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HomeMy WebLinkAbout05/11/2009 Council Meeting Minutes MAY 11, 2009 Minutes of a regular meeting of Council held on May 11, 2009, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon 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 Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Correspondence Item D - 15. ANNOUNCEMENTS Councillor Robinson expressed appreciation to staff of the Emergency Services Department, the Engineering Services Department and the Canadian Red Cross for their assistance to fourteen individuals who were displaced from their homes at 119 King Street West and who required temporary accommodations. He noted some individuals are now back in their homes. Councillor Woo announced the following: ? On Wednesday, May 6, 2009, he represented the Mayor at the grand re-opening of Eco Water Systems in Bowmanville. He advised McLeod’s Eco Water is the area’s longest locally-owned water treatment company. Council Meeting Minutes - 2 - May 11, 2009 ? On Friday, May 8, 2009, VE Day, he attended the unveiling of a Military Mural painted by local artist Todd Treemer depicting the involvement of Canadian men and women from WW1 to the present conflict in Afghanistan. ? On Saturday, May 9, 2009, he attended the First “Champions Against Homophobia and Transphobia” Awards Night hosted by PFLAG Canada Durham, Club 717 and the Aids Committee of Durham. Councillor Woo, along with Councillors April Cullen and Brian Nicholson from the City of Oshawa and Constable Keith Richards, Durham Regional Police Service were nominated for awards. Councillor Foster announced the following: ? A Public Information Session will be held on May 12, 2009, on the proposed Energy-From-Waste facility at the Garnet B. Rickard Recreation Complex. ? On May 14, 2009, the Courtice Rotary Club will host the Paul Harris Awards Night. Councillor Hooper announced the following: ? On Wednesday, May 6, 2009, he participated in McHappy Day at the local McDonald’s Restaurant. Councillor Hooper stated the Wilson family, owners of eight local McDonald’s Restaurants, make significant charitable contributions and suggested a Certificate of Appreciation be provided to the family acknowledging their efforts. ? On Thursday, May 7, 2009, he attended the Clarington Youth Talent Showcase and acknowledged the many talents of local youth. Councillor Hooper thanked the Director of Community Services, the Recreation Services Manager and facility staff for hosting the event. ? On May 9, 2009, Mayor Abernethy and Chief Weir welcomed home Darren Hann, a Clarington resident, who recently returned home upon completion of his tour of duty in Afghanistan. th Councillor Novak announced that she also participated in McHappy Day on May 6 selling balloons at the event. MINUTES Resolution #C-268-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held on April 27, 2009, be approved. “CARRIED” _ 3 _ May 11, 2009 Council Meeting Minutes PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Harold Whorms advised prior to the meeting that he would not be addressing Council. Mayor Abernethy stated a number of letters have been received regarding the application submitted by Lafarge Canada Inc. to amend the official plan and zoning by-law to permit an asphalt plant and aggregate transfer station which he will forward to the Municipal Clerk for inclusion in the public record. Louis Bertrand addressed Council concerning Staff Report #1 -Report CAO-002-09 stating that Council must engage the residents of the community in the project in order to assure them that their best interests are being respected, and questioned what it will take to have Council address the threat of the proposed incinerator. Mr. Bertrand noted that many concerned citizens have appeared before both Clarington and Regional Council providing solid evidence that incineration is not a safe option and have provided viable alternatives to waste management including zero waste. Mr. Bertrand stated that Council received for information a motion from the Clarington Agricultural Advisory Committee regarding the importance of air quality monitoring for for the Energy-From-Waste facility, yet debated the merits of holding a street party and licensing of a hot dog cart for over thirty minutes. He suggested that as Council is concerned with residents drinking in public, they should also be concerned with the increase of cancer, cardiovascular disease and asthma that will occur with incineration. He noted that residents have also pointed out serious flaws in the financial information provided regarding the incinerator. Mr. Bertrand stated this garbage crisis was not created in Clarington and this project should not be foisted on Clarington. Mr. Bertrand urged Council not to abandon their "Unwilling Host" status and to look to the best long-term interests of the residents of Clarington, Durham Region and all of Ontario. Linda Gasser addressed Council concerning Staff Report #1 -Report CAO-002-09 expressing appreciation to Clarington's four local Councillors who have listened to their constituents and have done their due diligence. She noted that this issue concerns money, power and greed and feels that the incineration industry is looking for a toehold in Canada. Ms. Gasser expressed concern that Report CAO-002-09 agrees to risk public health in return for infrastructure and that it is inadequate to agree to air monitoring for three years only when the incinerator will operate for twenty-five years, and that no soil or human health biomonitoring will be conducted. Ms. Gasser urged Council to consult with the community before taking action. She stated if approved, the $85 million stack will be visible for miles and will be a constant reminder of those who failed to protect the community. Ms. Gasser feels that the "Unwilling Host" position is Clarington's deterrent to the Energy-From-Waste Facility and the Province may not be willing to approve the project if it has been forced on the community. Council Meeting Minutes - 4 - May 11, 2009 Ms. Gasser stated that Mayor Abernethy has repeatedly indicated that he would not support incineration if it is proven not to be safe; however, she feels that if the Mayor were sincere, he would not bring forward a motion to rescind Clarington's "Unwilling Host" position in advance of receiving the peer review studies. Ms. Gasser urged Council to maintain the current "Unwilling Host" position. Barry Bracken addressed Council concerning Mayor Abernethy's Notice of Motion to reconsider Clarington's "Unwilling Host" position. Mr. Bracken questioned why anyone would want to declare the municipality as a "Willing Host" to an incinerator and to subject Clarington residents to health, environmental and financial risks. Mr. Bracken feels that Clarington will turn into "Hamilton East" noting dirty industry attracts dirty industry. He stated property values will be diminished and the health of the community, especially children, will be threatened. Mr. Bracken stated many of the gasses and particulate matter released are toxic and harmful and that Council should not ignore the opinions of seventy-five medical doctors who have signed a petition opposing this incinerator and noted that organizations representing 33,000 doctors in Europe and worldwide have sent an open letter to the European Parliament with their concerns regarding the health effects of incinerators. Mr. Bracken noted several Regional Councillors are undecided on the issue and he feels that if Clarington rescinds their "Unwilling Host" position, these Regional Councillors will be less likely to vote against the incinerator in June. Mr. Bracken also feels that the Ministry of the Environment will be influenced by the position of the host community and expressed concern that if the proposal is approved it may open the floodgates for incinerators to be built across the country. Mr. Bracken urged Council not to rescind the "Unwilling Host" community position and urged the public to attend the information session being held on May 12, 2009, at the Garnet B. Rickard Recreation Complex to voice their concerns on incineration. Kerry Meydam addressed Council concerning Mayor Abernethy's Notice of Motion to reconsider Clarington's "Unwilling Host" position. Ms. Maydam stated she was here this evening to urge Council to retain the "Unwilling Host" position as she feels that if the Municipality becomes a "Willing Host" to the proposed incinerator, Regional Council will have no reason to oppose or delay the project. She noted the Ministry of the Environment places significant weight on the issue of the "Unwilling Host" community, as public opinion and community acceptance are an important part of the process. Ms. Meydam expressed concern that every report prepared by the consultants has been positive, that they recommend that no additional monitoring be done, and that documented research presented by residents, medical doctors and scientists has been questioned, or not accepted at all. Ms. Meydam questions what has happened to taking a precautionary approach and why are residents being labeled as radicals when they attempt to bring forward factual information. Ms. Meydam stated the public is of the opinion that the issue is a done deal and she hopes that politicians will consider the precautionary principle and consider alternatives. She urged Council to retain its "Unwilling Host" status and to not exchange public health for royalties. Council Meeting Minutes - 5 - May 11, 2009 Nadia McLean-Gagnon addressed Council concerning Staff Report #1 - Report CAO- 002-09 stating as a resident of Courtice she was here this evening to ask Clarington’s Regional and local Councillors to keep the “Unwilling Host” status. Ms. McLean- Gagnon urged local Councillors to not give in to the pressures to rescind the previous decision and to remain an “Unwilling Host” community. She feels that after all of the information Council has received on the matter, it would be reasonable to conclude that the precautionary principle should apply. Ms. McLean-Gagnon feels the incinerator is a huge mistake quoting the financial cost and expressing concern with the serious health risks and implications the burning of toxins will have on the unborn, children, and adults and the problems that will be passed on to future generations. Ms. McLean-Gagnon urged all Councillors to stay the course and not to change the municipality’s “Unwilling Host” status. Gabriel Gagnon addressed Council concerning Staff Report #1 - Report CAO-002-09 stating he has been following the debate on the sidelines and feels that now is the time to speak on the project. Mr. Gagnon stated he was proud of Clarington Council when they adopted the position of an “Unwilling Host” community, but he is aware that it is a fragile position, and had hoped the many delegations appearing before Council would convince Regional Councillors to change their opinions. Mr. Gagnon questioned why the municipality would change the “Unwilling Host” position when the Environmental Assessment is not complete and it has not been determined if the facility is safe. Mr. Gagnon stated he feels that the public will engage in more recycling and cited the success of the clear bag pilot project being conducted in his neighbourhood. He also feels that if some of the funds being spent on the incinerator project were diverted to supplying the public with clear bags, community buy-in and diversion rates could significantly increase. Mr. Gagnon expressed concern that the location of the proposed incinerator is in close proximity to places where people gather such as Darlington Provincial Park, the Second Marsh, schools, soccer fields, baseball diamonds, and farms and the pollution will negatively impact the public’s ability to enjoy the outdoors. Mr. Gagnon stated over seventy-five medical doctors have signed a petition against incineration and he urged Council to maintain their “Unwilling Host” community position. Pierre-Philipe David addressed Council concerning Staff Report #1 - Report CAO-002-09 stating he and his wife bought their home in Courtice two years ago as they felt the community, with its vibrant small-town feeling, amenities and safe, clean neighbourhoods, was the place they wanted to raise their family. He advised that had he known at the time that an incinerator was planned, he would never have purchased his home in Courtice. Mr. David feels as a parent it is his responsibility to ensure his family is safe and healthy and to provide for his family in a community of which he can be proud. Mr. David stated, despite his greatest efforts, he cannot protect his young daughter from the air she breathes. Mr. David stated that Council, as public servants, represent all members of society from newborns to the elderly and the decisions made by Council will impact the entire public. Council Meeting Minutes - 6 - May 11, 2009 He questioned whether burning garbage makes a community a better or more attractive place to live and questioned if this Council wants to leave the legacy of Clarington being the place that garbage is trucked in to burn. Mr. David urged Council to maintain the “Unwilling Host” community status. Eric McLean addressed Council concerning Staff Report #1 - Report CAO-002-09 as a concerned resident of Durham Region. Mr. McLean feels that burning garbage should never be a viable option and questioned the logic of adding more pollution to the airshed. Mr. McLean stated being from Sudbury, he is well aware of the effects of airborne pollutants on the environment, and questioned whether the incinerator is the only solution. Mr. McLean feels that the public is not being sufficiently informed of the project and that the majority of residents would not be in favour of incineration. Mr. McLean urged Council to find an alternative solution to the problem and to maintain the “Unwilling Host” community status. Ashley Bridgeman addressed Council concerning Staff Report #1 - Report CAO-002-09 stating she feels it is critically important for Council to maintain its “Unwilling Host” position and that Members of Council have the obligation to stand up for their constituents. Ms. Bridgeman stated the garbage belongs to everyone and feels that just because Clarington has been chosen as the site with the most space, does not mean the municipality has to accept it. Ms. Bridgeman feels that if questioned, other Regional Councillors would not be in favour of the incinerator being built in their municipalities either. Ms. Bridgeman urged Council to stand up for the rights of Clarington citizens. Michael Cuciurean advised prior to the meeting that he would not be addressing Council. Kerry Meydam addressed Council earlier in the meeting. Wendy Bracken addressed Council concerning Mayor Abernethy’s Notice of Motion to rescind Resolution #C-032-08 stating she feels it is imperative that Council maintain its “Unwilling Host” position. Ms. Bracken stated that incineration fails on every front as it will add large quantities of pollutants to the airshed, there will be increased truck traffic, emissions from the facility will deposit contaminate on the lands, the energy produces greenhouse gas, and the incinerator will bring a huge financial burden to the Region. Ms. Bracken stated informed communities do not want incinerators and there have been no new incinerators built in Ontario for twenty years. She advised that incineration proposals are being fought in Europe and expressed concern that the Region’s consultants are members of an Energy-From-Waste Coalition and that information provided by the consultants is one-sided. Ms. Bracken expressed concern that ambient air monitoring will be done for three years only and that no human biomonitoring will be conducted. She feels that public consultation should take place on any Host Community Agreement and to trade public health for a few royalties and infrastructure would be shameful. Ms. Bracken expressed concern that Regional Councillors have consistently voted to advance the project and have failed to use the precautionary principle. Council Meeting Minutes - 7 - May 11, 2009 Ms. Bracken stated there is no credible information that this incinerator is good for the community and urged Council to maintain the "Unwilling Host Community" status. Ms. Bracken stated Clarington is not a willing host. Resolution #C-269-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the Rules of Procedure be suspended and that Correspondence Items I - 6 (f) and (g), D - 18 and D-19 be added to the Agenda. “CARRIED” COMMUNICATIONS Correspondence Items I – 6 (f) and (g) were received as handouts. Resolution #C-270-09 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information, including handout items I - 6 (f) and (g) be approved, with the exception of Items I - 5, I - 8, I - 14, I - 18 and I - 21. “CARRIED” I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 14, 2009. I - 2 Minutes of the Central Lake Ontario Conservation Authority dated April 21, 2009. I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 17, 2009. I - 4 M. Januszkiewicz, Director of Waste Management Services, Region of Durham, issuing a notice advising of the release of the draft Interim Environmental Assessment (EA) study document; advising the Region has agreed to release the draft Interim EA study document in phases to maximize the pre-submission review by the Government Review Team, Ministry of the Environment and the general public; and attaching a CD copy of the draft Interim Environmental Assessment study document. Council Meeting Minutes - 8 - May 11, 2009 Comments on the draft Interim EA study document can be submitted to the project team during the pre-submission period ending June 5, 2009, at info@durhamyorkwaste.ca or submitted during the Ministry of the Environment’s regulated review period. The following is the established schedule to consider the draft Interim EA documents: May 6 – Site Liaison Committee, May 5 – Joint Waste Management Group, May 20 – Works Committee and June 3 – Regional Council. I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed “Energy-From-Waste” facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Carol Macey b) Maria Kordas-Fraser c) Patricia Horan d) Sylvia Vanhaverbeke e) Mary-Ann Kalutai f) Pam Callus and Jim Osborne g) Barb Spencer I - 7 Association of Municipalities of Ontario (AMO) Member Communication Alert dated April 27, 2009, advising that candidates for municipal office in Ontario are now exempt from the provisions of the National Do Not Call List (DNCL), launched on September 30, 2008, imposing enforceable restrictions on organizations and individuals placing unsolicited telephone calls to Canadians who had registered on the List. I - 9 John R. O’Toole, MP, Durham, forwarding a copy of the Municipality’s response from the Honourable Aileen Carroll, Minister of Culture, with respect to Camp 30, advising that he, along with so many Bowmanville residents, was saddened by the recent fire at the site; trusting that Council and citizens will not be discouraged by this turn of events and will continue with initiatives that give the site the recognition it deserves; and, enclosing the official Report of Debates (Hansard) of April 6, 2009, where he raises the historical significance of Camp 30 in the Legislature. I - 10 John R. O’Toole, MP, Durham, writing to Michael Patrick, President, Clarington Board of Trade, advising that he agrees that it is important for Clarington to be a balanced municipality, offering local jobs and investment opportunities; that he supports the Board of Trade and the Municipality in seeking planning policies that aim for more jobs for local residents, along with well-planned growth for the future; and, that the amount of “employment lands” allocated to Durham Region in the “Places to Grow” document is unfair. Council Meeting Minutes - 9 - May 11, 2009 I - 11 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable James J. Bradley, Minister of Transportation, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to The Greater Toronto and Hamilton Area Transit Implementation Act, 2009: “a) THAT the following recommendations for changes to Bill 163, the Greater Toronto and Hamilton Area Transit Implementation Act 2009 be forwarded to the Minister of Transportation and to the provincial Standing Committee on Finance and Economic Affairs: i) The Province must recognize in Bill 163 that, for municipalities to plan effectively for key intensification corridors, they must be included as true partners in the planning and implementation decisions around major transit infrastructure in their municipality; ii) The Province must foster the meaningful participation and strong co-operation from municipalities that is vital to effectively implement the Regional Transportation Plan by creating a ‘hybrid board of directors’ that retains municipal representation on the proposed 15 member consolidated Metrolinx board as well as including private sector experts; iii) Since Metrolinx will be investing a very large amount of public funding, Bill 163 must include provisions to ensure that the consolidated board will operate as openly, transparently and accountably as possible; iv) The Province must simplify and clarify how the various provincial acts, plans and policies for the Greater Golden Horseshoe fit together; v) The Province must assume the responsibility for establishing, implementing and administering a Provincial Transit/Transportation Development Charge and related funding model to replace the existing GO Transit development charge pursuant to the Development Charges Act 1997. This Provincial Transit/Transportation Development Charge and related funding models must form an integral part of the future investment strategy by incorporating the capital projects set forth in the Metrolinx Regional Transportation Plan and GO Transit capital plans to ensure that the growth components of these plans are funded from growth revenue sources; Council Meeting Minutes - 10 - May 11, 2009 vi) The regulatory authority in Bill 163, to prescribe a transit system as part of the Metrolinx system, must be accompanied by a responsibility to mitigate any negative impacts, financial or otherwise, on an affected municipally-operated transit system, as a result of the prescription of a system within its service area. One way to do this is to balance provincial investment in the regional and municipal transit system; and b) THAT a copy of Joint Report No. 2009-J-19 of the Commissioners of Finance, Works and Planning be forwarded for information to the Ministers of Energy and Infrastructure, and Municipal Affairs and Housing, Durham Region MPP’s, the Chairs of Metrolinx and GO Transit, the Cities of Toronto and Hamilton, the Regions of Halton, Peel and York, and the eight Durham area municipalities.” I - 12 P. M. Madill, Regional Clerk, Region of Durham, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: “a) THAT Report #2009-P-29 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2009-P-29 be forwarded to all Durham Area Municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information.” I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising that on April 22, 2009, Regional Council adopted the following resolution pertaining to the Annual Subdivision/Condominium Activity Report for 2008: “a) THAT Report #2009-P-28 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2009-P-28 be forwarded to the area municipalities.” Council Meeting Minutes - 11 - May 11, 2009 I - 15 Canadian Urban Institute issuing a Media Release/Communique dated April 27, 2009, advising that the Special Senate Committee on Aging has released its Final Report “Canada’s Aging Population: Seizing the Opportunity” focusing on five recommendations ranging from the promotion of active, healthy aging to issues such as ensuring that Canadians are able to age in place with adequate housing, transportation, and integrated health and social care services; and, indicating that the section of the report dealing with the built environment emphasizes the importance of incorporating the principles of universal design to plan “lifetime neighbourhoods” and apply the principles of barrier-free design to all aspects of the built environment to improve accessibility for everyone. I - 16 Harold Sellers, Executive Director, Oak Ridges Trail Association, expressing appreciation for the $500 grant which will assist the Association with general maintenance, repairs and improvements to the Oak Ridges Moraine Trail. I - 17 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living, expressing appreciation for the $1,000 grant which will assist Community Living in providing the highest quality of life possible for people with intellectual disabilities by creating opportunities for inclusion, citizenship, acceptance and partnership. I - 19 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence he received from the Honourable Donna Cansfield, Minister of Natural Resources,(MNR) regarding the Kendal Crown Lands, advising the MNR has made no commitments to form partnerships or received any formal proposals or submissions regarding the Kendal Property; however, the Ontario Federation of Anglers and Hunters has expressed an interest in a possible partnership and have indicated that they will be reviewing their interest in the property during spring 2009 and that staff will update Mr. O’Toole of plans and consultation on the Kendal property. I - 20 Peter Simmons, Director, Municipal and Community Engagement, Nuclear Waste Management Organization, forwarding a copy of the Nuclear Waste Management Organization discussion document “Moving Forward Together: Designing the Process for Selecting a Site – Invitation to Review a Proposed Process for Selecting a Site” and a copy of the NWMO Activity Update (April 2009). The site selection document will be made available for public review and comment on the NWMO website. Council Meeting Minutes - 12 - May 11, 2009 I - 5 Sandra Kranc, City Clerk, City of Oshawa, writing to P. Madill, Regional Clerk, Region of Durham, advising that on April 20, 2009, the City of Oshawa adopted the following resolution pertaining to the Region of Durham’s Proposed Energy from Waste Facility: “Whereas the Region of Durham has selected a site in the Municipality of Clarington for its proposed Energy From Waste (EFW) Facility; and, Whereas Municipality of Clarington staff and Region of Durham staff did not respond positively to Oshawa’s offer to partner on a public information session on the proposed EFW Facility; and, Whereas Municipality of Clarington staff have now advised it is no longer interested in partnering with the Region of Durham and other municipalities in coordinating a public meeting on the proposed EFW Facility; and, Whereas the Region of Durham intends to select a preferred proponent to build and operate the proposed EFW Facility at its Council meeting on April 22, 2009 (Covanta Energy Corporation is recommended by Regional staff and the Joint Works and Finance and Administration Committee); and, Whereas The Region of Durham will be hosting an Open House on May 12, 2009 at a location in the Municipality of Clarington on the proposed EFW Facility; and, Whereas following the selection of the preferred proponent on April 22, 2009, the Region of Durham intends to complete the following documentation associated with the proposed EFW Facility: Environmental Assessment Documentation, Environmental Protection Act (EPA) Approvals, Ontario Water Resources Act (OWRA) Approvals and Permits and Certificates of Approval with the Ministry of the Environment; Therefore be it resolved: 1. That Regional Council be requested to engage a qualified independent peer review consultant to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability of any environmental and public health impacts of the proposed EFW Facility based on said documentation; Council Meeting Minutes - 13 - May 11, 2009 2. That Regional Council be requested to direct the Regional Health and Social Services Department and Medical Officer of Health to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability environmental and public health impact of the proposed EFW Facility based on said documentation and that Regional Council be requested to direct the Medical Officer of Health, Dr. Robert Kyle to compare and report on his professional medical opinion as to whether the process is safe or not.; 3. That Regional Council be requested to update the business case for the proposed EFW Facility to reflect the selection of the preferred proponent and consider and chart the implications of pending plant closures on the tax base and the resulting impact of the construction and operation of the incinerator on Regional taxes; 4 That Correspondence SIC-09-17 dated March 26, 2009 from Marissa Kata and Correspondence SIC-09-18 dated March 27, 2009 from Anne Maxwell be received for information and the correspondents be advised the EFW process is under the control and guidance of the Region of Durham and the Region intends to hold an Open House on the proposed EFW Facility on May 12, 2009; 5. That Item 1 from the Oshawa Environmental Advisory Committee (SIC-07-51), Item 3 from Colleen Knight (SIC-08-11 and SIC-08- 22), Item 4 from Paul-André Larose (SIC-08-15), Item 5 from Louis Bertrand (SIC-08-23), Item 6 from Rebecca Harrison (SIC-09-13) and Item 7 from Chris White (SIC-09-14) on the Strategic Initiatives Committee Outstanding Items Status Report regarding the proposed EFW Facility be lifted from the table and received for information and the correspondents be advised the EFW process is under the control and guidance of the Region of Durham and the Region intends to hold an Open House on the proposed EFW Facility on May 12, 2009; 6. That Item 2 from the Municipality of Clarington (SIC-08-18) on the Strategic Initiatives Committee Outstanding Items Status Report be received for information; and, 7. That in the event the Region does not agree, that a copy of this resolution be sent to the Ministry of the Environment to request the Province to undertake these processes prior to any decision of an Environmental Assessment Application.” Council Meeting Minutes - 14 - May 11, 2009 Resolution #C-271-09 Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS Clarington Council is unaware of any offeror refusal of such to partner on a Public Information Session on the Proposed Energy-From-Waste Facility; WHEREAS Clarington Council may in fact be interested in exploring such an opportunity; THEREFORE BE IT RESOLVED THAT Clarington request of the City of Oshawa further information on the original offer and refusal of partnering on such a session and explore future opportunities to partner such a session; and FURTHER THAT Clarington endorse Oshawa's position: That Regional Council be requested to engage a qualified independent peer review consultant to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability of any environmental and public health impacts of the proposed EFW Facility based on said documentation; 2. That Regional Council be requested to direct the Regional Health and Socia Services Department and Medical Officer of Health to review and independently and publicly report to Regional Council on the completeness of all of the documentation intended to now be prepared by Covanta Energy Corporation and Genivar/Jacques Whitford and other Covanta/Regional Consultants and the acceptability environmental and public health impact of the proposed EFW Facility based on said documentation and that Regional Council be requested to direct the Medical Officer of Health, Dr. Robert Kyle to compare and report on his professional medical opinion as to whether the process is safe or not.; 3. That Regional Council be requested to update the business case for the proposed EFW Facility to reflect the selection of the preferred proponent and consider and chart the implications of pending plant closures on the tax base and the resulting impact of the construction and operation of the incinerator on Regional taxes; 4. That in the event the Region does not agree, that a copy of this resolution be sent to the Ministry of the Environment to request the Province to undertake these processes prior to any decision of an Environmental Assessment Application. "MOTION WITHRAWN" Council Meeting Minutes - 15 - May 11, 2009 Resolution #C-272-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 5 from the City of Oshawa with respect to the Region of Durham’s Proposed Energy-From-Waste Facility be referred to the Municipal Clerk for inclusion in next General Purpose and Administration Committee Agenda. “CARRIED” I - 8 Dr. Elaine Ho and Dr. Vincent Ho, writing to Foster Loucks, Chair, Board of Directors and Debora Hammons, CEO, Central East LHIN, expressing concern with the possibility of removing the Special Care Unit and resulting loss of internal medicine and/or general surgery coverage from Lakeridge Health Bowmanville; advising from their point of view as family doctors, it will compromise the quality of patient care as these services are essential for an acute care hospital and emergency department and that family physicians rely on the expertise of internists with respect to complex medical patients that they encounter on a regular basis; indicating that with the Municipality’s population growing and new nuclear plant development, there will be a need to expand Lakeridge Health Bowmanville; expressing concern that partial funding slated for Lakeridge Health Corporation was diverted to other areas and hoping that adequate funding will be provided to Lakeridge Health Corporation to reflect the population growth and that investment in Lakeridge Health Bowmanville reflects the needs of the population. Resolution #C-273-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 8 from Dr. Elaine Ho and Dr. Vincent Ho with respect to funding for Lakeridge Health Bowmanville be received for information. “CARRIED” I - 14 Lucille King, MPA, Director of Corporate Services/Town Clerk, Town of Aurora, writing to Bill Fisch, Chair and CEO, Region of York, advising that on April 14, 2009, the Town of Aurora adopted the following resolution pertaining to Hospital Funding Capital Projects: “THAT, in order to improve timely and local access to hospital care in Aurora and across high growth communities in Ontario, the Town of Aurora asks that the Government of Ontario: Council Meeting Minutes - 16 - May 11, 2009 1. 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; and 2. 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; and 3. Develop a health care and social services growth plan for Ontario to complement “Places to Grow”; and 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 Newmarket-Aurora, York Region Chair and CEO, the Town of Newmarket, High Growth Communities Mayors and Chairs, and the Central LHIN.” I - 18 Hazel McCallion, Mayor, City of Mississauga, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on April 22, 2009, the City of Mississauga adopted a resolution urging the Province to support fairness in provincial funding to allow for the improvement of timely and local access to hospital care in the City of Mississauga and across high growth communities in Ontario. Resolution #C-274-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT the resolutions from the Town of Aurora and the City of Mississauga with respect to Hospital Funding Capital Projects and Health Care and Social Services Growth Plan for High Growth Communities in Ontario be endorsed. “CARRIED” I - 21 Douglas Allingham, Lakeridge Health Board Chair, thanking Council for expressing their concerns to Health Minister David Caplan regarding the future of services at Lakeridge Health Bowmanville; offering reassurance that Lakeridge Health is firmly committed to an acute care facility in Bowmanville; acknowledging and agreeing that the volume of patients will only increase as Clarington continues to experience population and economic growth; and, confirming that Lakeridge Health’s hospital and medical leadership is continuing to work diligently with doctors and specialists in Bowmanville to examine options to help alleviate the longstanding issues relating to specialist attraction and retention at Lakeridge Health Bowmanville. Council Meeting Minutes - 17 - May 11, 2009 Resolution #C-275-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 21 from Douglas Allingham, Lakeridge Health Board Chair, with respect to the future of services at Lakeridge Health Bowmanville, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 18 and D - 19 were received as handouts. Resolution #C-276-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 11 be approved as per the agenda, with the exception of Items D - 9, D - 10 and D - 11. “CARRIED” D - 1 M. Aileen Carroll, Minister Responsible for Seniors, advising that th June 2009 marks the 25 Anniversary of Seniors’ Month in Ontario; encouraging municipalities to honour local seniors by attending and hosting events in the community; and, requesting that June 1 – 30 be proclaimed as “Seniors’ Month”. (Proclaimed) D - 2 Jennifer Knox tendering her resignation from the Clarington Heritage Committee advising she has enjoyed serving on the Committee for the past eight years and will continue her dedication to preserve the physical and cultural heritage of Clarington. (Correspondence received with regret and referred to the Municipal Clerk) D - 3 Gary Cole, District Master, West Durham District L.O.L., requesting the week of July 4 – 11, 2009, be proclaimed as “Orange Week”; and, advising of several functions scheduled during the week which th will commence on July 4 with the Annual Orange Parade in Bobcaygeon. (Request denied and staff to advise that Municipal policy does not allow proclamations to be granted for matters of religious belief) Council Meeting Minutes - 18 - May 11, 2009 D - 4 Alexander M. Lyall tendering his resignation from the Clarington Traffic Management Advisory Committee and Road Watch as he is relocating outside of the municipality and extending best wishes to the Committee in their future endeavours. (Correspondence received with regret and referred to the Municipal Clerk) D - 5 Liz Rootham, Director General, Community Development and Partnerships Directorate, Human Resources and Social Development Canada, forwarding a nomination brochure and poster for the 2009 Thérèse Casgrain Volunteer Award. The 2009 Award will be presented to two exceptional volunteers – one for Youth Participation and one for Lifelong Commitment to individuals whose social commitment and persistent efforts have contributed significantly to the well-being of their fellow Canadians. Nominations are open until June 19, 2009. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 6 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade, th requesting permission to hold the 48 Annual Community of Bowmanville Santa Claus Parade on Saturday, November 21, 2009, beginning at 10:30 a.m.; highlighting the parade route; requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall; and, thanking all involved for their continued support in making the parade a great success. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 7 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus Association of Ontario, requesting Council to proclaim the month of June as “Spina Bifida and Hydrocephalus Awareness Month” in Clarington to help raise awareness of the many challenges brought on by these serious, disabling conditions. (Proclaimed) Council Meeting Minutes - 19 - May 11, 2009 D - 8 Colin Andersen, Chief Executive Officer, Ontario Power Authority, urging Council to actively take part in Ontario’s second province-wide Energy Conservation Week, May 17 – 23, 2009; forwarding the Authority’s Energy Conservation Week 100 conservation ideas information piece/poster and brochure on conservation issued by the Ontario Power Authority; and, suggesting the municipality make use of the campaign website: energyconservationweek.ca to access and share information related to Energy Conservation Week activities. (Correspondence referred to the Chief Administrative Officer and to the Clarington Living Green Community Advisory Committee) D - 9 Kelly Knight forwarding a petition from residents of Dadson Drive and Squire Fletcher Drive advising of ongoing problems with speeding and uncontrolled driving in their neighbourhood and requesting that traffic calming measures be investigated to address safety concerns. Resolution #C-277-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D - 9 from Kelly Knight regarding speeding concerns be referred to the Director of Engineering Services and to the Clarington Traffic Management Advisory Committee. “CARRIED” D - 10 Dr. David Fowler, Durham Church Network, thanking Council and staff for the assistance provided to date in facilitating approvals with respect to land use issues for their Best Start Hub, a facility to include child daycare services, an Early Learning Centre, Health Units and programs that support the development of strong families and healthy living, to be located on the south side of Taunton Road, east of Townline Road; indicating they have recently been advised that the Federal government will be announcing a stimulus infrastructure program – Recreational Infrastructure Canada (RInc) that the Best Start Hub will fit exactly within the program parameters for RInC funding; advising that the Durham Church Network has approximately one week to compile the proposal in order to submit it as soon as the program is announced; and, asking if Council would be willing to provide a letter of support to include in the submission to the RInC program indicating that the municipality is doing all that is possible to insure that this project is fast-tracked to meet the RInC requirements of being “Shovel Ready”; and, that the letter be provided to the Durham Church Network this week. Council Meeting Minutes - 20 - May 11, 2009 Resolution #C-278-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D – 10 from Dr. David Fowler, Durham Church Network, be referred to the Director of Planning Services to prepare a response; and, that the Mayor be authorized to forward the response on behalf of Council. “CARRIED” D - 11 Douglas Cronk writing further to his letter of March 31, 2009, regarding the compensation for elected officials appointed to Veridian Corporation Boards; advising he remains extremely dissatisfied with the manner in which the issue was dealt with by Council and that he is of the opinion that both Councillor Novak and Councillor Foster should have declared a conflict of interest regarding the vote as the issue relates to their personal income; and, requesting Council to review the issue in light of the apparent conflict of interest and to reverse their earlier decision and to deal appropriately with the matter now versus passing it off to the next elected Council. Resolution #C-279-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D - 11 from Douglas Cronk, with respect to compensation for elected officials appointed to Veridian Corporation Boards, be referred to the Municipal Clerk to prepare a response outlining the Municipal Conflict of Interest Act as it relates to remuneration issues. “CARRIED” Resolution #C-280-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 8:54 p.m. Council Meeting Minutes - 21 - May 11, 2009 D - 12 Susan DaCosta, forwarding a copy of correspondence sent to the Orono Times and to Clarington This Week regarding funding for renovations to Total Hockey to provide lease space to Community Care and for remuneration paid to Members of Council to sit on the Veridian Board; requesting that Council review the issue of remuneration, specifically for the Veridian Board; suggesting that guidelines be put in place so that all Boards and Council members know exactly what is involved; and, requesting that Council revisit this issue and provide clarification now. Resolution #C-281-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 12 from Susan DaCosta, regarding the issue of remuneration for elected officials appointed to Boards and Committees, be received for information. “CARRIED” D - 13 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Canadian Transplant Association, advising that on April 20, 2009, the City of Pickering adopted the following resolution with respect to Increasing Organ Donations – Saving Lives: “WHEREAS according to media reports there are nearly 1,700 Ontarians waiting for organ transplants; and WHEREAS according to media reports, there are about 4,000 Canadians waiting for organ transplants; and WHEREAS according to media reports, 140 to 250 people die each year in Canada awaiting organ transplants; and WHEREAS according to the Canadian Medical Association Journal presumed consent, making every eligible person automatic organ donor upon death unless they specifically opt out ahead of time, is practiced in various forms in Europe in countries such as Belgium and Spain; and WHEREAS the current system in Ontario requires persons who want to donate their organs to fill out a donor card to notify family members who are then asked to provide final consent even if the donor filled out an organ donor consent card; and Council Meeting Minutes - 22 - May 11, 2009 WHEREAS many good organs that could be donated are being buried or cremated rather than harvested for those in great need or even dying on waiting lists; and WHEREAS a recent Toronto Star – Angus Reid poll has found that 64% of Ontarians support provincial legislation that would make everyone an automatic organ donor unless they explicitly opt out amongst other options; and WHEREAS such legislation would cut a long standing chronic shortage of organ donors across the province and save many lives. NOW THEREFORE BE IT RESOLVED THAT The City of Pickering encourage and support provincial legislation for making every eligible person an automatic organ donor upon death unless they specifically opt out ahead of time to address the chronic shortage of organ donations and saving many lives. This motion be forwarded to the Canadian Transplant Association, the Trillium Gift of Life, all municipalities n Durham Region, Regional Health & Social Services Committee, Ontario Municipal Association, and MPP’s for Ajax-Pickering and Scarborough East-Pickering.” Resolution #C-282-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the City of Pickering, with respect to Increasing Organ Donations – Saving Lives, be endorsed. “CARRIED” D - 14 Peter White, President, Society of Professional Engineers and Associates (SPEA) writing to the Honourable Dalton McGuinty, Premier of Ontario, congratulating the government for showing significant foresight and leadership in pursuing new nuclear power for Ontario; advising of the importance for the government to recognize that buying a Canadian made, designed, and supplied nuclear reactor is the best choice for Ontario, highlighting the benefits of selecting CANDU, including the maintenance and creation of thousands of jobs for skilled trades people and professionals; indicating that CANDU reactors have safely supplied electricity to Ontario for over 40 years with no greenhouse gas or smog; and, encouraging the Province to continue to make the right choice and to choose CANDU, and requesting Council’s support. Council Meeting Minutes - 23 - May 11, 2009 Resolution #C-283-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 14 from Peter White, President, Society of Professional Engineers and Associates, with respect to support for CANDU reactors, be received for information. “CARRIED” Councillor Foster stated a pecuniary interest with respect to Correspondence Item D - 15 as Barb and Bob Cowle are clients of Argosy, his employer. Councillor Foster refrained from discussion and voting on this matter. D - 15 Barb and Bob Cowle, requesting an extension of four months to move two sheds that are close to the property line at 2682 th Prestonvale Road, originally scheduled to be moved on May 16. The correspondence indicates that the owners are in the process of getting the house ready for sale, have personal family responsibilities to attend to; and, coupled with the fact they live 2 ½ hours away, they are requesting the extension. Resolution #C-284-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from Barb and Bob Cowle, for an extension to move two sheds at 2682 Prestonvale Road, be approved. “CARRIED” D - 16 Chris Darling, MCIP, RPP, Principal Planner, Region of Durham, requesting the Municipality to appoint a citizen representative to the Durham Trail Coordinating Committee; and, advising that John Stoner has expressed interest in serving on the Committee. Resolution #C-285-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT John Stoner be appointed as citizen representative to the Durham Trail Coordinating Committee on behalf of the Municipality of Clarington. “CARRIED” Council Meeting Minutes - 24 - May 11, 2009 D - 17 Denise Labelle-Gélinas, CMO, City Clerk, City of Cornwall, advising Council that on April 27, 2009, the City of Cornwall adopted the following resolution pertaining to the Provincial Harmonized Sales Tax: “WHEREAS the Provincial Government has recently announced the harmonization of the 5% GST and the 8% PST; and WHEREAS, the Harmonized Sales Tax will negatively impact the registration costs for minor sports by an increase in facility rental fees and registration fees; and WHEREAS these increased costs will prevent some youth from participating in sporting activities; and THEREFORE BE IT RESOLVED, that we, City Council, send an appeal to the Provincial Government to exempt items related to the rental of recreation facilities and registration fees for minor sports to ensure that all youth are able to afford to participate; and BE IT FURTHER RESOLVED that we, City Council, request to have AMO lobby the Provincial Government on our behalf; and that a copy of this Resolution be sent to all municipalities in Ontario requesting their support. Resolution #C-286-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the City of Cornwall, with respect to the Provincial Harmonized Sales Tax, be referred to the Director of Finance/Treasurer. “CARRIED” D - 18 Barb North urging Council to maintain its “Unwilling Host” position regarding the proposed Energy-From-Waste facility to be built in Clarington; acknowledging that a great deal of money has already been spent on this project but advising she feels it is better to back out of the project now than to continue and accept the negative consequences and suffer serious health and financial issues in the future. D - 19 Christine Jackson urging Council not to rescind its “Unwilling Host” position regarding the proposed Energy-From-Waste facility to be built in Clarington and to put the health of Clarington residents ahead of the wants of the Region of Durham. Council Meeting Minutes - 25 - May 11, 2009 Resolution #C-287-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D – 18 from Barb North, and Correspondence Item D – 19 from Christine Jackson, urging Council to maintain its “Unwilling Host” position regarding the proposed Energy-From-Waste facility, be received with thanks. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report May 4, 2009. Resolution #C-288-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 4, 2009, be approved, with the exception of Items #13 and #14. “CARRIED” Item #13 Resolution #C-290-09 Moved by Councillor Robinson, seconded by Councillor Hooper WHEREAS there is no need to have a Member of Council sit on the Clarington Sports Hall of Fame Selection Committee, THEREFORE BE IT RESOLVED: THAT the Clarington Sports Hall of Fame Selection Committee remain as a Committee independent of a Committee of Council; and THAT the process and procedures regarding the selection criteria for inductees to the Clarington Sports Hall of Fame remain status quo. “CARRIED” Council Meeting Minutes - 26 - May 11, 2009 Item #14 Resolution #C-291-09 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS requests for use of Municipality of Clarington recreation facilities at no cost are referred to the Community Grant Program for eligibility and funding where appropriate; AND WHEREAS under the current criteria the Bowmanville Rotary Club would be considered ineligible for a Community Grant; st AND WHEREAS the Bowmanville Rotary Club operated the 1 Clarington Rotary th Ribfest event in June 2008 as part of the Bowmanville 150 Anniversary Celebration at a deficit of $28,758; NOW THEREFORE BE IT RESOLVED: THAT CSD-007-09 be lifted from the table; THAT Addendum to Report CSD-007-09 be received; THAT the facilities and services as requested, and as listed in Section 2.3 of Report CSD-007-09, be approved with the total cost of services being $7,070.00; THAT Council require the Bowmanville Rotary Club to provide, for the duration of the event, general liability insurance in an amount of not less than five million dollars (5,000,000) per occurrence; THAT an original Certificate of Insurance shall be submitted to the Municipality of Clarington and shall name the Municipality of Clarington as an Additional Insured; THAT the request of the Bowmanville Rotary Club for use of the east and west ball diamonds at the Rickard Recreation Complex June 12 to 15, 2009, be provided at no cost; THAT this be considered a “one time” exception and the normal practice of referring such requests to the Community Grant Program continue; and THAT the Bowmanville Rotary Club be advised of Council’s decision. “CARRIED” Council Meeting Minutes - 27 - May 11, 2009 STAFF REPORT(S) Report PSD-045-09 – Amendment to Agreement for Acquisition of 71 Old Kingston Road, Valley Land and 0.5 Ha Parkette Resolution #C-292-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the Rules of Procedure be suspended and that Report PSD-045-09 - Amendment to Agreement for Acquisition of 71 Old Kingston Road, Valley Land and 0.5 Ha Parkette be added to the Agenda. “CARRIED” Resolution #C-293-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-045-09 be referred to a closed session of Council following the Unfinished Business Section of the Agenda. “CARRIED” Addendum to Report CAO-002-09 – Status of Energy-From-Waste Host Community Agreement Negotiation Resolution #C-294-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Addendum to Report CAO-002-09 be received; THAT Council approve the Host Community Agreement negotiated by the Clarington and the Region CAO’s as identified in Report CAO-002-09 and in the Addendum to Report CAO-002-09; THAT Council urge Regional Council to endorse same and direct Regional staff to finalize the Host Community Agreement; THAT the Mayor and Clerk be authorized to execute the Host Community Agreement subject to its final review by the Clarington Solicitor. “MOTION TABLED” (See following motion) Council Meeting Minutes - 28 - May 11, 2009 Resolution #C-295-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the foregoing Resolution #C-294-09 be tabled to a special meeting of Council to be held on Friday, May 15, 2009, at 9:00 a.m. in the Council Chambers. “CARRIED LATER IN THE MEETING” (See following motion) Resolution #C-296-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 9:27 p.m. The foregoing Resolution #C-295-09 was then put to a vote and CARRIED. BUSINESS ARISING FROM NOTICE OF MOTION Mayor Abernethy advised he would not be proceeding with the Notice of Motion to rescind Resolution #C-032-08 at this time. UNFINISHED BUSINESS Resolution #C-297-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the delegations of Linda Gasser, Barry Bracken and Wendy Bracken be received with thanks. “CARRIED” Council Meeting Minutes - 29 - May 11, 2009 Resolution #C-298-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-045-09 be received; THAT the Mayor and Clerk be authorized to enter into an amending Agreement for the acquisition of 71 Old Kingston Road, the valley lands associated with a portion of the Farewell Creek, south of Highway 2 and a 0.5 ha parkette in Courtice; and THAT the By-law contained in Attachment 3 to Report PSD-045-09 be approved authorizing the Mayor and Clerk to execute the Amending Agreement. “CARRIED” BY-LAWS Resolution #C-299-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2009-055 to 2009-059 inclusive; 2009-055 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Teri Bell/Thornlea Holsteins Ltd.) 2009-056 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd., Whitby, Ontario, to enter into agreement for the Nash Road Reconstruction, Courtice, Ontario 2009-057 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Robert Chung) 2009-058 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Tim Smith) 2009-059 Being a By-law to authorize an amending agreement to facilitate acquisition of 71 Old Kingston Road, valley lands associated with a portion of the Farewell Creek, south of Highway 2 and a 0.5 ha parkette in Courtice as detailed in PSD-045-09 and PSD-024-09; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” - 30 - May 11, 2009 Council Meeting Minutes NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION The Director of Engineering Services provided an update regarding the construction timeline with respect to the Mill Street underpass and advised he will be preparing an information report to Council on the matter in the near future. Councillor Novak issued a reminder regarding the Public Information Session scheduled for May 13, 2009, at the Garnet B. Rickard Recreation Complex from 4:00 p.m. until 6:00 p.m. and from 7:00 p.m. until 9:00 p.m. on the Energy-From- Waste facility. CONFIRMING BY-LAW Resolution #C-300-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2009-060, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 11th day of May, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-301-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 9:35 p.m. "CARRIED" ~I Y PUTY CL