations exist for all of them. NOW THEREFORE BE IT RESOLVED THAT Council requests that the Association of Municipalities of Ontario as an intervener at the Ontario Energy Board requests that this distribution charge be reviewed/reduced. Council Meeting Minutes - 26- September 15, 2008 FURTHER THAT the Chair of the Ontario Energy Board (Howard Wetston) be requested to review and amend streetlight distribution rates to reflect a more accurate cost allocation; and FURTHER THAT the Ontario Minister of Energy and Infrastructure be requested to ensure that the Ontario Energy Board fulfill its mandate being "We will endeavour to consider the interests of all stakeholders in performing our duties in the public interest", by ensuring that the above matters be addressed; and FURTHER THAT this resolution be forwarded to the Association of Municipalities of Ontario for their support; and FURTHER THAT this motion be circulated to all municipalities in Ontario and local MPP's in Simcoe County." Resolution #C-443-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the Town of Innisfil with respect to the Ontario Energy Board Order be received for information. "CARRIED" D - 17 Natalie Garnett, MA, CMO, Clerk, Township of Galway-Cavendish & Harvey advising Council that on July 22,2008, the Township of Galway-Cavendish & Harvey passed the following resolution pertaining to protection of Canada's fresh water lakes and rivers: "WHEREAS water is a valuable natural resource in Ontario and in Canada, and plays a critical role in our history, recreation, livelihoods and health; and WHEREAS the Federal and Provincial governments are facing ever increasing pressures to export this resource to the United States of America and other countries, THAT the Council of the Township of Galway-Cavendish & Harvey request the Provincial and Federal governments to protect Canada's water resources from export discussions; and FURTHER that the Council of the Township of Galway-Cavendish & Harvey request the Federal and Provincial governments to protect Canada's fresh water lakes and rivers from being used as toxic dumps for the mining and oil refinery industries; and Council Meeting Minutes - 27- September 15, 2008 THAT this resolution be circulated to Laurie Scott, MPP, Barry Devolin, MP, the Province of Ontario, all Municipalities in Ontario, the Government of Canada, and the International Joint Commission on the Great Lakes." Resolution #C-444-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Township of Galway-Cavendish & Harvey with respect to protection of Canada's fresh water lakes and rivers be endorsed. "CARRIED" D - 18 Marion I. Koepke, CMO, City Clerk, City of Owen Sound advising Council that in August, 2008, the City of Owen Sound passed the following resolution pertaining to an exemption of provincial sales tax on goods and services for Ontario police services: "THAT Owen Sound City Council hereby endorses resolution 2008-03 from the Ontario Association of Chiefs of Police regarding the exemption of sales tax for Ontario police service purchases: 'WHEREAS police services in Ontario are faced with on- going financial pressures to be able to provide reasonable levels of service to keep Ontario communities safe, and WHEREAS local property taxes are the main source of funding for municipal and regional police services budgets, and WHEREAS police services are faced with significant costs in paying for necessary specialty equipment, vehicles and buildings that are unique to ensure a safe Ontario, and WHEREAS the Federal Government has shown leadership in exempting municipalities from having to pay GST in recognition of one level of government taxing another. THEREFORE BE IT RESOLVED that the Government of Ontario provide a full exemption of provincial sales tax on goods and services for Ontario police services similar to the GST exemption.' and further Council Meeting Minutes - 28- September 15, 2008 THAT a copy of this resolution be circulated to all municipalities in Ontario through an AMO broadcast seeking support for the sales tax exemption for Ontario Police Services purchases." Resolution #C-445-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the City of Owen Sound with respect to an exemption of provincial sales tax on goods and services for Ontario police services be endorsed. "CARRIED" D - 19 Marion I. Koepke, CMO, City Clerk, City of Owen Sound advising Council that in August 2008, the City of Owen Sound passed the following resolution pertaining to exemption of provincial sales tax on goods and services for all municipalities: "WHEREAS municipalities in Ontario are faced with on-going financial pressures in order to provide reasonable levels of service in Ontario communities, and WHEREAS local property taxes are the main source of funding for municipal budgets, and WHEREAS the Federal Government has shown leadership in exempting municipalities from having to pay GST in recognition of one level of government taxing another, NOW THEREFORE BE IT HEREBY RESOLVED THAT the Council of The Corporation of the City of Owen Sound hereby requests that the Government of Ontario provide a full exemption of provincial sales tax on goods and services to all Ontario municipalities similar to the GST exemption, and further THAT this resolution be forwarded to Premier Dalton McGuinty; The Honourable Dwight Duncan, Provincial Minister of Finance; the Association of Municipalities of Ontario; and Bill Murdoch, M.P.P., Bruce-Grey-Owen Sound, seeking support for municipalities being exempt from provincial sales tax on goods and services, and further THAT this resolution be circulated to all municipalities in Ontario through an AMO broadcast seeking support for municipalities being exempt from provincial sales tax on goods and services." Council Meeting Minutes - 29- September 15, 2008 Resolution #C-446-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the City of Owen Sound with respect to exemption of provincial sales tax on goods and services for all municipalities be endorsed. "CARRIED" D - 20 Shelly van Empel, Legislative Administrator, Town of Milton, advising Council that on August 18, 2008, the Town of Milton passed the following resolution pertaining to a deposit/return system on aluminum and plastic drink containers: "WHEREAS Aluminum Cans and Plastic Drink Containers create significant litter on our Roadways and whereas the deposit/return system for alcoholic beverages has proved an effective deterrent to roadside littering; AND WHEREAS many of these Plastic Drink Containers contain water obtained by commercial operations with little or no positive benefit for local residents, and whereas large-scale water taking may adversely affect local water resources, and whereas commercial water tanker trucks create uncompensated wear to local roads AND WHEREAS a deposit may encourage residents to use personal reusable containers reducing the demand for plastic bottled water; BE IT RESOLVED THAT the Town of Milton endorses the Region of Halton's resolution requesting that the Minister of the Environment consider placing a deposit/return system on aluminum and plastic drink containers and that this resolution be forwarded to the Association of Municipalities of Ontario for circulation to all municipalities in Ontario for information and support." Resolution #C-447 -08 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the Town of Milton with respect to a deposit/return system on aluminum and plastic drink containers be endorsed. "CARRIED" Council Meeting Minutes - 30- September 15, 2008 D - 22 Linda Gasser expressing concern with the process undertaken for the recruitment of Committee Members for the Energy-From-Waste Site Liaison Committee and the appointment of Clarington residents in advance of Regional appointments as she feels this may preclude an option for the Region to advise Council of unsuccessful Clarington applicants after confirmation by Regional Council; questioning what steps have been taken by the Municipality to coordinate the process with the Region to ensure that all Clarington residents who applied through either process would be considered for appointment; and, questioning why Council would consider applicants who applied after the deadline. Resolution #C-448-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT Linda Gasser be advised of actions taken concerning the Energy-From-Waste Site Liaison Committee selection process and Committee appointments. "CARRIED" COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report September 8, 2008 Resolution #C-449-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 8, 2008, be approved with the exception of Item #9. "CARRIED" Item # 9 Resolution #C-450-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-023-08 be received; THAT By-law 2006-126 governing municipal parks be amended to state that the parks will be closed from dusk to dawn; and Council Meeting Minutes - 31 - September 15, 2008 THAT the By-law attached to Report CLD-023-08 be approved by Council. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING MOTION) Resolution #C-451-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the foregoing Resolution #C-450-08 be amended by adding the words "outdoor areas of museum and library properties" following the word "parks" in the second paragraph. "CARRIED" Resolution #C-450-08 was then put to a vote and CARRIED AS AMENDED. Mayor Abernethy stated a declaration of pecuniary interest concerning Correspondence Item I - 31 and the confidential report of the solicitor as these matters deal with the compliance audit issue related to the 2006 municipal election. Mayor Abernethy vacated the chair, refrained from discussion and voting on Correspondence Item I - 31 and advised he would not be attending that portion of the closed meeting dealing with the confidential report of the solicitor. Deputy Mayor Novak assumed the Chair. COMMUNICATIONS (cont'd) 1-31 James E. Horn, CA, Horn Almand Chartered Accountants advising that the fee in connection with the compliance audit of John Mutton will be refunded to the Municipality on or about September 15, 2008. Resolution #C-452-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item 1- 31 from James E. Horn, CA, Horn Almand Chartered Accountants concerning the fee in connection with the compliance audit of John Mutton be received for information. "CARRIED" Council Meeting Minutes - 32- September 15, 2008 Resolution #C-453-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving advice that is subject to solicitor-client privilege. "CARRIED" The meeting resumed in open session at 9:10 p.m. The Deputy Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. Two matters were considered. Direction was provided to staff on Staff Report #2. STAFF REPORTS 1. Confidential Verbal Report of the Solicitor regarding a Legal Matter Resolution #C-454-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Staff Report #1 - Confidential Verbal Report of the Solicitor regarding a Legal Matter be received for information. "CARRIED" Deputy Mayor Novak clarified the process for the Region of Durham's selection of the Energy-From-Waste Site Liaison Committee members (Correspondence Item D - 22). BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-455-08 Moved by Councillor Hooper, seconded by Councillor Woo WHEREAS the Council of the Municipality of Clarington recognizes that the Bowmanville Apple Fest is an important annual community event; Council Meeting Minutes - 33- September 15, 2008 AND WHEREAS this event draws thousands of visitors to the Bowmanville area, this year on October 18, 2008; AND WHEREAS the Bowmanville BIA has asked if it would be possible for the Municipality to provide free half hour transit service, rather than paid hourly service on the day of the festival, Saturday, October 18, 2008; AND WHEREAS free half hour transit service to the festivities may significantly improve traffic flow and parking availability in the downtown Bowmanville core during the event; AND WHEREAS the Staff of the Engineering Services Department has investigated the possibility; AND WHEREAS the provision of this service can be provided for by expanding the two existing Clarington Transit service routes, at an additional cost of approximately nineteen hundred dollars ($1900); NOW THEREFORE BE IT RESOLVED THAT the Engineering Services Department be directed to make the necessary arrangements for free half hour transit service for the Bowmanville Apple Fest and to charge the cost of this service to the Administration Contingency Account -100-21-211-00000-7298. "CARRIED" UNFINISHED BUSINESS Resolution #C-456-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentation of Pat McNeil, Senior Vice President, Nuclear Generation Development, Ontario Power Generation providing an update on Darlington New Build EA be received with thanks. "CARRIED" Council Meeting Minutes - 34- September 15, 2008 BY-LAWS Resolution #C-457 -08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2008-155 to 2008-159 inclusive; 2008-155 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (708545 Ontario Limited) and to repeal By-law 2008-075 2008-156 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (668390 Ontario Ltd. (Kaitlin Group)) 2008-157 Being a by-law to authorize the sale and transfer to Thomas and Bonnie O'Callaghan of the portion of the road allowance located between Lot 28 and Lot 29, Concession 3 in the former Township of Clarke designated as Part 2 on Registered Plan 40R-23364 2008-158 Being a by-law to amend By-law 2006-126, being a By-law to regulate Parks 2008-159 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Lafarge Paving & Construction, Oshawa, Ontario, to enter into an agreement for the Asphalt Rehabilitation - Contract 2 - Various Locations; 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 There was no Other Information introduced under this section of the Agenda. Council Meeting Minutes - 35- September 15, 2008 Mayor Abernethy stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-458-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2008-160, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15th day of September, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-459-08 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT the meeting adjourn at 9:25 p.m. "CARRIED" ~. MA R .