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"