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HomeMy WebLinkAbout03/02/2009r~t lll..lll. 11 beading the L~'ay Council Meeting Minutes MARCH 2, 2009 Minutes of a regular meeting of Council held on March 2, 2009, at 7:00 p.m., in the Council Chambers. Councillor Robinson led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Director of Finance, N. Taylor Director of Corporate Services and Human Resources, M. Marano Solicitor, D. Hefferon Fire Chief, Fire and Emergency Services, G. Weir Clerk II, Ellen Atkinson, attended until 10:30 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 D - 10. ANNOUNCEMENTS Councillor Novak announced the following events: • She attended the Clarington Board of Trade dinner at which Regional Chair Anderson presented his annual update • The Site Liaison Committee will be meeting on March 4, 2009, at 7:00 p.m. Subsequent meetings are scheduled for April 29, May 20 and June 23 • A public information session on the Growth Plan will be held on March 9 in the Council Chambers Council Meeting Minutes - 2 - March 2, 2009 Councillor Trim announced the following: There are four public information sessions regarding the new waste collection schedule planned for March 9 at the Garnet B. Rickard Recreation Complex, March 10 at the Newcastle Community Hall, March 23 at the Orono Town Hall and March 26 at the Courtice Community Complex. All of the sessions run from 6:00 p.m. to 8:00 p.m. Durham Region achieved the highest rate for waste diversion in 2007 at 47.7%, compared to York Region at 45.72%, Toronto at 42.79%, Peel Region at 40.61 % and Halton Region at 36.88% Councillor Woo announced the following: This past Thursday he attended a ceremony at the Legion 178 Branch in Bowmanville celebrating the first brush stroke of a military mural depicting Canada's greatest military moments by Todd Tremeer Saturday, February 28 was the 15th annual Chicken Pie Dinner and Auction at the Tyrone United Church The deadline for purchasing Lakeridge Health Bowmanville memberships was February 28; the number of memberships purchased this year has surpassed the number ever purchased Mayor Abernethy advised he attended a meeting today with other Durham Region Mayors and Foster Loucks, Chairman of the Board of Directors of the Central East Local Health Integration Network (CHIN) and received an overview of the LHIN's Hospital Clinical Services Plan. The Plan's vision is "one acute care network". Mr. Loucks has agreed to present this Plan to Durham Council on April 1, 2009, and he will attempt to attend all Councils in Durham Region. The Municipality did extend an invitation to Mr. Loucks to attend Clarington Council a few weeks ago. There is a 60 day public review period which commenced February 17, 2009, providing the public and special interest groups with the opportunity to express their thoughts to the LHIN's Board of Directors. Mr. Loucks has also agreed to attend a subsequent Joint Meeting with the Mayors of Clarington and Scugog along with two acute care providers from the Bowmanville and Port Perry hospitals. Mayor Abernethy advised he attended the Canadian Nuclear Association Conference in Ottawa. It was an excellent conference and trade show. Ontario Power Generation provided information on the Nuclear New Build at Darlington. MINUTES Resolution #C-086-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on February 9, 2009, be approved. "CARRIED" Council Meeting Minutes - 3 - PRESENTATIONS March 2, 2009 John O'Toole, MPP, Durham, addressed Council to present his Annual Update from Queen's Park. Mr. O'Toole indicated that the two major issues on everyone's mind is the economy and health care. He stated that it is important for the Province to move forward with the Highway 407 project and expressed thanks to Doug Allingham for the work completed on the public information centres. Mr. O'Toole believes that it will be impossible to meet the 2013 deadline which has been placed on the project. Lower- tiergovernments have expressed dissatisfaction with funding arrangements through initiatives such as the Federal Gas Tax and he indicated that the Province's method of distribution is unfair. Mr. O'Toole advised of the various pieces of legislation which are currently before the House, ie, Bill 150, Cosmetic Pesticide Act and Bill 126. He commended members of the community for responding on the issue of Camp 30. Mr. O'Toole indicated that the Province wishes to work as a partner with the Municipality. Roger Anderson, Chair, Regional Municipality of Durham addressed Council to provide an update on Regional activities, highlighting the following 2008 achievements: • Opening of the new Courtice Water Pollution Control Plant, the Region's largest capital project to date at $163 million • Assisting in the hosting of the Special Olympics at the UOIT/Durham College campus • Durham Region Transit ridership reached the 20 millionth passenger in September • Durham Region officially recognized by UOIT for its contribution to the university by naming a walkway "The Durham Promenade" • New Materials Recycling Facility recognized with both Provincial and North American Awards for recovery systems excellence • Plastic Bag recycling partnership with grocers received Provincial award • Study of new subdivision in Ajax reveals that significant savings are available to homeowners who install energy and water efficient fixtures and appliances • Participated in "Earth Hour" • Adopted New Regional Tree By-law • Offered a series of Green Tourism Workshops and recognized in November for participation in the GTA-wide Smart Commute Program • Launch of high speed broad band Internet service in northern communities • Approved a Revitalization Program to complement local Community Improvement Plans • Conducted Economic Development Workshops on doing business in Alberta and in Global Markets • Hosted forums exploring sustainability, transportation energy innovations and ways to generate prosperity in the Region • The Gates Open-Savour Durham Event promoting locally-grown food, bed and breakfasts and restaurants was very successful and will be repeated in 2009 Council Meeting Minutes - 4 - March 2, 2009 • Many initiatives supported the objective of a healthy, safe and caring community including recognition of Eat Smart Awards, DineSafe Durham, the development of a newcomer and diversity strategy to ensure immigrants arriving in Durham take part in our economy and community, Youth in Action - Grade 11 Leadership Program, the Grade 5 Action Pass to promote physical activity and participated in "Take Our Kids to Work" Day • Commenced construction of 131 new affordable rental housing units • Fairview Lodge and Lakeview Manor recognized with accreditations from national standards bodies • Regional staff raised $163,000 for the United Way • Successful emergency management exercises were conducted with all eight area municipalities • Public Alerting System tested • Hosted Emergency Management Symposium with all partners Chair Anderson reviewed Key Challenges/Focus for 2009 including: • Social Assistance costs are on the rise - $70 million in benefits were issued in 2008 and an extra $800,000 has been included in the 2009 Budget in view of the grim state of the economy • 2009 Capital Budget includes new ambulance stations in Courtice and Pickering and a new Police Station in Clarington • 2009 planned expenditure on roads is approximately $52 million • 2009 Water and Sewer Capital budget is more than $83 million • Regional staff are drafting new policies for the Regional Official Plan (ROP) and launching the Planning Act process to consult on proposed amendments. Public Information Sessions will be held in March (March 9t" in Clarington). The target is to have the ROP amendment before Regional Council in early June to meet the Province's deadline for compliance • Renewal of Water and Waste Water Master Plan to help prepare for population and employment growth • Planning for Seaton community is progressing • Investment continues in key corridors such as Taunton, Bayly-Victoria-Bloor and Brock Road • EA for widening of Bayly/Victoria Street in Ajax and Whitby is anticipated to be completed this spring • Completion of widening of Taunton Road between Westney Road and Church Street • Commencement of Phase 1 of the Highway 2 Rapid Transit Project • Submission of the EA for the proposed Energy-from-Waste Facility anticipated to be sent by mid-year • Inaugural meeting of Durham Region Roundtable on Climate Change held in February. Staff is engaged with all five conservation authorities in Durham to develop the assessment reports as required under the Clean Water Act • Staff are reviewing the Green Energy Act for impacts on the Region Council Meeting Minutes - 5 - March 2, 2009 • Regional Council has approved a renewed Durham Region Strategic Plan which includes a focus on sustainability and will guide the Region's business plans and decisions Chair Anderson advised the cost of Ontario Works (OW) benefits will be uploaded to the Province over an eight-year period beginning in 2011 and Court security costs will also be uploaded in phases to the Province beginning in 2012. While social housing was not uploaded, the Province has provided $2.9 million to be used for emergency repairs to non-profit housing facilities. The federal budget included funding for social housing repairs, energy retrofits and new construction. The Region received $28 million to be used for a wide variety of infrastructure projects in 2009 under the distribution of Provincial 2007108 surplus funds and as a result, Durham's Road Rehabilitation budget has been increased by $9.1 million, $2.8 million has been allocated to the replacement of the Courtice Road bridge, $2.1 million will enable the Region to upgrade the Corbett Creek Water Pollution Control Plan and to retire the aging Pringle Creek plant, the balance will be used to upgrade HVAC systems and Fairview Lodge and start preliminary work on a Highway 2 Rapid Transit Line. Chair Anderson summarized by stating despite the harsh economic news, the Region is making plans for a brighter future and encouraged citizens to look ahead with optimism, ingenuity and anticipation. He stated by working together Durham Region can emerge from the economic downturn with a stronger, more diverse Regional economy. Pat McNeil, Sr. VP Generation Development, Ontario Power Generation (OPG) addressed Council to present an update on the New Nuclear Build at Darlington. Through use of a PowerPoint presentation, Mr. McNeil provided an update on the project and major milestones, the Environmental Assessment and preliminary results, OPG's spring communications and consultation plans and next steps in the process. Mr. McNeil advised the project is to construct and operate a new nuclear power plant at the existing Darlington site with OPG submitting an Environmental Impact Statement (EIS) and license application for up to four nuclear units and up to 4,800 MW and for OPG to be the operator of the site. He advised three vendors - AREVA, AECL and Westinghouse are participating in the competitive process lead by Infrastructure Ontario. Once bids are received they will be reviewed and evaluated and a preferred vendor will be identified. Gord Lee, Arena Board Chair, Newcastle Arena Board advised Council of renovations which have been completed at the arena and presented a cheque to Mayor Abernethy and Nancy Taylor, Director of Finance/Treasurer in the amount of $30,000 for payment toward their loan. The balance remaining on the loan is $119,463. Amy Burke, Chair, Clarington Living Green Community Advisory Committee and Madison Stange, Youth Committee member, reviewed the mandate of the committee and provided an update of the committee's achievements to date as well as their 2009 workplan. They requested Council's support of their initiatives for Earth Hour 2009. Council Meeting Minutes - 6 - March 2, 2009 Resolution #C-087-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to permit the introduction of a motion pertaining to "Earth Hour" at this time. "CARRIED" Resolution #C-088-09 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS climate change is an environmental threat to our planet and a concern for Canadians; WHEREAS at exactly 8:30 p.m. March 28, 2009, towns and cities around the world will turn off their lights for one hour to raise awareness about climate change and to symbolize that, working together, the people of the world can make a difference in the fight against global warming; WHEREAS in 2007, almost 203 million Sydney residents participated in Earth Hour - including more than 2,100 businesses -resulting in a 10% reduction on the electrical grid, saving 25,000 tonnes of carbon dioxide -the equivalent of taking about 50,000 cars off the road for one hour; WHEREAS Clarington outperformed all other municipalities in the Durham Region in 2008 with an impressive 7.7% reduction in energy consumption during Earth Hour; WHEREAS the Clarington Living Green Committee has proposed that Clarington citizens join the worldwide effort again in 2009; WHEREAS participating in this historic event sends a powerful message to every citizen and business around the world that it's possible to take action on climate change and that switching off our lights is just one simple action we can take to help make a difference; WHEREAS the goal is to educate the community on the threat of climate change and how each individual and business can make a difference every day; and to get as many individuals, households, and businesses as possible to turn off their lights as a symbolic statement that now is the time to take action on climate change; WHEREAS participating in this historic event sends a powerful message to every citizen and business that the Municipality of Clarington cares about our planet and is willing to take a leadership position against climate change and global warming; Council Meeting Minutes - 7 - March 2, 2009 THEREFORE BE IT RESOLVED by the Council of the Municipality of Clarington as follows: THAT at 8:30 p.m. on March 28, 2009, the Municipality of Clarington will join other communities around the world in literally "turning out the lights" by shutting off all non essential lighting in all facilities, where feasible, and without jeopardizing safety, for one full hour; THAT to be formally recognized around the world as an Earth Hour participant, the appropriate staff register at wwf.ca/Earth Hour, the official website for this initiative; THAT the Municipality of Clarington's participation in Earth Hour be widely promoted and publicized in order to raise awareness about this important issue and in order to encourage every individual, household and business in Clarington, and beyond, to join in by turning off their lights for one hour at 8:30 p.m. on March 28, 2009; and THAT a copy of this Resolution be forwarded to every municipality in the Regional Municipality of Durham, encouraging them to participate in Earth Hour. "CARRIED" Resolution #C-089-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for fifteen minutes. "CARRIED" The meeting reconvened at 9:30 p.m. DELEGATIONS Edgar Lucas, Chairman, Bowmanville Business Centre addressed Council concerning Correspondence Item I - 50 -Beautification of Downtown Bowmanville. Mr. Lucas stated Rekker Garden Centre is no longer able to provide the free watering service for the decorative hanging baskets in downtown Bowmanville during the summer. He stated the BIA has funds to purchase the flowers, but without help from the municipality for the maintenance, they will not be able to have the flowers in the downtown this year. Mr. Lucas stated they have investigated costs and the price ranges anywhere from $7,500 to $10,000 and due to other downtown events, merchants do not feel that they can provide this service. Council Meeting Minutes - 8 - March 2, 2009 Linda Gasser addressed Council regarding Correspondence Item D - 25 - Durham/York Environmental Assessment proposal for the Energy From Waste Facility, expressing concern that the Project Team for the Energy-From-Waste EA is not keeping the website up-to-date and that interested persons have experienced difficulty accessing pertinent information. Ms. Gasser requested Council's assistance in requesting that Project Team ensure that information is readily available in a timely manner and that the number of meetings be increased. Wendy Bracken addressed Council concerning Item 6 of Report # 1 - St. Marys Cement Application for Alternative Fuel Demonstration Project, advising she is opposed to the testing noting the alternative fuels identified are residual plastic films, paper sludge and residual plastic material and as this has never been done before in Ontario, there are no regulations on the practice. Ms. Bracken expressed concern that burning plastics and materials that contain heavy metals produce toxic emissions, increases the risk of dioxin and furan formation as well as the formation of other toxic organic compounds. She noted that the total chlorides and chlorine are present at higher levels in the alternative fuels being proposed than in conventional fuels and have greater concentrations of some toxic heavy metals than current fuel. Ms. Bracken feels the proposed monitoring during the test is inadequate as some of the most toxic emissions such as dioxins and furans cannot be monitored in real time. Ms. Bracken expressed concern that many people who attended information nights last summer and requested to be informed of the application and EBR posting, however very few members of the public were aware of this application to do a test burn and deadline for comments by March 7th. Ms. Bracken urged Council to consider this application to be more than a planning matter and to regard it as a public health matter by the Municipality. COMMUNICATIONS Resolution #C-090-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items 1 - 3, I - 7 to I - 23, I - 27, I - 33, I - 36, I - 37, I - 40, I - 45, I - 47, I - 48, and I - 50. "CARRIED" I - 1 Minutes of the Clarington Heritage Committee dated January 20, 2009. I - 2 Minutes of the Tyrone Community Centre Executive Board dated January 21, 2009. I - 4 Minutes of the Clarington Compost Facility Community Relations Committee dated January 15, 2009. Council Meeting Minutes - 9 - March 2, 2009 I - 5 M. Bourque, Executive Correspondence Officer, Office of the Prime Minister, acknowledging receipt of Council's correspondence concerning the Building Canada Fund; advising Clarington's comments have been carefully noted; and noting that a copy has been forwarded to the Honourable John Baird, Minister of Transport, Infrastructure and Communities for his information. I - 6 John Maaskant, Ontario Farm Animal Council, (OFAC) anon-profit education group dedicated to providing answers to questions about food and farming; advising of apolitically-motivated U.S. based animal rights group who are conducted a campaign to get Canadian municipalities to pass resolutions on egg choices, and recommending that before Council passes such a resolution, information be obtained from the Egg Farmers of Ontario to help make an informed decision; forwarding a copy of their award winning booklet "The Real Dirt on Farming" which provides answers to commonly asked questions; and, advising a representative would be pleased to help arrange a local farm tour to provide an update on modern farming in Ontario. I - 24 AI Strike, Rotary Club of Bowmanville, extending appreciation to Mayor Abernethy for presenting information to the Rotary Club of Bowmanville on Clarington's sources of revenue and annual expenditures and problems and issues facing Council; and, indicating that Mayor Abernethy's explanation of not using existing municipal reserves to stay with a "0" budget increase to preserve reserves for future unforeseen events is a wise precaution. I - 25 Larry O'Connor, Mayor, Township of Brock, announcing the appointment of Kathryn McCann as the Township of Brock's first Chief Administrative Officer, a position created as a result of the retirement of George S. Graham, Clerk-Administrator in 2008, splitting the Clerk and Administrator functions. I - 26 Gary W. McNeil, Managing Director & CEO, GO Transit, advising of the development of GO Transit's Strategic Plan - GO 2020, a plan including a number of visions, goals and strategies that will guide GO in achieving its objectives through to the year 2020 in delivering high- quality transit service throughout the Greater Golden Horseshoe, excellent customer service, and actively contributing to "green" development; forwarding a copy of the Strategic Plan - GO 2020 document and accompanying highlights brochure "GO forward" and the "Year in Review 2007-08" highlighting the many improvements and achievements of GO Transit from the past fiscal year; and, advising that GO will provide updates about their accomplishments as they continue to grow and become the preferred choice for interregional travel in the Greater Golden Horseshoe. Council Meeting Minutes - 10 - March 2, 2009 I - 28 Iryna Shulyarenko, Hydrologist, Kawartha Conservation, advising a copy of the 2009 Flood Contingency Plan has been forwarded to the Municipality of Clarington providing information on the roles and responsibilities of Kawartha Conservation and its partners in preparing for and responding to flood events, providing an overview of procedures and communication during a flood, including information on sandbag manufacturers and the location of Sand Depots, and key contact information; and, indicating that Kawartha Conservation is holding a Flood Forecasting and Warning Session for municipal emergency staff on March 4, 2009 to provide an overview of the KRCA's flood forecasting system and responsibilities, and to ensure clear communication and continued cooperation between agencies during flood emergencies. I - 29 Brock Carlton, Chief Executive Officer, Federation of Canadian Municipalities (FCM), advising since 1982 FCM has awarded the Roll of Honour to individuals who have made an outstanding contribution to the Federation and municipal governments in Canada; forwarding the 2009 FCM Roll of Honour criteria and procedures; and, requesting nominations be forwarded to honour(a~fcm.ca before April 6, 2009. Award presentations will be made at the FCM Annual Conference in Whistler, B.C. I - 30 Mirka Januszkiewicz, Director of Waste Management Services, Region of Durham, advising of changes to waste collection service effective March 31, 2009; advising the new levels of service will include weekly curbside collection of blue box recyclables and biweekly curbside collection of non-hazardous garbage with a four (4) bag limit plus $1.50 user pay bag tags over this limit, acall-in service for biweekly collection of bulky and metal goods; indicating there will be no changes to the existing weekly curbside collection of green bin organics, seasonal curbside collection of leaf and yard waste and Christmas trees; and, advising that staff will be initiating a communication plan shortly to announce these new changes to ensure minimal impacts to Clarington residents. Further information is available by calling 1-800-667-5671 or by accessing the Region's website at www.durhamregionwaste.ca. I - 31 Scott Lewis, Communications Manager, Canada Post Corporation, advising of the final results of the assessment of 102 rural mailboxes for RR # 2 and RR#3 in Clarington and indicating 43 boxes required no modification, 7 were required to be moved to safer locations and 49 were centralized into community mailboxes and indicating there were two addresses where there were no rural mailboxes. Council Meeting Minutes - 11 - March 2, 2009 I - 32 Eva Ligeti, Executive Director, Clean Air Partnership, forwarding a copy of the 2008 GTA Clean Air Council Declaration on Clean Air endorsed by GTA-CAC members at the June 2008 Smog Summit; outlining a joint workplan for the GTA-CAC targeting the following areas: energy conservation, green procurement, active transportation, renewable energy and green development; demonstrating that local governments are making significant progress in making their jurisdictions more competitive and greener; highlighting emerging issues for ongoing collaboration and capacity building; and, extending an invitation to attend the 10th Smog Summit on Wednesday, June 3, 2009, to promote clean air and climate change activities and to celebrate the work of all GTA-CAC members in making the GTA cleaner, greener and more livable. I - 34 John R. O'Toole, MPP, Durham, thanking Mayor Abernethy for attending the Economic Round Table held February 3, 2009; advising of a number of key initiatives emerging from the discussion including commencement of the New Build project at Darlington, job creation initiatives, hospital and healthcare funding, advancing transportation initiatives including Highway 407, and easing the regulatory burden that businesses and organizations face due to red tape; and, advising he will keep the comments in mind as Ontario's needs and priorities are further considered at Queen's Park. I - 35 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on February 9, 2009, the Town of Whitby adopted the following resolution pertaining to the Association of Municipalities of Ontario (AMO) position on waste diversion: "WHEREAS the Ministry of the Environment (MOE) has launched a five year review of the Waste Diversion Act and is seeking feedback on the challenges associated with Ontario's waste diversion framework, the programs under it and the proposed plan moving forward; WHEREAS on December 19, 2008, the Association of Municipalities (AMO) issued a correspondence request regarding the AMO position on the Waste Diversion Act and the Blue Box Program review; WHEREAS AMO and the Municipal Waste Association (MWA) support shifting full responsibility for all activities related to managing discarded consumer packaging and printed paper to the stewards responsible for producing this packaging; Council Meeting Minutes - 12 - March 2, 2009 WHEREAS AMO and MWA further support full Extended Producer Responsibility (EPR) to provide the incentive for stewards to examine and implement new design into their products to reduce the amount of packaging material in the first place, to enable reuse, to design with recyclability in mind and to design it in a way that will be cost effective; WHEREAS AMO and MWA have prepared a discussion paper recommending an expanded list of designated blue box materials including all post consumer packaging and printed paper with proposed implementation within 3 years; WHEREAS AMO and MWA support promotion and educational programs conducted at the Provincial level to provide consistent and comprehensive levels of service with adequate funded industry financial incentives to municipalities so they may target specific curbside collection requirements; THEREFORE BE IT RESOLVED THAT The Town of Whitby generally supports AMO correspondence on the Waste Diversion Act and the Blue Box Program Review Plan as set out in their letters to Honourable John Gerretsen, Minister of the Environment and Andrew Pollock, Vice Chair Waste Diversion Ontario dated December 19, 2008 for the Review of the (BBPP) Blue Box Program Plan and to Alena Grunwald, Project Manager at the Ministry of the Environment dated December 19, 2008 regarding the response to the review of the Ontario's Waste Diversion Act 2002 discussion paper EBR 010-4676; and, that a copy of this resolution be forwarded to the Region of Durham and all municipalities in the Region of Durham." I - 38 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living Oshawa/Clarington, advising of the success of the 2"d Annual Polar Chili Golf Classic which raised $10,000 for the Clarington Project; advising funds will be used to purchase supplies for arts & crafts, life skill lessons such as cooking, computers and literacy and to help pay for activities and outings the Project does through the community; and, extending appreciation to Mayor Abernethy for being the Honorary Chair and for encouraging participation and advocating support for the Centre. I - 39 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the Honourable Madeleine Meilleur, Minister of Community and Social Services, advising that on February 9, 2009, the Town of Whitby adopted the following resolution pertaining to the Initial Proposed Standard for Accessible Information and Communication: Council Meeting Minutes - 13 - March 2, 2009 "1. THAT the Town of Whitby forward Planning Report Item PL 14- 09 to the Minister of Community and Social Services as comments on the proposed Information and Communications Standard; as set out under Section 7 -Considerations; 2. THAT the Accessibility Working Committee receive a copy of the Planning Report Item PL 14-09 and establish a recommended strategy of policy development and implementation and estimated cost impacts for the consideration of the Planning and Development Committee and Council; 3. THAT a copy of Council's resolution together with Planning Report PL 14-09 be circulated to the Region of Durham, Durham Area Municipalities, Association of Municipalities of Ontario (AMO) and C. Elliot, MPP; and, 4. THAT the Province be requested to clarify its role as it relates to funding of the costs involved in achieving any new accessibility standards." I - 41 P. M. Madill, Regional Clerk, Region of Durham, writing to David Middleton, Chair, Durham Region Environmental Advisory Committee (DEAC), advising that on February 18, 2009, Regional Council adopted the following resolution pertaining to DEAC's 2008 Annual Report and 2009 Workplan: "a) THAT Report #2009-P-8 of the Commissioner of Planning be received as the Durham Environmental Advisory Committee's annual report on its activities in 2008; b) THAT the 2009 Durham Environmental Advisory Committee Workplan, outlined in Attachment #1 to Report #2009-P-8, be approved; and c) THAT a copy of Report #2009-P-8 be forwarded to the Durham Environmental Advisory Committee and the Area Municipalities. I - 42 P. M. Madill, Regional Clerk, Region of Durham, writing to Terry Clayton, Chair, Durham Trail Coordinating Committee (DTCC), advising that on February 18, 2009, Regional Council adopted the following resolution pertaining to DTCC's 2008 Annual Report and 2009 Workplan: "a) THAT Report #2009-P-9 of the Commissioner of Planning be received as the Durham Trail Co-ordinating Committee's annual report on its activities in 2008; Council Meeting Minutes - 14 - March 2, 2009 b) THAT the 2009 Durham Trail Co-ordinating Committee Workplan, outlined in Attachment #1 to Report #2009-P-9, be approved; and c) THAT a copy of Report #2009-P-9 be forwarded to the Durham Trail Co-ordinating Committee and the Area Municipalities." I - 43 P. M. Madill, Regional Clerk, Region of Durham, writing to Ivan DeJong, Chair, Durham Agricultural Advisory Committee (DAAC), advising that on February 18, 2009, Regional Council adopted the following resolution pertaining to DAAC's 2008 Annual Report and 2009 Workplan: "a) THAT Report #2009-P-7 of the Commissioner of Planning be received as the Durham Agricultural Advisory Committee's annual report on its activities in 2008; b) THAT the 2009 Durham Agricultural Advisory Committee Workplan, outlined in Attachment #1 to Report #2009-P-7, be approved; and c) THAT a copy of Report #2009-P-7 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the Area Municipalities." I - 44 Renata V. Y. Rozinger, Senior Traffic Analyst, Region of Durham, writing to Josie Coscarella in response to Ms. Coscarella's request for a speed reduction on Courtice Road and advising that speed study measures have been undertaken indicating that results are characteristic of speeds observed on arterial roads within similar speed zone limits and are set to reflect the current physical and behavioural characteristics of the roadway location. It has been suggested to Ms. Coscarella to address excess speeding of individual motorists with the Durham Regional Police Services. I - 46 Cheryl Bandel, Committee Clerk, Region of Durham, advising of the schedule for consideration of various reports for the proposed Energy From Waste Facility and enclosing a CD containing copies of the Baseline Environmental Study Report, the Archaeological Report, the Geotechnical Report, and the Natural Environment Report. These reports will be considered as follows: Wednesday, March 4 by the Site Liaison Committee Tuesday, March 10 by the Joint Waste Management Group Tuesday, March 24 by the Works Committee; and Wednesday, April 1 by Regional Council. Council Meeting Minutes - 15 - March 2, 2009 The review of International Best Practices of Environmental Surveillance for Energy-from-Waste Facilities Report will be considered at a Joint Works and Health and Social Services Committee on March 24, 2009. I - 49 Wanda Stephen, Acting CAO, Kawartha Conservation, forwarding for Council's review their 2009 Preliminary Budget outlining the conservation programs and projects, and associated funding requirements requested from their watershed municipalities; and, indicating that the Conservation's Board of Directors will vote on the 2009 Preliminary Budget and associated municipal levies on March 25, 2009. I - 51 Leslie and Barry James, expressing support for Mayor Abernethy in demanding decorum in the Council Chambers; stating that Jim Richards has not been banned from the Council Chambers and that Mr. Richards has the power to correct the situation by acknowledging his behavior was less than commendable; and, advising they feel the coverage in Clarington This Week was unbalanced. I - 52 Warren McCarthy responding to the requirement for Jim Richards to apologize to Council indicating that the words "bully" and "cronies" are not alarming or hostile in print, however he suspects the problem may have been the attitude, demeanor, tone and manner in which they were used and questioning what resources are available to review the original incident to determine what happened and if the public is able to access any sound or video recordings of Council proceedings. I - 53 J. E. Graham writing further to recent newspaper coverage regarding the rules of procedures at meetings and the requirement of the Chair to uphold the rules; advising when the Chair or Speaker of the House determines that a comment or activity is not advancing the issue at hand, it is his/her responsibility to bring the debate back to within acceptable levels and the request for a speaker to withdraw a remark dates back to the British Parliamentary System; and, advising the important factor is that Chairs need to ensure that public meetings are effective. I - 7 The Honourable David C. Onley, Lieutenant Governor of Ontario, extending an invitation to Council to consider nominating an exceptional individual for the Order of Ontario, Ontario's highest honour, recognizing individuals for their extraordinary achievements that have had an impact on their local community, province, country and beyond. The deadline for nominations is March 16, 2009. Council Meeting Minutes - 16 - March 2, 2009 Resolution #C-091-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT John Greenfield be nominated for the Order of Ontario. "CARRIED" I - 3 Minutes of the Clarington Traffic Management Advisory Committee dated January 15, 2009. Resolution #C-092-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the minutes of the Clarington Traffic Management Advisory Committee be received for information. "CARRIED" I - 8 Bill Temple, Retired Inspector, Durham Regional Police Services, expressing concern with the erosion of services at Lakeridge Health Bowmanville and the potential for decision-makers to make decisions that could negatively impact the entire community; advising the closure of the Bowmanville ER would mean more chaos and longer waits at Lakeridge Health Oshawa; and, offering his assistance in helping to keep Bowmanville's hospital a vibrant and integral part of the community. I - 9 Mary Taylor expressing concern with the potential loss of service at Lakeridge Health Bowmanville; advising she has personally used the services of the ER since November and due to her unique health issues it is critical the ER be available to her; stating an acute care facility is needed with all the building going on in the area; and, questioning how she can help to influence decision-makers to keep Lakeridge Health Bowmanville's ER open and viable. I - 10 John R. O'Toole, MPP, Durham, advising he is in concurrence with Council's resolution in support of the efforts of physicians in maintaining the full staff complement of on-site services at Lakeridge Health Bowmanville in support of the Emergency Department; commending Council for its advocacy on behalf of patients as well as doctors and all members of the healthcare team in Clarington; and, requesting to be kept informed of future action. Council Meeting Minutes - 17 - March 2, 2009 I - 11 The Honourable George Smitherman, Deputy Premier, Minister, Ministry of Energy and Infrastructure, acknowledging Council's correspondence regarding the importance of Lakeridge Health Bowmanville for the provision of emergency and other health services in Clarington and the surrounding region; advising the Province has committed to funding more than 100 major hospital projects as part of the ReNew Ontario Plan, including the redevelopment of Lakeridge Health Corporation's Oshawa site; and, advising that he will be working with the Honourable David Caplan, Minister of Health and Long-Term Care to review proposals for additional hospital projects including the request for an expanded emergency services department at Lakeridge Health Bowmanville. I - 12 Mrs. Churchill urging Council to put a stop to the possibility of the Bowmanville Hospital becoming a treat and transfer site; expressing concern that if specialty services are removed from Bowmanville Hospital patients will die waiting for treatment; and, stating she feels that the community requires a working hospital and emergency services to instill a sense of security in the health care of the municipality. I - 13 Gail Shortt, voicing her opposition to losing services at the Bowmanville Hospital; expressing concern that once services are removed, they are rarely reinstated and that the best plan is to not let this happen in the first place; questioning whether a plan has been put into place to increase support of ambulance service and whether this plan will actually save money; and, reinstating her opinion that no services should be cut at Bowmanville Hospital now or in the future, as Clarington is, and continues to be, a growing area. I - 14 Norman B. Ferrier, M.Sc., expressing concern with the apparent loss of health care services in Clarington and the stripping of services and funding from other Lakeridge operating sites to enhance the Lakeridge Oshawa site; expressing concern that the Bowmanville site will become merely a "treat and transfer" facility and if the physical plant is under maintained and under insured it may eventually suffer the same fate as the Whitby site; advising that as the Senior Planning Officer for a major urban EMS system, he is very familiar with how Emergency Medical Services operate stating that if the plans of Lakeridge Health are put into place, changes in EMS coverage and response times are likely to be profound, and that paramedics with serious patients in Clarington will begin to simply transport those patients to the Oshawa site resulting in dramatically longer transport times and decreased ambulance availability in Clarington; and, Council Meeting Minutes - 18 - March 2, 2009 urging Clarington Council to address this issue and for Clarington's Regional representatives to ensure Regional Council understands how urgent the situation is as there are important principles, and, more importantly, lives at stake. I - 15 Dianne Cowling, advising she is an employee of Lakeridge Health Bowmanville and is concerned with the proposed loss of services at Bowmanville Hospital; advising that the increase in population meets the requirements to have specialty services at the Bowmanville site and that the acuity of patients has increased dramatically; expressing concern that patients will suffer if the idea of the Bowmanville site becoming a "treat and transfer" facility is put into place due to increased transfer and wait times and questioning if investigation has been undertaken to accommodate increased workload for paramedic services; and, stating that a public information session should have been held to inform the public of what is being proposed. I - 16 Paul and Elizabeth Vaneyk, expressing alarm at the speculation that services at Lakeridge Health Bowmanville could be cut or reduced; advising of the need for provision of emergency care, surgery and specialty care at Lakeridge Health Bowmanville in view of the increase in population; stating Bowmanville Hospital needs to be one of multiple services in order to attract and retain doctors and other professionals; advising that founders, trainees, doctors, nurses, staff, board members and citizens have historically been proud of their hospital and deserve to have services near home; and, suggesting that support of Lakeridge Health Bowmanville through the purchase of a $10 membership may strengthen this sense of pride. I - 17 Peter Evans, President, Clarington Older Adult Centre Board, (COAA) writing to Kevin Empey, President and CEO, Lakeridge Health Corporation, registering the Board's concern regarding potential changes to health care delivery at Lakeridge Health Bowmanville; advising COAA has a membership of 1000 active older adults with Clarington's 55+ population currently over 15,000 and growing who believe the community needs the Bowmanville Hospital facility to continue with its current range of services; expressing concern with the funding gap that exists between Bowmanville hospital and the rest of Ontario; and, advising the COAA is encouraging its members to purchase Lakeridge Health Bowmanville memberships as a show of support. Council Meeting Minutes - 19 - March 2, 2009 I - 18 Wayne Robbins, Senior Vice President, Ontario Power Generation - Darlington Nuclear, writing to Mr. James Meloche, CSP Project Lead, Senior Director, Planning, Integration and Community Engagement, Central East Local Health Integrated Network, providing information about OPG's current operations and proposed generation plans which may impact recommendations concerning the CE LHIN's acute care services project; advising of the importance of the availability of high- quality health care services including acute and emergency care in close proximity to OPG's operating facilities for current operations and future generation plans, indicating that Lakeridge Health Bowmanville is the primary emergency centre that would be used in the unlikely event of any conventional or radiological emergency requiring health services; advising that Darlington will be the future home of two additional nuclear reactors and should the project proceed, there will be an added need for strong infrastructure including health care to support the station; providing current and projected employment statistics; and, hoping that the information provided will be of assistance in planning for the required acute care services in Durham Region. I - 19 James Thompson voicing his concern over the lack of doctors at Bowmanville Hospital and advising he is in support of whatever needs to be done to attract new doctors for the Emergency Department. I - 20 Edward Denny advising the fate of the Emergency Department at Lakeridge Health Bowmanville is of great concern to him and his wife and they would greatly appreciate anything that Council can do to save this very vital medical service for the community. I - 21 Steve Risebrough expressing concern with the possible reduction in services at Lakeridge Health Bowmanville; questioning what measures can be taken to show decision-makers that the community will allow this to happen especially in view of the rate Clarington and surrounding areas are expanding. I - 22 Kristin Robinson acknowledging that the purchase of Lakeridge Health Bowmanville memberships will show community support and help to save services at the hospital and questioning if members also need to attend the Annual General meeting to vote. Resolution #C-093-09 Moved by Councillor Woo, seconded by Councillor Novak THAT the authors of the letters pertaining to Lakeridge Health Bowmanville be thanked for their letters of support; and Council Meeting Minutes - 20 - March 2, 2009 THAT the items of correspondence be referred to all MPP's in Durham Region, to Kevin Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of Directors of Central East Local Health Integration Network (CHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care. "CARRIED" I - 23 P. M. Madill, Regional Clerk, Region of Durham, writing to Kevin Empey, CEO, Lakeridge Health Corporation, advising that on February 18, 2009, Regional Council adopted the following resolution pertaining to the future of Lakeridge Health Bowmanville: "WHEREAS area doctors are concerned that a shortage of critical staff, specifically specialists in internal medicine, could significantly impact the quality of care provided at Lakeridge Health, Bowmanville; AND WHEREAS local family doctors have concerns about the future of surgery at the Bowmanville site; AND WHEREAS the area doctors are concerned that the situation could turn Bowmanville into little more than a "treat-and-transfer" hospital from which patients requiring specialty services like surgery or internal medicine would simply be sent to Oshawa; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington support the area doctors in their effort to maintain the full staffing complement of on-site services that assist Emergency Room/General Medicine and General Surgery (i.e. Internists, Surgeons, Anesthetists, SCU, etc.,) at the Bowmanville site; THAT the CEO of Lakeridge Health corporation, Kevin Empey, the Chairman of the Board of Lakeridge Health Corporation, Doug Allingham and the Chair of the Board of Directors CELHIN, Mr. Foster Loucks be invited to clearly present their vision for the Central East LHIN's, the vision for Lakeridge Health Corporation and how Lakeridge Health Bowmanville fits into the overall vision; and THAT this resolution be forwarded to the Ministry of Health, Lakeridge Health, all Durham Region MPPS and the Region of Durham." Resolution #C-094-09 Moved by Councillor Novak, seconded by Councillor Woo THAT Pat Madill, Regional Clerk, Region of Durham be thanked for her letter of support of Lakeridge Health Bowmanville; and Council Meeting Minutes - 21 - March 2, 2009 THAT the correspondence be referred to all MPP's in Durham Region, to Kevin Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of Directors of Central East Local Health Integration Network (CHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care. "CARRIED" I - 27 Dan Hefkey, Assistant Deputy Minister and Chief, Ministry of Community Safety and Correctional Services, congratulating the Municipality of Clarington for completing all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act for 2008; advising that the maintenance of sound community emergency management programs helps to ensure that municipalities are prepared to respond to emergencies and that meeting Ontario's emergency management standards reflects a great deal of effort and commitment of significant resources; and, commending Council and staff on this accomplishment. Resolution #C-095-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I - 27 from Dan Hefkey, Assistant Deputy Minister and Chief, Ministry of Community Safety and Correctional Services with respect to the completion of Emergency Management activities be received for information; and THAT staff be congratulated for their accomplishments in completing all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act for 2008. "CARRIED" I - 33 Nestor Chornobay, Director, Strategic Planning Branch, Regional Municipality of Durham, forwarding a copy of Report 2009-P-11 providing an update on the Regional Official Plan Amendment (ROPA) Schedule for Growth Plan Implementation. Resolution #C-096-09 Moved by Councillor Novak, seconded by Councillor Foster THAT correspondence Item I - 33 from the Region of Durham with respect to the Growth Plan Implementation -Regional Official Plan Amendment Schedule be received for information. "CARRIED" Council Meeting Minutes - 22 - March 2, 2009 I - 36 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on February 9, 2009, the Township of Uxbridge adopted the following resolution pertaining to the Growth Plan for the Greater Golden Horseshoe: "WHEREAS the Places to Grow Act, 2005 requires that municipal official plans be amended to implement the provisions of the Growth Plan for the Greater Golden Horseshoe (Growth Plan) by June 16, 2009; and WHEREAS the Region of Durham is undertaking a Growth Plan Conformity exercise which is expected to result in the adoption of an amendment to the Durham Regional Official Plan by June 2009; and WHEREAS the Durham Regional Official Plan Amendment to implement the Growth Plan must receive final approval by the Province and is subject to an appeal process; and WHEREAS the Township of Uxbridge cannot adopt an amendment to the Township Official Plan to implement both the Growth Plan and the related Durham Regional Official Plan amendment prior to the final approval of the Durham Regional Official Plan Amendment by the Province, or the Ontario Municipal Board, as the case may be: NOW THEREFORE BE IT RESOLVED THAT: 1. Due to the anticipated timing for completion of the Region's Growth Plan Conformity exercise and the subsequent approval process, the Council of the Township of Uxbridge requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing to grant an extension of the June 16, 2009 deadline for the Township to amend the Uxbridge Official Plan to conform with the Growth Plan to an appropriate date following the approval, or resolution of any appeals, of an amendment to the Durham Regional Official Plan that implements the provisions of the Growth Plan. 2. A copy of the Council resolution be forwarded to the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing; and A copy of the Council resolution be forwarded to the Region of Durham and the Region of Durham area municipalities for information." Council Meeting Minutes - 23 - March 2, 2009 I - 47 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable George Smitherman, Minister of Energy and Infrastructure, advising that on February 2, 2009, Oshawa City Council adopted the following resolution pertaining to the Provincial Growth Plan Conformity Extension Request: "WHEREAS the Places to Grow Act, 2005 requires that municipal official plans be amended to implement the provisions of the Growth Plan for the Greater Golden Horseshoe (Growth Plan) by June 16, 2009; and, WHEREAS the Region of Durham is undertaking a Growth Plan Conformity exercise which is expected to result in the adoption of an amendment to the Durham Regional Official Plan by June 2009; and, WHEREAS the Durham Regional Official Plan Amendment to implement the Growth Plan must receive final approval by the Province and is subject to an appeal process; and, WHEREAS the City of Oshawa cannot adopt an amendment to the Oshawa Official Plan to implement both the Growth Plan and the related Durham Regional Official Plan amendment prior to the final approval of the Durham Regional Official Plan Amendment by the Province, or the Ontario Municipal Board, as the case may be; THEREFORE BE IT RESOLVED THAT: Due to the anticipated timing for completion of the Region's Growth Plan Conformity exercise and the subsequent approval process, the Council of the City of Oshawa requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing to grant an extension to the June 16, 2009 deadline for the City to amend the Oshawa Official Plan to conform with the Growth Plan to an appropriate date following the approval, or resolution of any appeals, of an amendment to the Durham Regional Official Plan that implements the provisions of the Growth Plan. 2. A copy of the Council resolution be forwarded to the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing; and, 3. A copy of the Council resolution be forwarded to the Region of Durham and the Durham Region area municipalities for information." Council Meeting Minutes - 24 - March 2, 2009 Resolution #C-097-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the resolutions from the Township of Uxbridge and the City of Oshawa with respect to the Growth Plan for the Greater Golden Horseshoe be endorsed. "CARRIED" I - 37 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on February 9, 2009, the Township of Uxbridge adopted the following resolution pertaining to the Clinical Services Plan: "WHEREAS the Township of Uxbridge recently received correspondence from the Friends of the Ajax Pickering Hospital regarding development of the Clinical Services Plan by the Central East LHIN with anticipated completion in January or early February; AND WHEREAS the Township of Uxbridge agrees with the Friends of the Ajax Pickering Hospital that it is critically important that the members of the general public of all affected communities with the Central East LHIN be fully advised and informed of the detailed contents and implications of the plan for the hospital and health care services before the plan is adopted for use; AND WHEREAS the Township of Uxbridge want to emphasize that widespread and full communication with, and the full involvement of the general public in understanding and accepting the Clinical Services Plan is vital to the Plan's success; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Uxbridge hereby request: THAT the detailed Clinical Services Plan be made readily available to the general public for their study, input and comments prior to adoption of the Plan; 2. AND THAT the Board of the Central East LHIN hold public meetings throughout the length and breadth of the LHIN in order to explain the detailed Clinical Services Plan, and to answer questions after the general public has had an opportunity to study the plan and before its final adoption; 3. AND THAT after the public meetings and input from the general public, any revised versions of the Plan be made available to the general public for further comment prior to final adoption; Council Meeting Minutes - 25 - March 2, 2009 4. AND THAT this Resolution be forwarded to all municipalities within the Central East LHIN and the Region of Durham and all Durham MPP's." Resolution #C-098-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the resolution from the Township of Uxbridge with respect to the Clinical Services Plan be endorsed. "CARRIED" I - 40 Carol Parks, writing to Michael Angemeer, Veridian Corporation, expressing appreciation to Veridian staff for the prompt, efficient and courteous service she received on Christmas Eve when a partial power outage occurred at her home at 9:00 p.m., especially to the three employees, who, through their reassurance and help in restoring power to her home on Christmas Eve, made her Christmas. Resolution # C-099-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT correspondence Item I - 40 from Carol Parks thanking staff of Veridian Corporation for exemplary service, be received for information. "CARRIED" I - 45 Jim Connell, writing to the Editor, expressing concern that Remembrance Day, November 11t", is not a statutory holiday in Ontario while Family Day was made a holiday across Ontario and other provinces in Canada. Mr. Connell feels that the sacrifices made by veterans for our freedom, including the ability to enjoy Family Day, should be appropriately recognized and questioning whether a petition should be forwarded to Parliament for consideration. Resolution #C-100-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the position of Jim Connell in questioning why Remembrance Day is not a statutory holiday in Ontario be endorsed. "CARRIED" Council Meeting Minutes - 26 - March 2, 2009 I - 48 P. Madill, Regional Clerk, Region of Durham, advising Council that on February 18, 2009, Regional Council adopted a resolution pertaining to the 2009 Annual Solid Waste Management Service and Financing Study and the Proposed 2009 Business Plans and Budgets. A copy of the Annual Solid Waste Management Servicing and Financing Study and the 2009 Business Plans and Budgets was received in the Municipal Clerk's Department. Resolution #C-101-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item I - 48 from P. Madill, Region of Durham with respect to the 2009 Annual Solid Waste Management Service and Financing Study and the Proposed 2009 Business Plans and Budgets be received for information. "CARRIED" I - 50 Garth Gilpin, Secretary-Treasurer, advising Council that there will not likely be any hanging flower baskets or planters in downtown Bowmanville as the free watering service provided by Rekker Gardens will not be available and the BIA does not have the financial resources to water the plants. Resolution #C-102-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Municipality consider, through the Operations Department, the Maintenance (watering only) of the various hanging baskets and plantings through the BIA designated areas as well as consideration of providing baskets for the Municipally owned poles spanning the Bowmanville Creek. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence D - 25 and D - 26 were received as handouts. Resolution #C-103-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 14 be approved as per the agenda, with the exception of Items, D - 5, D - 6, D - 7, and D - 10. "CARRIED" Council Meeting Minutes - 27 - March 2, 2009 D - 1 Frank MacPhee, President, and Donna Donaldson, Executive Officer, Durham Region Home Builders' Association, inviting Mayor Abernethy to attend the Association's "Mayors & Members" evening on March 17, 2009, as they launch "New Homes Month" in Durham Region; and, requesting Council to declare April 2009 as "New Homes Month" in recognition of new home construction and home ownership as a basic factor in economic progress and quality of life. (Proclaimed) D - 2 Alice Johnson, Volunteer Chair, PITCH-IN Ontario, forwarding information on how to involve the community in the 2009 Operation: Clean Sweep Campaign, a community clean-up and beautification project; advising April 20 to 26, 2009 is PITCH-IN Week; and, encouraging the municipality to consider becoming a Municipal PITCH-IN patron which will assist in providing free materials to local volunteer coordinators as they organize groups for clean-up projects in the community. (Correspondence referred to the Director of Operations) D - 3 Paul Vaneyk, requesting that the 50 km per hour speed limit on Concession Road 7, between Tyrone and Leskard be reverted back to an 80 km speed limit. Mr. Vaneyk stated that he has carried on a farming business for 48 years and that the rural area of the road past the subdivision east of Tyrone village has always been 80 km per hour; that he needs to have the higher speed limit to make the hills with his grain trucks; that Concession Road 7 is no more dangerous that other roads for school buses; and, that he should not be penalized because of a complaint by a school bus company. (Correspondence referred to the Director of Engineering Services) D - 4 Kim McInnis, Secretary, North Dundas History Stewarts, questioning whether the artifacts formerly owned by Brian McFarlane and housed at the Total Hockey Museum contain any artifacts of the Inkerman Rockets, which may be of interest to the Town of Inkerman, and the Township of North Dundas, noting Mr. McFarlane was a member of the Inkerman Rockets. (Correspondence referred to the Director of Community Service) Council Meeting Minutes - 28 - March 2, 2009 D - 8 Joy Freemantle, President, Durham Region Branch Council, Canadian Red Cross, requesting permission to fly the Red Cross flag at the Municipal Administrative Centre for the month of March, in recognition of Red Cross Month and Red Cross' 100th year of service in Canada and around the world. (Permission granted to fly the Red Cross flag at the Municipal Administrative Centre for the month of March) D - 9 Darlene Matthews tendering her resignation from the Clarington Accessibility Advisory Committee due to personal reasons and extending best wishes to the Committee on their future endeavours. (Correspondence received with regret and referred to the Municipal Clerk) D - 11 Students of Mrs. Hamer-Strahl's Grade 10 History class, Port Perry High School, expressing concern with the proposed demolition of Camp 30 and requesting the historical site be preserved for future generations to experience a part of Canadian heritage. (Correspondence referred to the Director of Planning Services) D - 12 Bob Taylor, Co-Chairperson, Durham Region Senior Games, advising the Ontario Senior Games Association (OSGA) commits to enhancing the lives of seniors in Ontario by running Actifest and Winterfest; advising the mandate of the Durham Region Seniors Games is to offer these games in Durham each year to qualify participants to represent Durham at Actifest and Winterfest; advising presently participants contribute 88% of the costs to run the events; and, requesting financial assistance in the amount of $100 to $250 to assist the Durham Region Senior Games Committee in presenting a quality Senior Games program in Durham Region. If approved, the municipality would receive appropriate recognition in all programs, events and any promotional material distributed. (Correspondence referred to the Director of Community Services) D - 13 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting approval for the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank Parking Lot for the following 2009 events: Council Meeting Minutes - 29 - March 2, 2009 Maple Festival and All That Jazz Friday, May 1, at 8:00 p.m. (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 2, at 7:30 p.m. Fabulous Fifties Festival August Moonlight Madness Apple Festival and Craft Sale Christmas Moonlight Magic Friday, June 19 (Temperance Street from King Street to Church Street from 4:00 p.m. until 11:00 p.m.) and as above on Saturday, June 20 from 5:00 a.m. until 8:00 p.m. Friday, August 14, from 5:00 p.m. until August 15 at 12:30 a.m., as above Friday, October 16 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 9:00 p.m. until Saturday, October 17 at 8:00 p.m. Friday, December 4 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m. and requesting permission to close the 20 King Street East Parking lot from 7:00 a.m. until 3:00 p.m. on April 11th to facilitate the Easter Egg Hunt and Lion's Club Easter Brunch. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Council Meeting Minutes - 30 - March 2, 2009 D - 14 Eric Atkins, expressing concern with the Ontario Federation of Anglers and Hunters becoming the managers of the Kendal Crown Lands; expressing dismay that the area known as the Kendal Recreation Park, once a hub of summer and winter activity has disappeared, forced out by reckless hunting habits and fencing of the area by the Ministry of Natural Resources; and, requesting municipal and provincial representatives join forces with local residents to give the Kendal Recreation Park back to the public to enjoy in safety. (Correspondence referred to the Municipal Clerk) D - 5 Raymond Smith, expressing his disagreement with the proposed plan to demolish Camp 30; expressing concern with the area trend to destroy buildings with historical significance; and suggesting that the buildings could be refurbished and could put people to work in this depressed time. D - 6 Rita Edgell, Member, LACAC Heritage Whitby, expressing concern that the builders are considering demolition of Camp 30; stating too many heritage buildings have already been lost; and, urging Council to take all necessary steps to preserve the buildings and history for future generations. D - 7 Tracey Ali, advising of her support of protecting Camp 30 from demolition and requesting Federal government contact information on who could be notified about preserving Camp 30. Resolution #C-104-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 5 from Raymond Smith, Item D - 6 from Rita Edgell and D - 7 from Tracey Ali, with respect to the protection of Camp 30 be referred to the Director of Planning Services. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 10 as this matter deals with the compliance audit issue related to the 2006 municipal election. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired this portion of the meeting. Council Meeting Minutes - 31 - March 2, 2009 D - 10 Don Prout, Cynthia Prout, Sean Kean and George Van Dyk, expressing concern that to date, the audit required under Section 81(4) of The Municipal Elections Act has not been conducted on the financial statement of former Mayor John Mutton; reminding Council of their legal responsibility to appoint an auditor to conduct the audit; citing specific information requiring investigation with respect to the use of municipal resources and personnel and the occupancy of a building in contravention of the Ontario Building Code Act, advising that since Council has not responded to previous requests, the requesters feel they will have no choice but to proceed to Provincial Court to have an Order issued for Council to do their job; and, requesting that the auditor who performed the Vaughan and Hamilton audits be appointed by the Courts. Resolution #C-105-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 10 from Don Prout, Cynthia Prout, Sean Kean and George Van Dyk with respect to the audit required under Section 81(4) of The Municipal Elections Act on the financial statement of former Mayor John Mutton be referred to the Municipal Clerk. "CARRIED" Mayor Abernethy resumed the Chair. D - 15 Grant Algar requesting anine-month extension to Building Permit No. 08.0509 for 4327 Fices Road, due to problems resulting from a wet summer, problems with the foundation, early winter with extreme cold temperatures and heavy snowfall, and problems with the trusses. Resolution #C-106-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Grant Algar be granted a nine month extension for the use of temporary living quarters at 4327 Fices Road subject to signing a further letter of undertaking. "CARRIED" Council Meeting Minutes - 32 - March 2, 2009 D - 16 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on February 9, 2009, the Town of Ajax adopted the following resolution pertaining to authority to prohibit corporate and trade union contributions to municipal election campaigns: "WHEREAS the Municipal Elections Act, 1996, enables individuals normally resident in Ontario, corporations that carry on business in Ontario and unions that hold bargaining rights for employees in Ontario to make contributions of up to $750 in total to any candidate for all municipal offices, with the exception of candidates for Mayor of Toronto who are permitted to accept maximum individual contributions of $2,500; and, WHEREAS the Municipal Elections Act, 1996, [S. 70.1(1)] provides that the City of Toronto alone "may by by-law prohibit a corporation that carries on business in Ontario or a trade union that holds bargaining rights for employees in Ontario from making a contribution to or for any candidate for an office on city council."; and, WHEREAS a recent study by Prof. Robert MacDermid, titled "Funding City Politics", examined financial contributions to municipal election campaigns in the Greater Toronto Area and, in particular, raised issues with respect to the amount and potential influence of contributions from land and property development corporations; and, WHEREAS no corporate or trade union contributions to municipal candidates and parties have been permitted in Quebec since 1980; both Quebec and Manitoba have banned corporate and union contributions to Provincial candidates and parties; and all such contributions were prohibited from federal electoral politics prior to the last Canadian election; BE IT RESOLVED THAT the Government of Ontario be requested to amend the Municipal Elections Act, 1996 to provide all municipalities in the Province with the authority to pass a by-law that would prohibit a corporation that carries on business in Ontario or a trade union that holds bargaining rights for employees in Ontario from making a contribution to or for any candidate for an office on the respective municipal council." Council Meeting Minutes - 33 - March 2, 2009 Resolution #C-107-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Town of Ajax with respect to authority to prohibit corporate and trade union contributions to municipal election campaigns be received for information. "CARRIED" D - 17 A. Alan Borovoy, General Counsel, Canadian Civil Liberties Association, expressing concern with Council's resolution of April 21, 2008, purporting to ban Jim Richards, a constituent, from addressing Council until he issues a personal written apology for certain remarks he made earlier; indicating that the record, as they have seen it, discloses no legal basis for the imposition of so drastic a measure, or indeed, for any sanction at all and Council's action in this case may also infringe the Canadian Charter of Rights and Freedoms; acknowledging the right of municipal councils to promulgate ground rules for the exercise of debate and reception of delegations but in no event should citizens be sanctioned merely for criticizing the way officials discharge their duties or for the use of terms such as "bully"; and, requesting Council to rescind the prohibition imposed upon Mr. Richards' participation at its public meetings. Resolution #C-108-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 17 from the Canadian Civil Liberties Association be referred to a closed session of Council to seek advice with respect to legal ramifications. "MOTION LOST" Resolution #C-109-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 17 from A. Alan Borovoy, General Counsel, Canadian Civil Liberties Association regarding the ban of Jim Richards from addressing Committee and Council be received; and THAT Mr. Borovoy be advised of actions taken following consideration of the Business Arising From the Notices of Motion section of the agenda. "CARRIED" Council Meeting Minutes - 34 - March 2, 2009 D - 18 Kevin C. Christenson, City Clerk, City of Hamilton, advising Council that on January 28, 2009, the City of Hamilton adopted the following resolution pertaining to Bill 138, Protection of Public Participation Act, 2008: "WHEREAS Andrea Horvath, Ontario's NDP Critic for Municipal Affairs, has introduced a private members bill to counter Strategic Lawsuits Against Public Participation (SLAPP) used by proponents to silence those who object to their developments; AND WHEREAS the well-heeled industrial interests suing citizens to silence public objections; while bulldozing projects through municipal councils and the Ontario Municipal Board (OMB) will be a thing of the past; AND WHEREAS "Ontario could be the birthplace of North America's most effective anti-SLAPP legislation," Horvath said. "When individuals and groups can be sued for millions of dollars simply because they take a stand against unwanted developments in their communities, something is terribly wrong. My Bill will take the sting out of SLAPP. I want the McGuinty government to accelerate this initiative in order to end this scourge on our democracy once and for all." AND WHEREAS Horwath's Bill 138, Protection of Public Participation Act, 2008 would enable such lawsuits to be dismissed at an early stage. It would indemnify defendants for costs incurred and allow additional costs for damages to be awarded to them by a court or tribunal. A significant mechanism in Horwath's Bill would stop governments and tribunals from proceeding with the planning process where SLAPP tactics exist; AND WHEREAS Horvath has strong support for her bill from Environmental Defence, a group at the forefront of fighting SLAPP and the chill it has brought to citizen's groups such as the Innisfil District Association (IDA). The IDA has been hit with a $3.2 million SLAPP at the OMB because of its courageous stand against a massive and unwanted resort development on the shores of Lake Simcoe at Big Bay Point; AND WHEREAS The recent Uniform Law Conference, a yearly gathering of provincial Attorneys General, identified SLAPPs as a growing and worrisome trend across Canada and specifically identified the ongoing Big Bay Point OMB cost application, as a case in point; Council Meeting Minutes - 35 - March 2, 2009 AND WHEREAS Dr. Rick Smith, Executive Director, and lawyer, David Donnelly, himself the target of such a lawsuit, says a law protecting public participation is very much needed. "Surely it's Job 1 of the Ontario legislature to ensure that Ontarians can engage with our democracy -including provincial courts and tribunals -without fear of intimidation by bullying developers or crippling financial liability," Smith said. "Unless the current system is changed, I am very concerned that citizens will increasingly shy away from speaking their mind publicly and our public life, urban planning regimes and environmental protection will be the poorer for it."; THEREFORE BE IT RESOLVED THAT the Council of the City of Hamilton: a. Support the efforts of MPP Andrea Horwath with respect to the current Bill 138 -Protection of Public Participation Act, 2008. b. Circulate this resolution to all other Ontario municipalities encouraging them to consider similar resolutions of support." Resolution #C-110-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D - 18 from the City of Hamilton with respect to Bill 138, Protection of Public Participation Act, 2008 be referred to the Municipal Clerk. "CARRIED" D - 19 The County of Prince Edward advising Council that on December 15, 2008, the County of Prince Edward adopted the following resolution pertaining to wind turbines: "WHEREAS Prince Edward County is an island municipality located in Lake Ontario just west of Kingston and has been identified for significant wind farm development, both onshore and offshore; and WHEREAS currently six (6) wind turbine development companies have publicly signaled a desired presence with three (3) applications in place at the formal planning application stage (1 of these at the Ontario Municipal Board); and WHEREAS the need for renewable energy sources is recognized at the federal, provincial, municipal and local community levels; and Council Meeting Minutes - 36 - March 2, 2009 WHEREAS wind generated power is an established source of renewable energy being created globally; and WHEREAS populated and publicly owned and occupied lands and waters are being identified for industrial wind turbine development; and WHEREAS discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; and WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; and WHEREAS other Ontario municipalities, being the Township of Loyalist and the Township of Dawn-Euphemia, have passed resolutions expressing concern with the health effects associated with wind turbines; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Prince Edward requests that the Federal and Provincial government agencies responsible for public health, energy creation and energy management complete the following: Dedicate resources to the necessary scientific research to consider the impact of: a. low frequency noise and, b. electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers. THAT the resolution of the Township of Loyalist dated September 25, 2008 be supported; and THAT this resolution be forwarded with a request for action to: The Ontario Ministries of Health, Environment and Energy, Medical Officers of Health at Public Health Units, Environment Canada, Health Canada, all MPPs and MPs, The Premier's Office, the Prime Minister's Office, the Association of Municipalities of Ontario (AMO), and The Federation of Canadian Municipalities (FCM); and Council Meeting Minutes - 37 - March 2, 2009 THAT this resolution be circulated to all municipalities and native territories in Ontario requesting their support." Resolution #C-111-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution of the County of Prince Edward with respect to wind turbines be received for information. "CARRIED" D - 20 Sandra Kranc, City Clerk, City of Oshawa, writing to the Association of Municipalities of Ontario (AMO) advising that on February 2, 2009, Oshawa City Council adopted the following resolution pertaining to OMERS coverage and benefits for staff serving in the Military: "1. THAT any employee on military reservist leave be reimbursed the `employer portion' of the OMERS contributions if the employee chooses to buy back broken service time while on `reservist leave' as outlined in Report FA-09-04 dated January 15, 2009 from the Commissioner, Corporate Services; and, 2. THAT further to the above, employees who are on reservist leave be reimbursed their benefit cost in the Public Service Health Care Plan as outlined in Report FA-09-04; and, 3. THAT the practice of reimbursing the employer portion of OMERS contributions and benefits costs for employees who are on reservist leave be incorporated into the Human Resources Administration Manual Policy; and, 4. THAT a copy of this report be sent to the Association of Municipalities of Ontario, local area municipalities and the Region of Durham." Resolution #C-112-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution of the City of Oshawa with respect to OMERS coverage and benefits for staff serving in the Military be referred to the Director of Corporate Services. "CARRIED" Council Meeting Minutes - 38 - March 2, 2009 D - 21 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the Honourable George Smitherman, Deputy Premier and Minister of Energy and Infrastructure, advising that on February 9, 2009, the Town of Whitby adopted the following resolution pertaining to Ontario Nuclear New Build Procurement Project: "1. THAT Community and Marketing Services Department Report No. 09-09 be received as information; 2. THAT Council endorse the following resolution: • WHEREAS a secure and competitively priced energy supply is a key foundation for the maintenance and growth of a competitive Ontario and Durham Region economy; • AND WHEREAS Canada's and Ontario's nuclear industry has a demonstrated track record of safety, innovation and environmental stewardship; • AND WHEREAS Canadian innovative design and manufacture of nuclear reactor reports has proven to be competitive in world markets; • AND WHEREAS there is currently and projected to be an increase in the expansion of nuclear construction worldwide and Ontario and Durham Region stand to benefit through the export of nuclear components and technology; • AND WHEREAS more than 150 Canadian/Ontario companies employ over 12,000 high tech workers in the nuclear energy area; • THEREFORE BE IT RESOLVED THAT the Town of Whitby calls upon the Provincial Government to give priority in the procurement process for the next generation of nuclear power technology to be sited at Darlington, to the bidder that has substantial current investments, strategic partnerships and alliances in and with Ontario companies, and is prepared to further establish and demonstrate continued investment in and with Ontario companies to enhance and provide sustainable employment opportunities for the new nuclear build project; and, Council Meeting Minutes - 39 - March 2, 2009 3. THAT the Clerk forward a copy of this report, once approved by Council, to the Honourable George Smitherman, Deputy Premier and Minister of Energy and Infrastructure; Honourable Michael Bryant, Minister of Economic Development; Honourable Dwight Duncan, Minister of Finance and Chair of the Management Board of Cabinet; Honourable John Wilkinson, Minister of Research and Innovation; Christine Elliott, MPPWhItby-Oshawa; all other Members of Provincial Parliament in Durham Region; office of the Prime Minister; Honourable Lisa Raitt, Minister of Natural Resources; Honourable Jim Flaherty, Minister of Finance and Minister Responsible for the GTA and MPWhitby-Oshawa; all other members of Federal Parliament in Durham Region; Durham Region Economic Development and Tourism Department; local municipal economic development offices in Durham Region; all Boards of Trade and Chambers of Commerce in Durham Region; and the Regional Municipality of Durham and the Municipality of Clarington." Resolution #C-113-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution of the Town of Whitby with respect to the Ontario Nuclear New Build Procurement Project be endorsed. "CARRIED" D - 22 Alex Mitchell, City Clerk, City of Cambridge, advising Council that on February 9, 2009, the City of Cambridge adopted the following resolution pertaining to Internet filtering software on computers: "WHEREAS there is no law in Ontario prohibiting pornography and other sexually explicit material from being viewed on computers in public schools and libraries; AND WHEREAS there are public schools and public libraries that do not use Internet filtering software on computers that blocks such inappropriate material; AND WHEREAS significant changes have occurred with respect to computer technologies, software and programs that could filter access to inappropriate, explicit sexual content; AND WHEREAS parents in the province of Ontario have the right to ensure their children are protected from pornography and other inappropriate material available on the Internet in their public schools and libraries; Council Meeting Minutes - 40 - March 2, 2009 THEREFORE BE IT RESOLVED THAT the council of the Corporation of the City of Cambridge petitions the Honourable M. Aileen Carrol, Minister of Culture, the Honourable Dalton McGuinty, Premier of Ontario and, the Legislative Assembly of Ontario to require all public schools and libraries in Ontario to be required to install Internet filtering software on computers to avoid viewing of sites with inappropriate, explicit sexual content; AND FURTHER THAT the motion once approved be forwarded to all MPPs representing Waterloo Region, to the Leader of the Official Opposition, to the Leader of the 3rd party and, through AMO, to all other municipalities for their consideration. Resolution #C-114-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the City of Cambridge with respect to Internet filtering software on computers be received for information. "CARRIED" D - 23 Kimberley Kitteringham, Town Clerk, Town of Markham, advising Council that on February 10, 2009, the Town of Markham adopted the following resolution pertaining to Federal Tax Incentives for Heritage Properties Landmarks Not Landfill Campaign: "1. WHEREAS according to the Heritage Canada Foundation, Canada has lost more than 20% of its pre-1920 heritage buildings to demolition over the past 30 years; and, 2. WHEREAS the Heritage Canada Foundation has stated that urgent action is needed to stop the demolition of Canadian landmarks, to restore and re-use them, and to acknowledge their value as a reminder of our origins and cultures; and, 3. WHEREAS heritage buildings are also a valuable economic development resource which supports re-urbanization initiatives and tourism, stimulates adjacent development, increases property values, all while providing environmental benefits by way of reducing landfill, preserving natural resources and promoting sustainability; and, WHEREAS there are currently no federal financial incentives to encourage private sector investment in the rehabilitation of heritage properties; and, Council Meeting Minutes - 41 - March 2, 2009 WHEREAS Heritage Markham, Council's heritage advisory committee, has requested that the Town of Markham pass a resolution requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties; and, BE IT RESOLVED THAT the Corporation of the Town of Markham endorse resolutions by the Heritage Canada Foundation and the Federation of Canadian Municipalities that request the Federal Ministers of Finance and the Environment to establish tax incentives which would encourage private sector investment in the rehabilitation of heritage properties; and, THAT this motion be forwarded to local Members of Parliament and Greater Toronto Area (GTA) municipalities for their support; and THAT the Association of Municipalities of Ontario be requested to support the work of the Heritage Canada Foundation and the Federation of Canadian Municipalities regarding the need for federal tax incentives by endorsing a resolution at its Annual Convention; and further, THAT Staff be authorized and directed to do all things necessary to give effect to this resolution." Resolution #C-115-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Town of Markham with respect to Federal Tax Incentives for Heritage Properties Landmarks Not Landfill Campaign be endorsed `in principle'. "CARRIED" D - 24 Mayor Strauss, Township of Woolwich, advising the Township of Woolwich is the only municipality in Ontario remaining in the 2009 Kraft Hockeyville title and requesting Council's assistance in promoting support of Woolwich's bid for the Hockeyville title by encouraging voting between 11:00 p.m. on February 28 to 11:59 p.m. on March 4, 2009. Unlimited votes can be cast by calling 1-866-533-8066, by text "Vote Woolwich" to 222111 or on-line at www.WoolwichHockeyville.ca. Council Meeting Minutes - 42 - March 2, 2009 Resolution #C-116-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D - 24 from Mayor Strauss, Township of Woolwich with respect to Woolwich's bid for the Kraft Hockeyville title be received for information. "CARRIED" D - 25 Linda Gasser, expressing concern with the process undertaken by the Project Team regarding the Durham/York Environmental Assessment for the proposed Energy-From-Waste facility, with respect to public access to information and the public consultation process, and requesting Council to write to the Joint Waste Management Group to request that they direct the Project Team to post all project information on the EA project website as soon as it becomes available. Resolution #C-117-09 Moved by Councillor Woo, seconded by Councillor Foster THAT the joint Waste Management Group be requested to direct the Project Team to post all project information on the EA Project website within 24 hours of it becoming available; and THAT Linda Gasser be advised of Council's decision. "CARRIED" D - 26 Charles Mellon regarding the acquisition of 71 Old Kingston Road. He understands that the Municipality wants to acquire his land as a park and has been advised that the deal becomes final on May 20, 2009. He would very much like to rent the house at a reasonable price or get an extension on the date that he must vacate the property. The house is in the very corner of the property and should not interfere with any park work that is being done. Resolution #C-118-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 26 from Charles Mellon with respect to the acquisition of 71 Old Kingston Road be received for information. "CARRIED" Council Meeting Minutes - 43 - March 2, 2009 Resolution #C-119-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT the order of the agenda be altered to address the two confidential matters at this time. "CARRIED" Resolution #C-120-09 Moved by Councillor Woo, seconded by Councillor Trim THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving legal advice regarding an insurance claim and an assessment appeal. "CARRIED" The meeting resumed in open session at 10:50 p.m. The Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. Two legal matters were considered and two resolutions were passed to provide direction to staff. Resolution #C-121-09 Moved by Councilor Foster, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow for introduction of a motion. "CARRIED" Resolution #C-122-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the order of the agenda be altered to consider the passage of a by-law at this time. "CARRIED" Council Meeting Minutes - 44 - March 2, 2009 BY-LAWS Resolution #C-123-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-034, being a by-law to ratify the appeal of the assessment of certain lands owned by Vermont Village Homes Ltd. to the Assessment Review Board on behalf of the Municipality of Clarington and to proceed with the said appeal; and that the said by-law be now read a first, second and third time and finally approved. "CARRIED" Resolution #C-124-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the meeting proceed beyond the hour of 11:00 p.m. to allow for the completion of the agenda. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report February 23, 2009. Resolution #C-125-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of February 23, 2009, be approved. "CARRIED" - 45 - March 2, 2009 Council Meeting Minutes BUSINESS ARISING FROM NOTICE OF MOTION Councillor Trim chaired this portion of the meeting. Resolution #C-126-09 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the residents of the Municipality of Clarington will be adversely affected by the unusually severe economic climate, and there is an opportunity for Council to recognize the hardship experienced by Clarington taxpayers; NOW HEREBY BE IT RESOLVED THAT the Mayor of the Municipality of Clarington advises that the 3% salary increase approved through by-law 2008-020 as the normal wage increase applicable to the 2009 Mayor's salary will be returned to the Municipality as a payroll deduction or direct re-payment; THAT the associated 3% increase in monthly mileage allowance paid through payroll will also be returned to the Municipality in the same manner; THAT the overall salary established as appropriate for the position remain as approved in by-law 2008-020, with the payroll deduction reflecting as a revenue to the Municipality so as not to affect comparison with other Area Municipality rates; and THAT the Municipal Councillors be encouraged to consider the same donation of the 3% salary increase and 3% mileage allowance increase by returning the increase to be recognized as a revenue to the Municipality of Clarington for 2009. "SEE FOLLOWING MOTION" Resolution #C-127-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the foregoing Resolution #C-125-09 be tabled to the 2009 budget education session which will be scheduled later this fall. "CARRIED" Mayor Abernethy resumed the Chair. Council Meeting Minutes - 46 - March 2, 2009 Resolution #C-128-09 Moved by Councillor Robinson, seconded by Councillor Hooper WHEREAS Clarington Council regrets that Mr. Richards has not been able to address the General Purpose and Administration Committee or Clarington Council over the past several months. NOW THEREFORE BE IT RESOLVED THAT Resolution C-225-08, barring Mr. Jim Richards from addressing the Clarington General Purpose and Administration Committee or Clarington Council be rescinded. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth Resolution #C-129-09 Moved by Councillor Robinson, seconded by Councillor Hooper WHEREAS Clarington Council regrets that Mr. Barry Bracken has not been able to address the General Purpose and Administration Committee or Clarington Council over the past several months. NOW THEREFORE BE IT RESOLVED THAT Resolution C-230-08, barring Mr. Bracken from addressing the Clarington General Purpose and Administration Committee or Clarington Council be rescinded. "CARRIED" Council Meeting Minutes - 47 - March 2, 2009 UNFINISHED BUSINESS Resolution #C-130-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Edgar Lucas be advised of the actions taken with respect to Correspondence Item I - 50. "CARRIED" Resolution #C-131-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the request of Linda Gasser for Public Information Centres regarding the Energy From Waste project be referred to the Chief Administrative Officer to request the Regional Municipality of Durham to host such sessions within Clarington. "CARRIED" BY-LAWS Resolution #C-132-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-024 to 2009-033 inclusive; 2009-024 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Limited, Gormley, Ontario, to enter into agreement for Highway 2, Streetscape and Street Lighting Improvements, Bowmanville and to repeal By-law 2009-008 2009-025 Being a by-law to authorize entering into an Agreement with the Owner(s) of Draft Plan of Subdivision S-C-2008-0001, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2008-0001 2009-026 Being a by-law to establish certain lands as public highway, assume them for public use and name them 2009-027 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2009-028 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington Council Meeting Minutes - 48 - March 2, 2009 2009-029 Being a by-law to establish certain lands as public highway, assume them for public use and name them 2009-030 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Animal Licensing Services Inc., Bowmanville, ON, to enter into agreement for the Door-to-Door Selling of Animal Licenses for the Municipality of Clarington 2009-031 Being a By-law to amend By-law 2007-039, a by-law to appoint members to the Clarington Traffic Management Advisory Committee for the Municipality of Clarington 2009-032 Being a By-law to adopt Amendment No. 66 to the Clarington Official Plan 2009-033 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" Councillor Trim chaired the remainder of the meeting. NOTICE OF MOTION Mayor Abernethy and Councillor Hooper gave notice that they will be introducing the following motion at the next Council meeting: "WHEREAS in January 2007, amendments to the Ontario Municipal Act, S.O. 2001, c.25, as amended under Bill 30, the Municipal Statute Law Amendment Act, 2006, Part V (1) -Accountability and Transparency -Section 223.2(1) came into effect which specifically authorizes a municipality to establish a code of conduct for members of the council and of the local boards of the municipality; AND WHEREAS the establishment of such codes of conduct are at the discretion of all municipalities in Ontario, except for the City of Toronto, where as per the City of Toronto Act, contains a mandatory requirement for the City of Toronto to establish a code of conduct for their members of council; AND WHEREAS some municipalities in Ontario have acted upon the above mentioned amendments to the Ontario Municipal Act, to implement a code of conduct for their members of council; Council Meeting Minutes - 49 - March 2, 2009 AND WHEREAS the Municipality of Clarington, on July 17, 2006 revised and approved Policy H-3 -Code of Ethics which provides a standard of conduct for the employees of the Corporation in the carrying out of their work assignments and their relationships with the public, elected officials and each other; AND WHEREAS the Municipality of Clarington has not approved a Code of Conduct that provides a standard of conduct for members of council; AND WHEREAS many professions and associations such as the Ontario Municipal Administrators' Association have developed and implemented various forms of codes of conduct that have helped to increase the proficiency of its members and strengthen the quality of municipal government through professional management; AND WHEREAS a code of conduct may include provisions dealing with council-staff relations and an explanation of the roles of Council and staff; AND WHEREAS it is understood that attaining an elected position is a privilege which carries significant responsibilities and obligations. It is further understood that members of all municipal councils are held to a higher standard of behaviour and conduct than the general public; AND WHEREA the public has an expectation that members of council will conduct their duties and actions to a level of integrity and impartiality that will bear the closest of public scrutiny. Members of council must be independent, impartial and responsible to the people of their respective municipality; AND WHEREAS the above mentioned amendment to the Ontario Municipal Act, pertaining to codes of conduct, will augment the existing oath of office that is sworn by each member of council prior to taking their seat on the council of a municipality; THEREFORE BE IT RESOLVED THAT council directs the Chief Administrative Officer to research and review existing Codes of Ethics, Codes of Conduct and Council Charters that various municipalities have adopted and form part of their corporate governance, operating policies and procedures; AND FURTHER to report and recommend to council on those findings, on or before the September 14, 2009 GPA meeting." OTHER INFORMATION Resolution #C-133-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the presentation of John O'Toole, MPP, Durham, be received with thanks. "CARRIED" Council Meeting Minutes - 50 - March 2, 2009 Resolution #C-134-09 Moved by Mayor Abernethy, seconded by Councillor Novak THAT the presentation of Roger Anderson, Chair, Regional Municipality of Durham, be received with thanks. "CARRIED" Resolution #C-135-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentation of Pat McNeil, Sr. VP Generation Development, Ontario Power Generation be received with thanks. "CARRIED" Resolution #C-136-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Amy Burke, Clarington Living Green Community Advisory Committee be received with thanks. "CARRIED" Resolution #C-137-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the presentation of Gord Lee, Arena Board Chair, Newcastle Arena be received with thanks and the Arena Board be thanked for their dedication and hard work. "CARRIED" CONFIRMING BY-LAW Mayor Abernethy stated a disclosure of pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. • Resolution #C-138-09 Council Meeting Minutes - 51 - March 2, 2009 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-035, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 2"d day of March 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" n lJ ADJOURNMENT Resolution #C-139-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 11:17 p.m. "CARRIED" ~- MAYO •