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HomeMy WebLinkAbout03/23/2009 Council Meeting Minutes MARCH 23, 2009 Minutes of a regular meeting of Council held on March 23, 2009, at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. Prior to the start of the meeting, Mayor Abernethy acknowledged Master Cpl. Scott Vernelli, Cpl. Tyler Crooks, Trooper Jack Bouthillier, and Trooper Corey Joseph , HayesCanadian Soldiers killed in Afghanistan. The repatriation of the soldiers took place this afternoon. 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 Internal Auditor, L. Barta, attended until 12:37 a.m., March 24, 2009 Director of Engineering Services, T. Cannella, attended until 12:37 a.m., March 24, 2009 Director of Community Services, J. Caruana, attended until 12:37 a.m. March 24, 2009 Manager of Communications and Tourism, J. Cooke, attended until 7:45 p.m. Director of Planning Services, D. Crome Parks Supervisor, B. Genosko, attended until 12:37 a.m., March 24, 2009 Director of Corporate Services and Human Resources, M. Marano Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 12:37 a.m., March 24, 2009 Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. Council Meeting Minutes - 2 - March 23, 2009 ANNOUNCEMENTS Councillor Novak announced the following: ? On March 9,2009, a public meeting was held at the Municipal Administrative Centre on the “Growing Durham” Study ? On March 13, 2009, the Clarington Older Adult Association Board of Directors held election of officers. The 2009/2010 Board of Directors are Moe Richards, Jim Hilborn, Don Welsh, Peter Evans, Peggy Milliken, Muriel Moynes, Irene Gourlay, Josie Roberts, Diane Wood, Jane Moores, Stephen Coles, Skip Crosby, Municipal Representative and Councillors Hooper and Novak ? On March 19, 2009, she brought greetings from the Municipality to the Friends of the Bowmanville Hospital public town hall meeting held at the Clarington Beech Centre. Kevin Empey, Lakeridge Health Corporation and other hospital representatives were in attendance ? A reminder that “Earth Hour” is Saturday, March 28, 2009, between 8:30 p.m. and 9:30 p.m. Residents within walking distance of the Bowmanville Museum are invited to a get-together sponsored by the Clarington Living Green Community Advisory Committee. Councillor Novak encouraged the public to participate and to e-mail earthhour@clarington.net with participation information Councillor Hooper announced the following: ? He extended appreciation to Skip Crosby and Sharon Meredith for assisting him with scrutineering the Clarington Older Adult Association Elections ? Program registrations for the Spring session at the Clarington Older Adult Association will take place on March 25, 2009 ? The Older Adult Association will be hosting the following events: Variety Night on April, 4, Easter Luncheon on April 7 and Smile Theatre on April 8, 2009 ? Last week he volunteered at the Annual Maple Syrup Festival at Purple Woods Conservation Area flipping pancakes ? He also attended the Town Hall meeting held by the Friends of Bowmanville Hospital on March 19, 2009 ? On March 20, 2009, Councillor Woo and he attended the Ontario Land Owners Association meeting and extended appreciation to Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation, who attended and fielded questions. Councillor Hooper reminded the public that the deadline to submit a Request for Reconsideration is March 31, 2009 ? He also attended the Proposed Energy-From-Waste Site Liaison Meeting and the Regional Joint Waste Management Meeting at the Region of Durham Mayor Abernethy acknowledged the efforts of Municipal employees Steve Parker, Lead Hand and Ken Ferguson, Facilities Supervisor for their efforts in aiding a woman found unconscious on Highway #2 in the vicinity of the Fire Station. Mayor Abernethy read an e-mail sent to Fire Chief Weir from Rob Van Dyk, the Council Meeting Minutes - 3 - March 23, 2009 Municipality’s Manager of Information Services extending appreciation to Municipal employee Ted Ruiter, Fire Captain, who, on his own time, came to their assistance when Rob’s wife suffered a fall and stayed with them until emergency personnel arrived. Mayor Abernethy referenced an article in the Sunday, March 22, 2009, edition of the Toronto Star, “Durham Rolls Up its Sleeves” Part 2 of a series on how Durham Region is poised to handle the economic downturn. Councillor Trim announced the following: ? A series of information sessions on changes to waste collection effective March 31, 2009, will take place tonight at the Orono Town Hall and on March 26, 2009, at the Courtice Community Complex from 6:00 p.m. to 8:00 p.m. Regional staff will be in attendance to answer questions ? Durham Transit is holding an information open house on Wednesday, March 25, 2009, at the Newcastle Community Centre from 6:00 p.m. until 9:00 p.m. Councillor Trim stated that prior to Durham Region assuming responsibility for transit, there were 142 conventional buses with an average age of 13 years; currently the transit fleet has 159 conventional buses with an average age of under 8 years ? Councillor Trim referenced figures from Waste Diversion Ontario noting Durham Region is now over the 50% mark in waste diversion. Mayor Abernethy requested Councillor Trim to extend appreciation to Regional staff in this regard MINUTES Resolution #C-140-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on March 2, 2009, be approved, as amended to add the letter ‘s’ to BIA on Page 26, Resolution #C-102-09, line 2. “CARRIED” PRESENTATIONS William Calver was not present to receive the Ontario Heritage Trust’s 2008 Heritage Community Recognition Program Certificate of Achievement. Councillor Woo highlighted Mr. Calver’s significant contribution to the preservation of the cultural heritage of Clarington with respect to military history and of his research efforts into the background and theatre of action of Clarington residents killed overseas during WW1, WW2 and the Korean War. Council Meeting Minutes - 4 - March 23, 2009 Councillor Hooper advised that Mr. Calver was instrumental in the erection of the Colville clock tower in Bowmanville’s Rotary Park, he assisted with the organization of the clock tower’s dedication service, constructed and installed glass cabinets at the Bowmanville Legion for their museum of local military history and was instrumental in organizing many of the services held in 2006 during the “Year of the Veteran” as well as the Vimy Ridge Memorial held in Bowmanville in 2007. Councillor Trim read correspondence from the Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trust, thanking Council for participating in the Ontario Heritage Trust’s Heritage Community Recognition Program and acknowledging Council’s appreciation of the volunteers who assume leadership roles in preserving Clarington’s heritage and the importance of heritage and leadership of these outstanding citizens. Dianne McKenzie, Executive Director, Epilepsy Durham, addressed Council regarding the “Purple Day for Epilepsy” Awareness Campaign to present a Certificate of Appreciation to the Municipality of Clarington for their recognition of “Purple Day” and for their contribution and support for those living with epilepsy. Ms. McKenzie highlighted the history of “Purple Day”, founded by nine-year-old Cassidy Megan, who wanted to send the message that if you have epilepsy, you are not alone. Ms. McKenzie stated “Purple Day” has built unity worldwide and that 36,000 people are touched by epilepsy in Durham Region. She thanked Council for showing their support for global awareness indicating that together we can forge a path for change in 2009 and beyond. Dianne McKenzie presented Mayor Abernethy with a Certificate of Appreciation. Laura Scott, Team Captain, the MonSters, MS Walk, addressed Council to provide information on the Annual Multiple Sclerosis Society’s MS Walk taking place in Clarington on April 19, 2009, and to issue a challenge to Mayor Abernethy and all Members of Council to join her team. Ms. Scott stated Multiple Sclerosis is a complex neurological disease whose symptoms are physical, emotional and financial, lasting a lifetime and their impacts are felt by family, friends and the community. Ms. Scott stated her team, the MonSters, have set a fundraising goal of $10,000 and she urged the public to take part in the walk to raise awareness and find a cure for this disease. Mayor Abernethy and Councillor Hooper accepted Laura’s challenge to join the MonSters. Ms. Scott presented Mayor Abernethy with a Team MS ball cap. Lynn Martin, Campaign Manager, United Way of Oshawa, Whitby, Clarington, Brock and Scugog, addressed Council concerning the 2008 United Way Campaign. Ms. Martin stated 2008 was particularly challenging for the United Way due to loss of donations from the industrial sector and the increase in need. Ms. Martin advised that despite the challenges, there were many successes. She was here this evening to present the Municipality of Clarington with an Award for Outstanding Growth in the Municipal Category. Ms. Martin congratulated Clarington’s United Way Team Members – Sharri Cosburn, Chair, Laura Barta, Vice-Chair, and Members Lynnda Bell, Adrian Coolen, Caroline Denney, Anne Greentree, Ed Lisinski, Council Meeting Minutes - 5 - March 23, 2009 Debra O’Meara, Susan Quayle, Bruce Taylor, Judy Thompson, Jan Vreeker, Gord Weir and Jessica Williams for their efforts in substantially increasing the 2008 Campaign. Mike Harrington, Soren Hertzum-Larsen, Cameron Mackey, Julie Thrasher and Kevin Van Rooy, Bachelor of Engineering & Management students, University of Ontario Institute of Technology (UOIT), addressed Council to present their Thesis Project – Landfill versus Energy from Waste Carbon Footprint Comparison & Mechanical System Design. Through use of a PowerPoint presentation, Mr. Harrington provided an overview of the project scope involving an environmental, cost and revenue feasibility study between landfills and energy from waste (EFW) facilities and design and development of an innovative waste management system. The team conducted a Streamlined Life-Cycle Assessment (SLCA) determining associated flows of energy and materials, evaluation of environmental stresses and impacts from inception to end of life and recommended action to improve environmentally related attributes. Ms. Thrasher reviewed an Environmentally Responsible Process Matrix evaluating which method is more environmentally responsible from conception to end- of-life. Mr. Hertzum-Larsen provided an interpretation of the Matrix and results indicating the EFW facility estimate produces 41% less greenhouse gases compared to a landfill and should be considered as the safer, more environmentally conscious waste disposal method. Mr. Mackey provided an overview of the innovative waste management solution design requirements and targets based on existing technology using vacuum tube lines. The system would see no weekly curbside pick-up, no plastic garbage bags, and a one-time handling of waste through a complete system of disposal from household to local processing facility that transfers waste through a pneumatic capsule pipeline. Mr. Van Rooy reviewed the automated waste segmentation and compaction system design and provided a comparison of existing waste collection and new innovative waste collection attributes. Mr. Harrington summarized by stating the reusable waste disposal method would use bins not bags, would decrease handling of waste, would require the co-operation of the user and is aesthetically pleasing. Mr. Harrington submitted a copy of the Landfill versus Energy from Waste Carbon Footprint Comparison & Mechanical Systems Design Thesis Project, March 23, 2009. In response to questions, Mr. Harrington advised that the innovative waste disposal method would be compatible with new infrastructure. Dan Remollino, MTO Project Manager and Doug Allingham, TSH Project Manager Consultant Project Manager, addressed Council to provide an update on the Highway 407 East Environmental Assessment. Council Meeting Minutes - 6 - March 23, 2009 Mr. Remollino acknowledged Dean Kemper, MTO Project Manager who was also in attendance. Mr. Remollino stated the final round of Public Information Sessions were held in January and February, 2009 and acknowledged Members of Clarington Council and staff who attended the session in Bowmanville. Mr. Remollino advised that the Province has announced that they will retain ownership and control of the Highway 407 extension and links and that the extension and links would be tolled. He noted that they are on target for submitting the Environmental Assessment for Provincial and Federal components in July and are in the process of completing final studies. Through use of a PowerPoint presentation, Mr. Allingham provided an update on the recommended design for the technically preferred route from Brock Road to Highway 35/115 and two north-south freeway links connecting the proposed extension to Highway 401 including a number of supporting facilities. He noted there are 19 arterial road interchanges, 32 overpasses/underpasses and 14 recommended road closures. He stated sidewalks and/or bike lanes at proposed crossing road locations are wide enough to accommodate both pedestrian and cycle traffic. He stated a very comprehensive Stormwater Management Strategy has been developed to address quality and quantity treatment and erosion control requirements and there are approximately 65 Stormwater Management ponds along the route. Mr. Allingham reviewed illumination requirements and advised they are in the process of completing the impact assessment and that a number of discipline specific impact assessment reports are being generated in a number of areas including natural environment, socio-economic, agriculture, waste and property contamination, noise, air quality, cultural heritage, archaeology and landscape composition. He reviewed the Community Value Plan (CVP) in which the consultants worked with participants from throughout Durham Region representing a variety of interests to address community features and enhancement measures and had great success with the project. In response to questions, Mr. Remollino stated that subject to necessary approvals in place, properties being acquired and designs complete, construction could start in 2011. He noted there is a commitment to have the route finished in 2013. In response to questions regarding phasing, Mr. Remollino stated as part of the implementation they will have to look at the best way to have it delivered noting there is substantial work to be done beyond the EA stage. In response to a question concerning an interchange at Liberty Street, Mr. Remollino stated an interchange is not warranted based on analysis done today; however, it could be warranted in the future. Council Meeting Minutes - 7 - March 23, 2009 Cindy Symons-Milroy, Director of Economic Development, City of Oshawa, addressed Council presenting a Community Adjustment and Sustainability Strategy: “ReThink.ReNew.ReTool”. Ms. Symons-Milroy provided background information on the development of the Community Adjustment and Sustainability Strategy stating the City of Oshawa was approached by the Ministry of Training, Colleges and Universities to create a strategy, and a steering committee of business, education and government leaders throughout Durham Region was established. In developing the strategy the process included analysis on the economic base, the labour force, a SWOT analysis, review of economic reports and forecasts, and an extensive process of stakeholder engagement, Committee and public input. Stakeholder engagement included over fifty interviews, substantial and continuous input from the Steering Committee, a dedicated group of high level professionals including the President of Durham College, the Provost of the UOIT, and the Vice-President of OPG. A “stakeholder strategy summit” was held where over 100 people were invited to discuss the future of Durham Region. Ms. Symons-Milroy stated focus groups on recommended economic sectors were to further develop an action plan and this plan ties in closely with the UOIT and Durham College Strategic Plans. Public feedback on the draft strategy is available at www.opportunityoshawadurham.ca. Ms. Symons-Milroy highlighted key themes including enhancing the work and business environments, retaining and expanding existing businesses, improving the business environment and infrastructure for all, being Open for Business and reviewed five key sectors targeted for growth including transportation and automotive, sustainable energy, information technologies, bioscience and agriculture and health and wellness. She reviewed key initiatives including support for New Nuclear Units at Darlington, the single largest opportunity for job and economic growth, highlighting employment opportunities for construction as well as permanent jobs, the “critical mass” of expertise that will be available for export across the world, the spin-off research and development opportunities and the infrastructure benefit to other sectors. Ms. Symons-Milroy highlighted key recommendations including undertaking initiatives to support affected workers, the development of a Business Retention and Expansion Program customized for each of the recommended economic sectors, supporting Durham Region as the primary hub within the Province’s energy network and as a leader in the innovation, education, demonstration and production of the energy and transportation sectors, reinvention of the transportation manufacturing industry, implementing a program to increase internal trade within Durham Region and supporting the development of the information technology, health and wellness and agriculture and bioscience sectors. Ms. Symons-Milroy outlined the next steps in the process including the finalization of the Implementation Plan and the establishment of a Steering Committee to oversee the Plan implementation. In response to questions, Ms. Symons-Milroy stated that the Regional Economic Development Department will be hosting a session for local businesses on how to prepare themselves to provide quotes and bids for the new nuclear project and other public sector projects in the Region. Ms. Symons-Milroy also clarified that the initial Steering Committee had committed to a definitive period of time and they are now looking for a Steering Committee to monitor the Implementation Plan. Council Meeting Minutes - 8 - March 23, 2009 Resolution #C-141-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Council recess for six minutes. “CARRIED” The meeting resumed at 9:00 p.m. DELEGATIONS Petra Schwirtz, Clarington Marketing Minds Group, addressed Council concerning Item 17 of Report #1 – Clarington Marketing Minds - Request for Funding under the 2009 Community Grant Program. Ms. Schwirtz stated the group, a co-operative comprised of 30 local businesses, is attempting to build a partnership between businesses focusing on media and public relations to promote Clarington as a sought- after tourist destination. She stated the group applied for funding under the Civic category of the grant program and advised that funding from the Municipality would enable them to increase media purchasing power by liaising with Council and other stakeholders by creating a unified approach to actively promote tourism products, promote the Municipality and to make people aware of what’s in their own backyards. Ms. Schwirtz listed local businesses who are members of the organization. Ms. Schwirtz requested Council to reconsider their grant application. In response to questions, Ms. Schwirtz stated she does not feel this is a duplication of service as she reinforced that there are a number of small businesses in Clarington who do not have a great deal of money to advertise on their own and this would allow promotion of Clarington on a larger scale and attract tourists from beyond Durham Region. Diane Powers, Christmas in Clarington Country, and owner of The Spruce Tree Unique Gifts & More, addressed Council concerning Item 15 of Report #1- Christmas in Clarington Country’s Request for Funding under the 2009 Community Grant Program. Ms. Powers stated she started the Christmas in Clarington event nine years ago and it has grown from one small business to a group of 17 not-for-profit co- operative businesses whose goal is to bring all businesses together and to promote the Municipality. She stated Christmas in Clarington provides a unified approach where all businesses will benefit as more tourists come to Clarington each year. Ms. Powers stated this is a win-win situation for everyone and stated a group of co- operative businesses would help promote the Municipality and put Clarington on the map as a tourist destination. She stated Christmas in Clarington conforms with the requirements for the Civic Funding Category of the grant program. She requested Council to reconsider their grant application. Council Meeting Minutes - 9 - March 23, 2009 In response to questions, Ms. Powers stated funding would allow for 100,000 brochures to be printed and for advertising to target areas further away. She noted they have advertised in the Toronto Star, and news media in Port Perry and the Beaches area of Toronto. Jim Richards addressed Council concerning Correspondence Item D – 25 - Need for Peer Reviews of Regional Consultant’s Studies as they pertain to the Proposed Energy-From-Waste Facility. Mr. Richards stated the public has heard for over two years now that an incinerator will only be built in Clarington if it can be proven to be safe and affordable and he feels the time is now to take action and to realize that the proposed incinerator will not be either. He expressed concern that the public was promised that state-of-the art testing and monitoring would be undertaken and questions how it will be determined to be safe when ambient air quality testing and human bio-monitoring would not be part of the process. He feels the consultants have a direct conflict of interest as they are members of the Canadian Energy from Waste Coalition, a body set up to promote thermal processing of residual waste. Mr. Richards questioned what cost Council would place on human health and the environment. Mr. Richards formally requested that local Councillors support his call for an independent review of all key studies released by the consultants since the last public information session in 2007; that Council continue to maintain the “unwilling host” stance, and, that Council insist the Region of Durham hold public information sessions on this project. Debra Jefferson addressed Council concerning Correspondence Item D – 28 - Request for Peer Review to Address Environmental Monitoring of the Proposed Energy-From-Waste Facility formally requesting Council to commission a peer review of Regional Consultants reports. Dr. Jefferson thanked Council for their support of Lakeridge Health Bowmanville noting a healthy hospital goes a long way in ensuring a healthy community. She requested Council to consider a healthy community and to vote against the proposed incinerator. Dr. Jefferson stated the construction of an incinerator will be a bad decision for both the health of the community, the environment and from a financial perspective. She feels that the Region has bought into the sales pitch that old Energy-From-Waste facilities are bad but that new ones are good. She stated the consultants reviewed environmental surveillance using studies that were less than ten years old and that there is no good information on long-term effects. Dr. Jefferson feels there is a consistent slant towards there being no health concerns or no environmental concerns and that new technology is assumed to get rid of toxins. Dr. Jefferson provided information recommending that bio-monitoring be established prior to a facility being constructed to develop a baseline. She stated a true peer review would take into account all information, would start from scratch and would review all literature. Linda Gasser was called but was not in attendance. Council Meeting Minutes - 10 - March 23, 2009 Wendy Bracken addressed Council concerning Correspondence Item D – 28 - Need for Peer Reviews with Regard to Recently Released Regional Consultant’s Studies in the Durham York Waste EA stating she has many concerns with the Jacques Whitford Report: Review of International Best Practices of Environmental Surveillance for Energy-From-Waste Facilities questioning how the consultants assumed the duty of reviewing best practices on environmental surveillance and making recommendations on monitoring of the facility. Ms. Bracken feels that the consultants have a direct conflict of interest as they have been members of the Canadian Energy-From-Waste Coalition during the EA process and have a vested interest. Ms. Bracken expressed concern that the recommendation by the consultants for no ambient air monitoring was based on few studies, ignores documented exceedances already observed, is based on only two studies done on modern incinerators and did not take into account criteria air pollutants and particulate matter. She stated she has serious concerns with recommendations that no soil, vegetation, environmental surveillance or human biomonitoring programs area required or that the report does not address the incident of cancer, birth defects and other diseases in the area of the proposed incinerator. Ms. Bracken requested Council to take action in submitting a request to the Region to allow for sufficient time for Clarington to conduct a peer review of the Consultant’s reports and to request funding to do its due diligence; that the decisions on monitoring be deferred until the Site Selection Report is complete and enough time is given to both Clarington and the Region to consider all peer reviews; that the Municipality refrain from signing any Host Community Agreement; and, that the Regions of Durham and York be requested to make no decisions on the EA until the new standards for EFW emissions are decided and assessed for impact on the Environmental Assessment. John Reid addressed Council concerning Correspondence Item D – 9 Public Support Rally for Saving the Acute Care Service at Lakeridge Health Bowmanville. Mr. Reid advised he was here this evening with a group of local residents to request Council’s support of Lakeridge Health Bowmanville. Mr. Reid stated the municipality is facing a rapidly growing population and any removal of existing hospital services from Lakeridge Health Bowmanville is unacceptable to the community. Mr. Reid advised the Places to Grow Act projects the doubling of the municipality’s population by the year 2035. He noted the Provincial Ministry of Health, the Central East LHIN and Lakeridge Corporation are in the process of determining their budgets and the group feels that these decision makers need to see a show of support that any removal of services from the hospital is unacceptable. Mr. Reid requested assistance from Council with respect to the logistics involved in hosting a rally on Sunday, March 29, 2009, on Temperance Street from 1:00 p.m. to 3:00 p.m. and that the Mayor invite the Minister of Health and Provincial Members of Parliament, the CEO of Lakeridge Health Corporation, and Chair of the Central East LHIN to join the rally and to encourage all residents of Clarington to attend. Mr. Reid advised of rumours of temporary measures being considered to address the situation; however, he feels that any loss of service will lead to a further loss of doctors and that additional physician recruitment will be impossible to achieve. Mr. Reid clarified by stating he believes that all services, not just the emergency room at Bowmanville hospital are at risk of being removed and that services that support the ER, such as internal medicine, general Council Meeting Minutes - 11 - March 23, 2009 surgical care and intensive care are at risk. Mr. Reid summarized by stating a fully functional local hospital can make the difference between good and poor health and between life and death. Dr. Tony Stone confirmed that the Bowmanville ER and the hospital are not closing but the specialized services that support the Emergency Department are in jeopardy. Dr. Stone stated the physicians have been meeting with Lakeridge Health Corporation and a good understanding of their fiscal position and the physician’s clinical position has been developed and progress has been made in generating a more sustainable model for Lakeridge Heath Bowmanville. Resolution #C-142-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Rules of Procedure be suspended to allow Members of Council to speak to the matter more than once. “CARRIED” Members of Council questioned the delegation. Resolution #C-143-09 Moved by Councillor Woo, seconded by Councillor Trim THAT the agenda be altered to allow for the introduction of a motion concerning Lakeridge Health Bowmanville at this time. “CARRIED” Resolution #C-144-09 Moved by Councillor Woo, seconded by Councillor Trim THAT delegation of Mr. John Reid pertaining to a public support rally to save the acute care service at the Bowmanville Hospital be received with thanks; THAT the request for municipal assistance be referred to the Chief Administrative Officer to take all necessary action to assist in the preparation of the rally; and THAT applicable municipal policies and requirements pertaining to advertisement, road closure, etc. be waived for this event. “CARRIED” Council Meeting Minutes - 12 - March 23, 2009 Resolution #C-145-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting be extended to proceed beyond the hour of 11:00 p.m. to complete the agenda. “CARRIED” Louis Bertrand addressed Council concerning Staff Report #1 - Confidential Verbal Report of the Chief Administrative Officer concerning the Energy-From-Waste Host Agreement Negotiations. He expressed concern with the Regional timeframe to adopt the results of the EA study in June and the 30 day public consultation period. Mr. Bertrand does not feel that the 30 day period is sufficient to allow the public to comment on this complex issue and feels that Clarington, as a major stakeholder, should request a 90-day review period for public comment. Mr. Bertrand also expressed concern that there has been no formal consultation with Clarington residents concerning the Host Community Agreement. While he acknowledged that negotiations are held in confidence he likened them to union bargaining negotiations and suggested that a similar process be undertaken. Mr. Bertrand requested that the Municipality obtain a legal opinion to determine if signing the Host Community Agreement implies a reversal of the Unwilling Host stance; that the Municipality hire a professional negotiator as this is not a routine negotiation; that the draft HCA be submitted to a peer review of lawyers and economists who could advise on the actual revenue projections and look for potential losses from pass-through costs, non- occurence of expected events and clawbacks; and, hold a public review before signing the Host Community Agreement final wording. COMMUNICATIONS Resolution #C-146-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Item 1 - 9. “CARRIED” I - 1 Minutes of the Clarington Museums and Archives Board dated February 11, 2009. I - 2 Minutes of the Clarington Heritage Committee dated February 17, 2009. I - 3 Minutes of the Kawartha Conservation dated January 21, 2009. Council Meeting Minutes - 13 - March 23, 2009 I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 10, and March 10, 2009. I - 5 Amy Bautista, Lease Administrator, SNC-Lavalin Profac Inc. forwarding correspondence from Richard Schveighardt, General Manager, Property Management – Central Region, Ontario Realty Corporation, encouraging all Ontario Realty Corporation’s leased properties landlords to participate in “Earth Hour” on March 28, 2009, by signing up at www.earthhour.org and turning off the lights at 8:30 p.m. I - 6 Jim Richards expressing appreciation to Council for rescinding the speaking ban placed on him last April and reinstating his rights and freedoms, protected under the Canadian Constitution. I - 7 The Honourable Jim Watson, Minister of Municipal Affairs and Housing, advising of the establishment of the I ? Greenbelt Awards, awards designed to recognize those who have made important contributions to a strong and viable Greenbelt; requesting elementary and secondary school-aged students to submit original artwork showing what Ontario’s Greenbelt means to them; and, requesting Council’s support of this activity. Complete details on the design contest can be found on Facebook at the I ? Greenbelt page or by visiting ontario.ca/iheartgreenbelt. I - 8 John R. O’Toole, MPP, Durham, writing to the Honourable Ted McMeekin, Minister of Government Services, forwarding a copy of Council’s resolution seeking a streamlined process with respect to break open tickets and raffles; advising Minister McMeekin that he agrees with the streamlined approach supported by Clarington Council; and, requesting an update on the progress that is being made towards reducing the burden of red tape and simplifying various lottery activities initiated by local charities. I - 10 Rebecca Harrison objecting to the proposed “Energy-From-Waste” facility due to the health effects, financial implications and the direction of the Region’s Waste Strategy if the incinerator is approved; requesting all meetings concerning the proposed incinerator be held in Durham Region and be accessible to the public; requesting that the Project Team post all information and documents to the website within 24 hours of documents being released to the public; and, urging Council to refer to the precautionary principal and to look for another solution to waste disposal. Council Meeting Minutes - 14 - March 23, 2009 I - 11 Chris White expressing concern that the April meeting of the Joint Waste Management Group is scheduled to be held in York Region despite the fact that the matters around the incinerator primarily affect Durham residents and taxpayers, and requesting that public meetings on this issue be held in Durham Region in the evenings or on weekends so those who are employed have the opportunity to attend; forwarding 120 cards and letters from residents who oppose the incinerator; requesting that the Project Team post all information and documents to the website within 24 hours of being released to the public; expressing concern that the incinerator is in direct contrast to the direction of the provincial policy “Towards a Zero Waste Future”; and, urging Council to listen to the residents of Durham Region and to take into account the health and safety of the residents of Durham when voting on this project. I - 12 The Honourable Bev Oda, P.C., M.P., Durham, Minister of International Cooperation, thanking Council for sharing Clarington’s list of shovel-ready infrastructure projects as per funding announced in the 2009 Federal Budget and advising that she has forwarded the list to the Honourable John Baird, Minister of Transport, Infrastructure and Communities, requesting Minister Baird to respond directly to the municipality on what funding options would be most suitable for Clarington’s projects. I - 13 Kevin Empey, Lakeridge Health President and CEO, writing to Lakeridge Health Members forwarding a fact sheet on physician coverage challenges being experienced at Lakeridge Health Bowmanville advising the membership that the Board and Senior Management Team want to ensure that Lakeridge Health staff, physicians and volunteers are aware of the facts surrounding the issue and of their commitment to maintain Lakeridge Health Bowmanville as an acute care site, advising of the efforts and steps being taken to alleviate these challenges including the hiring of locum (temporary specialists for hire) from across Ontario to ensure coverage at Lakeridge Health Bowmanville, seeking specialists at other sites to provide coverage, and working with doctors and specialists in Bowmanville in examining options to alleviate these long-standing shortages and to find solutions which will meet the needs of patients and physicians in the short and long term while ensuring high quality care, within the Corporation’s financial means. Council Meeting Minutes - 15 - March 23, 2009 I - 14 The Honourable Jim Watson, MPP, Minister of Municipal Affairs and Housing advising that the Ontario government is joining others around the world in recognizing “Earth Hour”, a global event to promote energy conservation and to tackle climate change, on Saturday, March 28, 2009, between 8:30 p.m. and 9:30 p.m.; indicating that last year 50 million people participated in this international campaign; and, encouraging municipalities to be involved and sign up at www.earthhour.org. I - 9 Jeffrey A. Abrams, City Clerk, City of Vaughan, advising Council that on February 24, 2009, the City of Vaughan adopted the following resolution pertaining to the Growing Communities Health Care Alliance: “1. THAT the City of Vaughan support the Resolution from the Town of Newmarket which was endorsed by Council at the meeting of November 10, 2008, and submitted by the Growing Communities Healthcare Alliance; 2. THAT in order to improve timely and local access to hospital care in Vaughan and across high growth communities in Ontario, the City of Vaughan should request that the Government of Ontario: a. Speed up implementation of hospital growth funding commitment ensuring that $100 Million in growth funding is targeted to high growth hospitals and provide growth funding for social services; b. Quickly implement ‘Health Based Allocation Model’ (HBAM) i.e. population-needs-based-funding for provincial health care funding and develop a population-needs-based funding formula for social services; c. Develop a plan for health care and social services growth for Ontario to complement Places to Grow. 3. THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPP for Vaughan, High Growth Communities Mayors and Chairs and the Central Health Integration Networks (LHIN).” Council Meeting Minutes - 16 - March 23, 2009 Resolution #C-147-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolution from the City of Vaughan, with respect to the Growing Communities Health Care Alliance, be endorsed. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-148-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 17 be approved as per the agenda, with the exception of Items D - 15 and D - 17. “CARRIED” D - 1 Lynda Shepherd, The Canadian Hearing Society, advising May is national “Hearing Awareness Month”, an occasion to promote public understanding and awareness of the needs of culturally deaf, oral deaf, deafened and hard of hearing Canadians and to emphasize the importance of protecting hearing; and, requesting that the month of May be proclaimed as “Hearing Awareness Month” in Clarington. (Proclaimed) D - 2 Jayme Harper & Julie DeMarchi, Regional Directors – Region 3 Ontario, National Board Members – PFLAG Canada, requesting that the Rainbow Flag be flown at the Municipal Administrative Centre from May 15, 2009 to May 19, 2009, in recognition of Council’s proclamation of May 17, 2009, as International Day Against Homophobia. (Approved to fly of the Rainbow Flag at the Municipal Administrative Centre from May 15, 2009 to May 19, 2009) Council Meeting Minutes - 17 - March 23, 2009 D - 3 Derrick Mckay, Race Director, Courtice Kids Multisport Series, rd advising of the 3 Annual “Courtice Kids of Steel Triathlon” to be held on Sunday, August 16, 2009, and requesting permission for road closures on Nash Road and Green Road from 9:00 a.m. until 11:30 a.m. The organizer has advised that appropriate insurance is in place and road closure permits for Courtice Road will be obtained. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Sara Lawson, Community Development Coordinator – Toronto and East, Parkinson Society Canada Central and Northern Ontario, advising that April is Parkinson’s Awareness Month and requesting that April be proclaimed as “Parkinson’s Disease Awareness Month” in an effort to raise awareness and gain support for Canadians living with Parkinson’s disease. (Proclaimed) D - 5 Elaine Goraj, Fundraising & Program Development, Child Find th Ontario, advising this year marks Child Find Ontario’s 25 th Anniversary and is also the 18 Annual Green Ribbon of Hope™ Campaign, a campaign aimed at bringing awareness to the community regarding the issue of missing children and how one can safeguard their child from predators, on-line or on the streets; offering to provide green ribbons and flyers free of charge; and, requesting that May 25, 2009, be proclaimed “Green Ribbon of Hope Campaign and National Missing Children’s Day”. (Proclaimed) D - 6 Bob Waite, Senior Vice-President, Corporate Social Responsibility, Canada Post, advising of the 2009 Canada Post Community Literacy Award, a national award dedicated to celebrating the achievements of adult learners, along with those who have helped them learn to read and write; and, encouraging Council to celebrate literacy in the community by nominating a deserving individual. The deadline for submission is May 22, 2009. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) Council Meeting Minutes - 18 - March 23, 2009 D - 7 Durham Region Labour Council advising that National Day of th Mourning is officially recognized as April 28 each year in recognition of working people who have died at the workplace, or suffered injuries on the job; and, requesting Council to proclaim Tuesday, April 28, 2009, as “Day of Mourning” and that the flags be lowered on Municipal Buildings in honour and remembrance of those killed at the workplace. (Proclaimed and flags to be lowered on Municipal Buildings) D - 8 Correspondence has been received from the following individuals/groups in opposition to the proposed demolition of Camp 30; forwarding suggestions on future uses; and, requesting Council to do all that is necessary to preserve the nation’s historical heritage sites for future generations: a) Margaret Clayton b) Catherine Starr c) Sara Weales, Facebook Group – Save Bowmanville POW Camp 30 from Demolition d) Sgt. Brett Devries, 172 RCAC e) Kristina Thomas f) Nancy Leask g) Melanie Gaudet h) Teresa Miceli i) Richard Van Dyk j) John C. Schneider k) Joanne Laton (Correspondence referred to the Director of Planning Services) D - 9 Correspondence has been received from the following individuals/groups expressing concern with the proposed changes to the delivery of health care in Durham and the impact on the Clarington community; advising the complexity of medical and surgical problems within the community serviced by Lakeridge Health Bowmanville requires on-site coverage by Internal Medicine and Surgical Specialists, to maintain a viable hospital and to ensure the efficient delivery of safe and effective care, it is essential that these services are enhanced, not eroded; expressing concern that the lack of on-site specialists in internal medicine will lead to the closure of the Special Care Unit, reduction in treatment options for Clarington and to the eventual closure of the hospital; that the uncertainty of the situation will further diminish the ability of Clarington to attract and/or retain quality physicians, nurses and professionals to attend to the current needs of the community; and, urging the public to speak out to all levels of government Council Meeting Minutes - 19 - March 23, 2009 representation to ensure they are made aware of the current health care crisis facing Clarington and of the long-term effects that the erosion of local hospital services will have on the health and economic wellbeing of the Municipality: a) Leah Vivian b) Walter and Mae Haass c) Jessica Campbell d) Joanne Bibby e) Dawn Hancock f) Bernadine Malone g) D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association h) Joan Bedford i) Pat Drysdale j) Peter and Rose Ann Serjeant k) Gary and Elaine Gibson l) Shawn Hills m) Jennifer Bower and Eric Bower n) Gerry and Nancy Gough o) Steve Lawrence (That the authors of the letters pertaining to Lakeridge Health Bowmanville be thanked for their letters of support; and, that 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 (LHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care) D - 10 The Newtonville Hall Board requesting the closure of Mill Street and Churchlane on June 20, 2009 from 10:00 a.m. until 4:00 p.m. for the annual Newtonville Day at the Ina Brown Parkette. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 20 - March 23, 2009 D - 11 Orono Business Improvement Area requesting to close Main Street from Centreview to Park Street on August 15, 2009, from 10:00 a.m. nd to 4:00 p.m. for the 2 Annual Antique Art Festival and on September 26, 2009, from 10:00 a.m. to 4:00 p.m., for the annual Chili Cook-off. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 12 Christina Papadopoulos, Community Health Promotion and Public Relations Coordinator, Canadian Mental Health Association – Durham, advising of the call for nominations for their 2009 Mental Health Awards for Outstanding Staff Award, Outstanding Volunteer Service Award, Consumer Participation Award, Media Award, Special Recognition Award and Youth Initiative Award; and, forwarding copies of criteria, nomination guidelines and nomination forms which can also be found on their website at www.durham.cmha.ca. Nominations must be received by May 4, 2009. Recipients will be honoured at a special awards dinner in September 2009. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) D - 13 Linda Duffie, President, Lions Club of Bowmanville, requesting th permission to hold the 14 Annual Duck Derby on June 20, 2009, from 9:30 a.m. until 2:00 p.m. The ducks have been previously dropped off the bridge at King Street and Roenigk Street at 12:00 noon and 1:00 p.m. Permission from the Durham Regional Police Services and Emergency and Fire Services will be obtained through the application for road occupancy for special events and proof of insurance will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 14 Sheilagh Croxon, Chair, Coaches Association of Ontario, advising that April 18 to April 26, 2009, has been designated as “Ontario Coaches Week”, an initiative launched by the Coaches Association of Ontario in 2006 and with the support of both the Provincial and Federal Governments; and, requesting Council to proclaim April 18 to 26, 2009, as “Coaches Week” in Clarington. (Proclaimed) Council Meeting Minutes - 21 - March 23, 2009 D - 16 Joe Cressy, Polaris Institute, writing on behalf of Polaris Institute, the Council of Canadians, CUPE Ontario, OPSEU, KAIROS, Development and Peace, Sierra Youth Coalition, Development and Peace, Canadian Federation of Students, and the Public Water Initiative at U of T forwarding information on how municipalities can take actions to limit or end the use of bottled water and support public water by actively encouraging the consumption of tap water over bottled water. (Correspondence referred to the Director of Operations) D - 15 Pat Pingle strongly objecting to the municipality providing assistance to the Downtown Bowmanville BIA for watering flowers and hanging baskets, advising that municipal staff have many parks and buildings to attend to for which they do an exceptionally good job and that they should not take on this added responsibility; and, suggesting that business owners water their own flowers or hire others to do it for them. Resolution #C-149-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D – 15 from Pat Pingle with respect to Downtown Bowmanville BIA flower watering be referred to the Director of Operations and to the Downtown Bowmanville Business Improvement Area for comment. “CARRIED” D - 17 Shannon Watt, Federation of Canadian Municipalities (FCM) advising Council that on March 7, 2009, the FCM National Board of Directors adopted the following resolution pertaining to bottled water: “WHEREAS bottled water consumes significant amounts of non- renewable fossil fuels to extract, package and transport water creating unnecessary air quality and climate change impacts; WHEREAS it takes about three litres of water to manufacture a one litre plastic bottle of water; WHEREAS bottled water companies use municipal water and groundwater sources when a growing percentage of Canadian municipalities have faced water shortages in recent years; Council Meeting Minutes - 22 - March 23, 2009 WHEREAS although bottled water creates a container that can be recycled, between 40% and 80% of empty bottles end up as litter and/or are placed directly into the garbage and take up unnecessary space in landfills; WHEREAS tap water is safe, healthy, highly regulated and accessible to residents, employers, employees and visitors to Canadian municipalities and substantially more sustainable that bottled water; and WHEREAS some municipalities have enacted by-laws to restrict the sale and purchase of water bottles within their own operations; BE IT RESOLVED THAT the Federation of Canadian Municipalities urge all municipalities to phase out the sale and purchase of bottled water at their own facilities where appropriate and where potable water is available; and BE IT FURTHER RESOLVED THAT municipalities be urged to develop awareness campaigns about the positive benefits and quality of municipal water supplies.” Attached to the correspondence is a news release, as well as the talking points and Questions and Answers detailing the resolution adopted by the Board. Resolution #C-150-09 Moved by Councillor Woo, seconded by Councillor Foster THAT the resolution from the Federation of Canadian Municipalities (FCM) National Board of Directors, with respect to bottled water, be referred to the Director of Operations. “CARRIED” D - 18 M. Aileen Carroll, Minister Responsible for Seniors advising that the month of June has been designated as ‘Seniors’ Month’ to celebrate the countless experiences, accomplishments and contributions of seniors; and, extending an invitation to Council to participate in the 2009 Senior of the Year Awards by nominating one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of the community without thought of personal or financial gain. Nomination forms for The Senior of the Year Award are available on the Ministry of Citizenship and Immigration’s website at www.citizenship.gov.on.ca and are due by April 30, 2009. Council Meeting Minutes - 23 - March 23, 2009 Resolution #C-151-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Frank Lockhart be nominated for the ‘Senior of the Year’ Award. “CARRIED” D - 19 Nicholas Schulz, CTC Source Protection Committee, advising Council that on February 19, 2009, the CTC Source Protection Committee adopted the following resolution pertaining to Draft Accepted Tier 1 Water Budget Report Central Lake Ontario Source Protection Area: “WHEREAS there are no municipal water supplies in any of the Central Lake Ontario Source Protection Area sub watersheds and therefore a Tier 2 Water Budget analysis is not required under the Clean Water Act, 2006, and associated regulations and Technical Rules to refine the stress assessments; WHEREAS surface water and ground water Tier 1 Water Budget Analyses in the Central Lake Ontario Source Protection Area (Feb 2009) have identified moderate ground water stress in the Lynde and Darlington sub watersheds and significant summer surface water stress in the Lynde, Oshawa, Darlington and Soper sub watersheds and field observations show a trend towards measured lower annual flow volumes in the Lynde Creek and Oshawa Creek sub watersheds; AND WHEREAS the Tier 1 Water Budget Analyses doesn’t assess the potential impacts of future growth and changes in land use and other than increased consumption from domestic non-serviced population; THERFORE BE IT RESOLVED THAT the CTC Source Protection Committee recommends that further analyses of the Tier 2 type Water Budget analyses should be undertaken by CLOCA as part of its watershed management mandate and that copies of this resolution be sent for response to the CLOCA, Region of Durham and lower tier municipalities, Ministers of the Environment or Natural Resources, and Municipal Affairs and Housing.” Council Meeting Minutes - 24 - March 23, 2009 Resolution #C-152-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the CTC Source Protection Committee, with respect to Draft Accepted Tier 1 Water Budget Report, Central Lake Ontario Source Protection Area, be endorsed. “CARRIED” D - 20 Kim Coates, Clerk, Township of Scugog, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on January 26, 2009, the Township of Scugog adopted the following resolution pertaining to waste diversion initiative: “WHEREAS the Regional Municipality of Durham’s ‘waste diversion rate’ is approximately 52% with a goal or target of 70% by the end of 2010; WHEREAS some packers of eggs and meat products prefer to use Styrofoam materials in this process, a material which is not currently recycled and in fact is shipped to a Michigan landfill site; WHEREAS the contract with Michigan ends 2010, therefore it is imperative that the Region maximize the amount of material going into the recycle or composting program; WHEREAS by converting from Styrofoam packaging materials to cardboard, will have the effect of moving 100% of these materials from the expensive landfill option to the recycle program; NOW THEREFORE BE IT RESOLVED THAT the Scugog Township calls on the packaging companies of meat and egg products, to review their practices of using Styrofoam products when packaging said products, so that we may enhance our recycle program to the maximum effectiveness; AND, also call on all municipalities within the region to support this initiative.” Council Meeting Minutes - 25 - March 23, 2009 Resolution #C-153-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Township of Scugog, with respect to waste diversion initiative, be endorsed and be forwarded to the Honourable Tony Clement, Minister of Industry, The Honourable Jim Prentice, Minister of the Environment and the Durham Agricultural Advisory Committee. “CARRIED” D - 21 Angie Haché, City Clerk, City of Greater Sudbury, advising Council that on February 11, 2009, the City of Greater Sudbury adopted the following resolution pertaining to the regulation and provision of resources to monitor retirement homes: “WHEREAS in 2001 the Mayor and Council’s Roundtable on Seniors’ Issues recognized the need to regulate rest and retirement homes; AND WHEREAS a working group of the Mayor and Council’s Roundtable on Seniors’ Issues was established in September 2001 and since that time the working group has gathered information and feedback from municipal officials and received input from privately owned retirement homes, advisory groups, residents and families; AND WHEREAS the 2006 Ontario budget stated “the Government will continue to improve efficiency and accountability by engaging in formal consultations in 2006/2007, through the Ontario’s Seniors’ Secretariat, with the goal of establishing a new regulatory framework for strengthening standards of care in Ontario’s retirement homes”; AND WHEREAS the Assistant Deputy Minister, Mr. Geoff Quirt, met with the Mayor and Council’s Roundtable on Seniors’ Issues in 2006; AND WHEREAS the findings of the consultation which were distributed in April 2007 recommended the need to regulate retirement homes; AND WHEREAS to date it appears that the Provincial Government has made no progress in implementing legislation to address this need; AND WHEREAS there have been recent incidents that have resulted in residents of retirement homes being placed in life threatening situations such as a recent fire in Orillia that resulted in the unfortunate death and hospitalization of many residents; Council Meeting Minutes - 26 - March 23, 2009 THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury lobby all Ontario municipalities to have the Ontario provincial government take immediate action and pass the legislation that will regulate and provide resources to monitor all retirement homes and provide a safe home environment to those seniors who are most vulnerable; AND THAT this resolution be forwarded to the Honourable Rick Bartolucci, M.P.P., Minister of Safety and Correctional Services.” Resolution #C-154-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the City of Sudbury, with respect to the regulation and provision of resources to monitor retirement homes, be endorsed. “CARRIED” D - 22 Brydon Eady writing to Mayor Abernethy and Councillor Novak advising he is a graduate student in Dublin, Ireland, who is originally from Kirby/Kendal Hills and has been offered two internships from May to December 2009, one with the International Organization for Migration at the Office of the Permanent Observer to the United Nations in New York, and the other with the United States of America Department of Commerce with the Consulate in Toronto; advising he will still be a full-time student during the duration of the internship and that he is looking for funding for these unpaid internships; and, any suggestions or advice on where or who to pursue for funding. Resolution #C-155-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D – 22 from Brydon Eady, with respect to internship funding, be received for information. “CARRIED” D - 23 Suzanne Gibb, Teacher, John M. James Public School, forwarding correspondence from seven students requesting that the zoo be closed and correspondence from 14 students requesting that Council provide the zoo with financial assistance to help the zoo operate. Council Meeting Minutes - 27 - March 23, 2009 Resolution #C-156-09 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item D – 23 from students of John M. James Public School, with respect to the Bowmanville Zoo, be received for information. “CARRIED” D - 24 Cathy Saunders, AMCT, MCIP, RPP, Chief Administrative Officer/Clerk, Municipality of Middlesex Centre, advising Council that on February 4, 2009, the Municipality of Middlesex Centre adopted the following resolution pertaining to Department of Fisheries and Oceans requirements pertaining to drainage works and bridge reconstruction: “WHEREAS the Department of Fisheries and Oceans review and approval of such matters as drain maintenance and construction and bridge reconstruction projects has proven to be a lengthy process resulting in unreasonable delays in the completion of Municipal Projects; AND WHEREAS the cost of implementing the conditions for approving drain maintenance and construction or bridge reconstruction is an added cost passed on to those assessed for the drainage works and to Municipalities, respectively; AND WHEREAS errors and inconsistencies in the drainage mapping, used for drain and waterway classifications, which includes man made open ditches, by the Department of Fisheries and Oceans could result in delays and increased additional costs; AND WHEREAS given the relatively short and inflexible construction/maintenance season and the reluctance of the Department of Fisheries and Oceans to reduce in turnaround time of approvals places an undue burden on the municipality; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Middlesex Centre petitions the Department of Fisheries and Oceans to review and shorten the time frame required for approval of drainage maintenance and construction and bridge reconstruction requests to allow for a more flexible and reasonable construction/maintenance season, especially where weather conditions warrant an extended season; and Council Meeting Minutes - 28 - March 23, 2009 FURTHER THAT the Municipality of Middlesex Centre petitions the Department of Fisheries and Oceans to delegate their authority for such matters to the local Conservation Authorities given their existing in-depth knowledge of these issues and mandate to protect the environment; and, FURTHER THAT IT BE RESOLVED THAT this motion be forwarded to Fisheries and Oceans Canada, Association of Municipalities of Ontario, Minister of Municipal Affairs and Housing, Minister of Agriculture, Food and Rural Affairs, Minister of Natural Resources, local Conservation authorities, local MPs and MPPs, Western Ontario Wardens Caucus.” Resolution #C-157-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Municipality of Middlesex Centre, with respect to Department of Fisheries and Oceans requirements pertaining to drainage works and bridge reconstruction, be endorsed. “CARRIED” D - 25 Jim Richards expressing concern that no public consultation sessions have taken place from the Region of Durham on the proposed Energy-From-Waste facility since 2007 despite a number of major milestones in the process and release of key reports and studies; expressing concern that Regional consultants were hired to promote an EFW facility through an EA process and not to investigate whether the proposal is safe or economical; and requesting in the strongest possible terms that Clarington Council adopt a resolution to direct the CAO to set up a Public Information Session in Clarington, in a central location, to be advertised well in advance and to request that the consultants engage all of their team at such a session and to hire consultants to review all of the new studies produced by the Region or to adopt a resolution to request intervener funding so that the public can scrutinize these reports. Resolution #C-158-09 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS the Region of Durham is following a full Provincial environmental assessment regarding a proposed Energy From Waste facility in the Municipality of Clarington; Council Meeting Minutes - 29 - March 23, 2009 WHEREAS the Municipality, as the selected site location, received approval for the funding amount of $500,000 from Region of Durham to conduct its own peer review; WHEREAS to date the Municipality has spent approximately $378,000 of the total funds approved by the Region of Durham for peer review purposes; and WHEREAS the Municipality of Clarington Council deems it necessary to undertake further peer reviewing at this time; NOW THEREFORE BE IT RESOLVED THAT in order to pay for further peer reviewing, Council approves the spending of up to the remaining balance of $122,000 of the approved Regional commitment; and THAT staff of the Municipality keep Council full informed as to how staff intends to carry out such peer reviewing. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v D - 26 Jim Maudsley, Mayor, Municipality of Thames Centre, expressing concern with the collapse of the recycled materials commodities market and global economic problems that have had a direct impact on the value of recycled materials and the viability of the Blue Box program; and, requesting the Province to provide immediate support to municipalities and private sector partners to secure the viability of municipal waste diversion programs. Resolution #C-159-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 26 from the Municipality of Thames Centre, with respect to the collapse of the recycled materials commodities market, be referred to the Regional Works Department. “CARRIED” Council Meeting Minutes - 30 - March 23, 2009 D - 27 Colin Rowe, Past-President, Clarington Concert Band, providing a history of the Clarington Concert Band and requesting that the Band be designated as the “Official Town Band for the Municipality of Clarington”; and, providing examples of other Municipalities that have their own “Town Band” including Guelph, Cobourg, Oshawa, Perth, Whitby and Brampton who provide services and enhance the image of their municipalities. Resolution #C-160-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item D - 27 from the Clarington Concert Band, requesting designation of ‘Official Band for the Municipality of Clarington’, be endorsed. “MOTION LOST” Resolution #C-161-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the request from the Clarington Concert Band for designation of “Official Band for the Municipality of Clarington’ be referred to the Chief Administrative Officer for investigation and report. “CARRIED” D - 28 Dr. Debra Jefferson expressing concerns with the health and environmental risks that the proposed Energy-From-Waste facility would bring to Clarington; requesting a Peer Review that would address Environmental monitory of such facility; and, advising that she feels the current direction of the Region in its EA process is not protective of public health or the environment but rather that the process is being directed by an industry that has a huge financial stake in getting the facility built. Resolution #C-162-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 28 from Dr. Debra Jefferson, with respect to the need for for peer reviews of Regional Consultant’s Studies as they pertain to the Proposed Energy-From-Waste Facility, be referred to the Regional Works Department and to Jacques Whitford. “MOTION LOST” Council Meeting Minutes - 31 - March 23, 2009 Resolution #C-163-09 Moved by Councillor Foster, seconded by Councillor Hooper WHEREAS the most important question to be answered regarding the proposed incinerator is “Is it safe?”; WHEREAS the residents of Clarington are concerned with the emissions from the proposed incinerator and the potential negative cumulative impact on our airshed; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington express its desire that ambient air quality and environmental monitoring be performed for a minimum of three years. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v D - 29 Steven Wegner expressing concern with the amount of trash laying on the ground at the skateboard park in Courtice; and, suggesting that if users continue to abuse the park it should be closed. Resolution #C-164-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Steven Wegner be advised of the upcoming meeting between Councillors, staff and the Durham Regional Police Service concerning the skateboard park in Courtice. “CARRIED” Council Meeting Minutes - 32 - March 23, 2009 D - 30 Linda Gasser advising of the recent release of several important reports by the Energy-From-Waste EA Project Team and other reports expected to be released later this week; requesting that Council commission independent peer reviews by qualified consultants of EFW documents including the Draft Environmental Baseline Study (released), the Natural Environment Impact Assessment-Clarington Site 01 (released), Final Report Review of International Best Practices of Environmental Surveillance for EFW’s (released), Dr. Kyle’s Report and/or related peer review (Not yet released), Site Specific HHERA (Not yet released) and any other studies identified as requiring review by staff and others; requesting that Council advocate strongly for Clarington interests by insisting to all parties that Clarington, as the potential host community, be permitted sufficient time and requisite funds for the municipality to do its due diligence regardless of the Region’s advanced timeline to submit the EA prior to the summer Council recess; and urging Council in the strongest terms possible to direct staff forthwith to determine the scope of work required to protect human health and the environment, to identify qualified and independent reviewers to get estimates and to begin the reviews and the process to obtain the necessary funds from the Region. Resolution #C-165-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D – 30 from Linda Gasser, with respect to the need for for peer reviews of Regional Consultant’s Studies as they pertain to the Proposed Energy-From-Waste Facility, be referred to the Director of Planning Services. “CARRIED” D - 31 Jim Richards voicing his opinion that Council needs to do more than merely write letters to save Lakeridge Health Bowmanville’s Emergency Department; suggesting that Mayor Abernethy use the power of his office to influence the LHIN and the Province of Ontario and taking the lead and rallying the citizens of Clarington to save the hospital by staging an information session in support of the Hospital and inviting senior levels of government to attend so that a meaningful message can be sent to Queen’s Park that the citizens of Clarington will not accept these cuts in service at Lakeridge Health Bowmanville. Council Meeting Minutes - 33 - March 23, 2009 Resolution #C-166-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 31 from Jim Richards, with respect to Lakeridge Health Bowmanville, be endorsed. “MOTION LOST” Resolution #C-167-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 31 from Jim Richards, with respect to Lakeridge Health Bowmanville, be received with thanks. “CARRIED” D - 32 Kerry Meydam, expressing concern that the Joint Waste Management Group (JWMG) voted against ambient air monitoring and human bio- monitoring with respect to the proposed Energy-From-Waste facility despite promises by Regional Council for the most up-to-date, state of the art, best practices regarding human health and safety concerns; questioning why the project continues to be pushed through in spite of evidence brought forward by doctors, engineers, chemists and residents and why this information is so quickly dismissed; why it is up to the residents to do the research to prove that the incinerator is not yet safe, why there have been no Public Information Sessions held for major milestones that have occurred since 2007; and, requesting that all Councillors re-examine the data and consider delaying this project until independent peer reviews can be done for the benefit of all and that if it takes more time to get all the required answers residents expect their elected representatives to delay this project until all questions are answered. To view documented studies, alternative solutions, health and other concerns of residents, Ms. Meydam refers to http://www.durhamenvironmentwatch.org/incineration_articles.htm. Resolution #C-168-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Correspondence Item D – 32 from Kerry Meydam, with respect to the Proposed Energy-From-Waste Facility requesting a delay to conduct independent peer review of studies, be received with thanks. “CARRIED” Council Meeting Minutes - 34 - March 23, 2009 Resolution #C-169-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 12:03 a.m., Tuesday, March 24, 2009. COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report March 9, 2009. Resolution #C-170-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of March 9, 2009, be approved, with the exception of Items #45 and #48. “CARRIED” Item #45 Resolution #C-171-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Canadian Red Cross - Disaster Management Program be approved for a grant in the amount of $1,000. “MOTION LOST” Resolution #C-172-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the Canadian Red Cross - Disaster Management Program request for a grant in the amount of $5,000.00 be denied. “CARRIED” Council Meeting Minutes - 35 - March 23, 2009 Item #48 Resolution #C-173-09 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CSD-006-09 – Clarington Sports Hall of Fame be referred back to staff for further report. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Mayor Abernethy advised that Staff Report #2 will be postponed as the Solicitor is not in attendance. STAFF REPORT(S) 1. Confidential Verbal Report of the Chief Administrative Officer Regarding Energy-From-Waste Host Agreement Negotiations 2. Confidential Verbal Report of the Solicitor Regarding an Official Plan Application 3. Confidential Verbal Report of the Chief Administrative Officer Regarding a Personnel Matter Resolution #C-174-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Staff Report #1- Confidential Verbal Report of the Chief Administrative Officer Regarding Energy-From-Waste Host Agreement Negotiations and Staff Report #3 - Confidential Verbal Report of the Chief Administrative Officer Regarding a Personnel Matter, be referred to a closed session of Council for consideration at the end of the Agenda. “CARRIED” Council Meeting Minutes - 36 - March 23, 2009 BUSINESS ARISING FROM NOTICE OF MOTION Councillor Trim chaired this portion of the meeting. Resolution #C-175-09 Moved by Mayor Abernethy, seconded by Councillor Hooper 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; 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; Council Meeting Minutes - 37 - March 23, 2009 AND WHEREAS 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. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Mayor Abernethy resumed the Chair. UNFINISHED BUSINESS Resolution #C-176-09 Moved by Councillor Novak, seconded by Councillor Trim THAT William Calver be presented with the 2008 Ontario Heritage Trust Heritage Community Recognition Award at an upcoming Clarington Heritage Committee meeting. “CARRIED” Council Meeting Minutes - 38 - March 23, 2009 Resolution #C-177-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentations of Dianne McKenzie, Laura Scott, Lynn Martin, Mike Harrington, Soren Hertzum-Larsen, Cameron Mackey, Julie Thrasher, Kevin Van Rooy, Dan Remollino, Doug Allingham, and Cindy Symons-Milroy be received, with thanks. “CARRIED” BY-LAWS Resolution #C-178-09 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2009-036 to 2009-039 inclusive; 2009-036 Being a By-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and the Central East Prehospital Care Program at Lakeridge Health Corporation of the Collaborative Statements for the Semi Automatic External Defibrillation Program at Community Services Recreation Facilities, Orono Arena, Newcastle Arena and Newcastle Community Hall 2009-037 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dig-Con International Ltd., Bolton, Ontario, to enter into agreement for Courtice Millennium Trail Bridge Construction, Courtice, Ontario 2009-038 Being a By-law to amend By-law 2007-039, a by-law to appoint Members to the Clarington Traffic Management Advisory Committee 2009-039 Being a By-law to amend By-law 2007-024, a by-law to appoint Members to the Clarington Accessibility Advisory Committee; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. Council Meeting Minutes - 39 - March 23, 2009 OTHER INFORMATION There was no other information introduced under this section of the Agenda. Resolution #C-179-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of considering Staff Report #1- Confidential Verbal Report of the Chief Administrative Officer Regarding Energy-From-Waste Host Agreement Negotiations and Staff Report #3 - Confidential Verbal Report of the Chief Administrative Officer Regarding a Personnel Matter. “CARRIED” The meeting resumed in open session at 1:20 a.m., March 24, 2009. The Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. Two matters were considered and one resolution was passed to provide direction to staff. CONFIRMING BY-LAW Resolution #C-180-09 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2009-040, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held rd on the 23 day of March 2009; and THAT the said by-law be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 40 - March 23, 2009 ADJOURNMENT Resolution #C-181-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 1:25 a.m., March 24, 2009. "CARRIED"