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HomeMy WebLinkAbout06/01/2009 Council Meeting Minutes JUNE 1, 2009 Minutes of a regular meeting of Council held on June 1,2009, at 7:05 p.m., in the Council Chambers. Councillor Robinson led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Acting Chief Administrative Officer/Director of Corporate Services and Human Resources, M. Marano Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communications and Tourism, J. Cooke, attended until 7:44 p.m. Director of Planning Services, D. Crome Director of FinancelTreasurer, N. Taylor 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 Novak indicated that she would be stating a pecuniary interest with respect to Item 8 of Report #1. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Correspondence Item D - 23. Later in the meeting, Councillor Robinson and Councillor Trim stated pecuniary interests with respect to the advertisement placed in the local media by Don Prout, brought forward under the Other Information Section of the Agenda. Council Meeting Minutes - 2 - June 1, 2009 ANNOUNCEMENTS Mayor Abernethy expressed concern with the contents of an advertisement that appeared in the local media which he feels borders on libel against individual Members of Council. Mayor Abernethy issued a reminder that decisions made by Council are made collectively and that he intends to request that the advertisement be referred to the Municipal Solicitor under the Other Information Section of the Agenda. Councillor Hooper expressed appreciation to Council, staff and residents of Clarington for the outpouring of sympathy and support extended to his family for the recent loss of his father, Arthur Hooper. Councillor Hooper also announced the following: . He attended the Durham Region Employment Network 2009 EmployABILITY Awards Gala on May 25,2009. Bowmanville GoodLife Fitness was honoured with an Accessibility Award for removing barriers within their facility and taking measures to provide exceptional service to members with disabilities, and Terri Gray was presented with an Innovation Award for "Dewey's Cafe" located in the Bowmanville Public Library, an innovative program that offers individuals with intellectual disabilities an opportunity to gain employment skills. Councillor Woo announced the following: . On Saturday, May 30,2009, he participated in the Bowmanville Canadian Tire Jumpstart Day, a community-based charitable program that helps kids in financial need participate in organized sport and recreation. Darlington Fusion Girls Under 12 Soccer Team is hoping to go to the Gothia Cup in Sweden in 2010. Councillor Woo helped raise funds by volunteering in the dunk tank. . On Saturday, May 30, 2009, he also attended the 10th Annual Fruit and Wine Festival at Archibald Orchard Estate Winery, benefiting the Big Brothers and Big Sisters of Clarington. The event was very well attended and Councillor Woo extended congratulations to owners Sandy and Fred Archibald. Councillor Foster announced the following: . On Sunday, May 31,2009, the 3rd Annual Purina Walk for Guide Dogs, sponsored by the Courtice Lions Club, was held in Courtice. . On Saturday, May 30,2009, he helped plant seedlings at Long Sault Conservation Area as part of CLOCA's initiative to improve the trail network. Mayor Abernethy announced the following: . On June 6, 2009, Big Brothers and Big Sisters of Clarington will hold a fishing derby. Mayor Abernethy encouraged anyone who is interested in volunteering with the Organization to attend the event and socialize with the Big and Little Brothers and Sisters. Council Meeting Minutes - 3 - June 1, 2009 . Sales of Lakeridge Health Bowmanville memberships have been very successful. Councillor Woo confirmed that Clarington residents have purchased 1409 memberships, resulting in Clarington residents controlling 33% of Lakeridge Health Organization memberships. He advised of the importance of attending the annual general meeting, noting each member has a vote and indicated that the $10 membership fees collected, totalling over $14,000, are returned to our local hospital. MINUTES Resolution #C-311-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on May 11,2009, and the minutes of a special meeting of Council held on May 15, 2009, be approved. "CARRIED" PRESENTATIONS Scott Lewis, Communications Manager, and Lois Jeffery, Canada Post Corporation, addressed Council concerning Correspondence Item I - 4 - Safety Assessment of Rural Mail Delivery Routes. Mr. Lewis stated Canada Post is in the process of assessing all rural mailboxes in Canada, on a priority basis, as directed by the Federal government in 2006, in response to workplace safety complaints. He noted Canada Post has engaged the services of traffic safety consultants and legal experts to develop a Traffic Safety Assessment Tool (TSAT) to determine the safety of each rural mailbox. The TSAT is used to apply a number of factors including legal restrictions and traffic criteria. Mr. Lewis noted customers have been informed of the review throughout the process via postcards, letters and face-to-face meetings prior to an assessment. He noted if a mailbox does not meet the safety criteria, Canada Post makes every effort to personally meet with customers to discuss options such as moving the mailbox to a safer location, the possibility of clustering with a nearby neighbour's box, or taking advantage of a free post office box or centralized community mailbox. Mr. Lewis noted hardship cases are reviewed on a case-by-case basis. Mr. Lewis confirmed that changes to rural mail delivery are not being made as a cost-cutting measure and that Canada Post's goal is to maintain delivery to as many rural mailboxes as possible. He also confirmed that Canada Post has no intention of reducing service to rural customers, and will only modify delivery modes as a last resort. Council Meeting Minutes - 4 - June 1, 2009 Mayor Abernethy presented Certificates of Achievement and extended congratulations to members of the Clarington Flames AA Girls Hockey Team, ten and eleven year old girls, winners of the Ontario Women's Provincial Championship, and to their families, coaches, managers and trainers. The following girls were in attendance to receive their awards: Brooklyn Bastarache, Julianne Cochrane, Olivia DiVona, Rachel Gibson, MacKenzie Haley, Alexandra Maw, Courtney McGee, Rachel McQuigge, Leah Michel, Sarah Osborne, Megan Pardy, Charlea Pedersen, Emma Pye, Brooklyn Sarnovsky, Allison Small and Alexandra Woods. Julianne Tougas was not in attendance this evening. Mayor Abernethy also presented Certificates to Jeff Haley, Head Coach, Noel Pardy, Assistant Coach, Dave Osborne, Assistant Coach, Dave Cochrane, Manager, Tammey Pedersen, Trainer, and Krista Small, Assistant Trainer. Richard Walli, Chair, Energy-From-Waste Site Liaison Committee, provided an update to Council on the EFW Site Liaison Committee Meetings of May 6,2009 and May 20, 2009. Mr. Walli indicated that on May 6th the Committee adopted two motions requesting that another open meeting be held in West Durham and that the review period for comment be extended from a thirty-day timeframe to a ninety-day timeframe. On May 20,2009, the Committee received the following reports for information: Draft Economic Assessment, Technical Study Report, Draft Acoustic Assessment, Technical Study Report, Draft Facility Energy and Life Cycle Assessment, Draft Social/Cultural Assessment, Technical Study Report, Draft Surface Water and Groundwater Assessment, Technical Study Report, Draft Traffic Assessment, Technical Study Report, and Draft Visual Assessment, Technical Study Report. The Committee also adopted a motion to suggest that the Joint Waste Management Group allow adequate time for peer review and submission to the Ministry of the Environment for the Site Specific Human Health and Ecological Risk Assessment and Air Quality Assessment. Mr. Walli commented that members of the public in attendance seldom ask questions regarding the reports presented but raise questions regarding procedures and timing of reports and scheduled meetings and noted it appears to be the same people attending the meetings. He advised of an incident at the last meeting whereby his qualifications to answer technical questions were challenged. Mr. Walli confirmed and highlighted his qualifications. Councillor Novak thanked Mr. Walli for his volunteer service and apologized to him for the public rudeness. In response to a question, Mr. Walli confirmed the intention is to build a 140,000 ton per year facility and that to extend it to a 250,000 - 400,000 ton facility would require a separate Environmental Assessment. He also advised that if and when the permits are issued, regulations on emission limits would have to meet the more restrictive limits coming forward from the Province. Council Meeting Minutes - 5 - June 1, 2009 DELEGATIONS Linda Gasser addressed Council regarding the Presentation of Richard Walli, Chair, Energy-From-Waste Site Liaison Committee (SLC). Ms. Gasser stated the Site Liaison Committee was struck very late in the process and she feels that few Committee members appear to be fully engaged in the Environmental Assessment study or have an understanding of the EA process or Durham's timelines and that the Committee appears to have received little in the way of guidance from staff. She advised the only benefit she has found in attending SLC meetings is the opportunity to ask limited questions directly to the consultants. Ms. Gasser expressed concern that very few recommendations were presented to the Joint Waste Management Group (JWMG) before limiting decisions were made and that the SLC was requested to schedule a meeting in advance of the June 16th Committee of the Whole meeting, but to her knowledge, this meeting has not be set. On May 20th the SLC recommended to the JWMG that the process be slowed down so that stakeholders could conduct their due diligence. The JWMG subsequently received this recommendation for information. Ms. Gasser urged Clarington Council to formally request that the Region of Durham review and revise the Environmental Assessment timelines to allow time for the Municipality to conduct its due diligence with due care. Ms. Gasser stated the release of complex, detailed documents, most on Friday, June 1 ih in advance of the June 16th meeting will not provide sufficient time for staff to review and brief Regional Councillors on the issue. Ms. Gasser highlighted the timing of peer review comments on various studies and stated the compressed timelines will hinder staff from providing comments to Council through a staff report so that the public and Council can review and comment prior to the formal submission to the Project Team. Ms. Gasser requested that Council direct staff to make all peer review comments available to the public as they are released to the Project Team, so that Council and the public can benefit from the analysis conducted by professional reviewers in advance of June 16th. In response to a question, Ms. Gasser stated a special council meeting to discuss the Peer Review comments would be helpful, if it could be set prior to June 16th. COMMUNICATIONS Correspondence Item I - 27 was received as a handout. Resolution #C-312-09 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information, including Handout Item I - 27 be approved, with the exception of Items I - 5, I - 15, 1- 17, 1 - 20, 1 - 21, and I - 25. "CARRIED" Council Meeting Minutes - 6 - June 1, 2009 I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 12, 2009. I - 2 Minutes of the Clarington Heritage Committee dated April 21, 2009. I - 3 Minutes of the Clarington Traffic Management Advisory Committee dated April 16, 2009. I - 4 Scott Lewis, Communications Manager, Canada Post Corporation, advising as part of Canada Post's ongoing commitment to ensure the safety of employees, customers and the general public, Canada Post representatives will be conducting traffic safety assessments on rural mail delivery routes in Bowmanville; indicating that customers on these delivery routes will be informed prior to the assessment and will be notified of the results; and, acknowledging that it is Canada Post's intention to maintain delivery to these rural mailboxes whenever possible and will only modify customer delivery modes as a last resort. I - 6 Correspondence has been received from the following individuals/groups objecting to the proposed "Energy-From-Waste" facility due to health risks, increased pollution, lack of adequate monitoring and safety precautions; expressing concern with Council's decision to declare Clarington a "Willing Host" community to the proposed incinerator; requesting Council to think of the health of future generations; and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) The Scott Family b) John Oates c) Pat Irwin Lycett d) Jeannie Carter e) Joe and Nancy Dalrymple f) Steve Kay g) Jo-anna Shaw h) Freya Hart Council Meeting Minutes - 7 - June 1, 2009 1-7 The Honourable John Baird, P.C., M.P., Canada's Minister of Transport, Infrastructure and Communities, and The Honourable George Smitherman, M.P.P., Ontario's Deputy Premier and Minister of Energy and Infrastructure, advising that over 2700 project applications have been received from 425 separate municipalities for funding under the national $4-billion Infrastructure Stimulus Fund; advising that successful proponents will be notified as soon as possible; and, indicating that in addition to the new Stimulus Fund, the governments are also assessing applications received through the second intake of the Communities Component of Building Canada for projects that can be started and completed by March 31, 2011, with results of the second intake being announced soon. Both the Federal and Provincial governments are committed to making significant investments to help communities weather the economic storm, create jobs and inject money into the economy. 1-8 Roger Hanmer, MBA, P.Eng., Regional Director, Ministry of Transportation, responding to Council's request for clarification regarding construction scope and timing for the 407 East Extension; indicating the Ministry is currently in the final phase of the 407 East Environmental Assessment (EA) process and is planning to submit the EA documentation to the Federal and Provincial agencies in July, 2009; advising as part of the Federal/Provincial transit announcement of March 6, 2007, the 407 East project was identified for completion by 2013, subject to environmental approvals and permits and acquisition of necessary properties; and, advising that the Ministry is pursuing all available opportunities to aggressively accelerate the overall schedule for completing construction without compromising the Provincial and Federal EA Acts and approved Terms of Reference for the study, and has commenced planning for the implementation phase of the project, subject to necessary environmental approvals. I - 9 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham, forwarding a CD containing Site Specific Reports which will form part of the Environmental Assessment for the proposed Energy-From-Waste facility: Acoustic Assessment; Traffic Assessment; Visual Assessment; Economic Assessment; Social Assessment; Surface Water and Groundwater Assessment; and Energy Assessment; indicating the Site Specific Human Health and Ecological Risk Assessment (SSHHERA) will be available for public release on May 15, 2009; and, outlining the established schedule for release of Environmental Assessment documentation as follows: May 25 - Draft Environmental Assessment, June 12 - Final Draft Environmental Assessment; and June 19 - Final Environmental Assessment. Council Meeting Minutes - 8 - June 1, 2009 I - 10 Association of Municipalities of Ontario (AMO) Member Communication dated May 12, 2009, advising that the Province has allocated $18 million for 2010-2011 to support Ontario's municipalities and families as a temporary measure to address the termination of $63.5 million federal funding provided to provinces under the Early Learning and Child Care Agreements; indicating that the Province's decision to bridge the funding gap in 2010 will help Ontario's municipalities and commercial and residential property tax payers fill the funding gap; and, confirming that AMO will continue to convince the Federal government to fulfill its commitment and to continue to invest in the nation's future and prosperity and that AMO will be working with the Ontario Municipal Social Services Association to determine the full impact of the loss of funding in communities across Ontario. I - 11 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham, forwarding a CD containing the Site Specific Human Health and Ecological Risk Assessment (SSHHERA) and the Air Quality Assessment, indicating the CD does not include Appendix H to the SSHHERA and will be included on the Project Study website and that a separate CD containing appendix H will be distributed next week; and, advising of the following schedule for the release of the Environmental Assessment documentation: Tuesday, May 26 - Draft Environmental Assessment; Friday, June 12 - Draft Final Environmental Assessment and Friday, June 19 - Final Environmental Assessment. I - 12 Susan DaCosta, Secretary, Orono Town Hall Board of Management, expressing appreciation to Council for funding received in the amount of $3,250 under the Municipal Grant Program and thanking Mayor Abernethy for the donation of Clarington Items for the ih Annual Spaghetti Dinner/Silent Auction which raised approximately $8,000 for operations and improvements to the Orono Town Hall. I - 13 Margot Beverley, Stewardship Ontario, extending an invitation to the Spring 2009 Ontario Recycler Workshop (ORW) to be held on June 11, 2009, in Kingston, hosted by the Continuous Improvement Fund (CIF). The workshop will feature recycling program updates province-wide and will provide essential information for municipal recycling and solid waste staff, municipal Councillors with interest in recycling and solid waste issues, consultants and other Blue Box program stakeholders. Further information is available at www.wdo.ca/cif. Council Meeting Minutes - 9 - June 1, 2009 I - 14 Ken Nash, President, Nuclear Waste Management Organization, forwarding a copy of the Nuclear Waste Management Organization's (NWMO) Annual Report for 2008, Moving Forward Together and inviting comments on the Annual Report. I - 16 Association of Municipalities of Ontario (AMO) Member Communication dated May 13, 2009, advising that AMO and the Union of Municipalities of Quebec (UMQ) signed a Memorandum of Cooperation to promote cooperation and to strengthen the influence of the combined Ontario and Quebec municipal sectors identifying key areas for collaboration, including relations with aboriginal communities, research related to tax policy and municipal services, and environmental policy including climate change and waste management. AMO and UMQ have agreed that their first joint priority is to promote a unified waste management policy framework for Ontario and Quebec. I - 18 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on May 13, 2009, Regional Council adopted the following resolution pertaining to the Healthy Great Lakes, Strong Ontario Discussion Paper: "a) THAT Joint Report #2009-J-23 be received for information and forwarded to Durham area municipalities for information; b) THAT Standing Committee Correspondence #SC-2009-40 and #SC-2009-42 be received for information; and c) THAT Council correspondence #2008-275 be received for information." I - 19 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on May 13, 2009, Regional Council adopted the following resolution pertaining to the Durham Environmental Advisory Committee (DEAC) Membership Appointment: "a) THAT Ms. Hida Manns, representing the Municipality of Clarington, be appointed as a member of the Durham Environmental Advisory Committee (DEAC); and b) THAT a copy of Report #2009-P-33 of the Commissioner of Planning be forwarded to the Municipality of Clarington and DEAC." Council Meeting Minutes - 10- June 1, 2009 1-22 Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation, responding to Clarington's comments regarding the Highway 407 East EA as contained in correspondence from the municipality dated April 7,2009, and Report PSD-033-09. I - 23 Gioseph Anello, Manager of Waste Planning and Technical Services, Region of Durham, forwarding a CD containing the Draft Environmental (EA) Report for the proposed Energy-From-Waste Facility. The final draft Environmental Assessment is scheduled to be released on June 12, 2009. I - 24 P. Madill, Regional Clerk, Region of Durham, writing to the Honourable George Smitherman, Minister of Energy & Infrastructure, advising that on May 13, 2009, Regional Council adopted the following resolution pertaining to Bill 150 The Green Enerqy and Green Economy Act. 2009: "a) THAT Council endorse the comments and recommendations outlined in Joint Report #2009-J-21 which summarizes the Regional staff response to the Environmental Bill of Rights (EBR) posting of Bill 150 (EBR#01 0-6017) and subsequent submission on Bill 150 to the Standing Committee on General Government including: i) the definition of a renewable energy project and the approval process should ensure that a proposed renewable project is sustainable and "green" compared to alternatives; ii) baseline studies and ongoing environmental surveillance should be adopted as a best practice where new technologies are being used; iii) the right of connection for renewable energy projects to the distribution network should be matched by upgrades to that network to support the addition of the new facilities; iv) municipal conservation plan requirements should be phased-in over three to five years, with an initial focus on areas of greatest potential savings; v) provincial investments in skills and training, such as the programs as UOIT and Durham College, are essential to support the green energy sector; Council Meeting Minutes - 11 - June 1, 2009 vi) the Province should take leadership in disseminating peer- reviewed energy management best practices and technologies and in providing planning templates to avoid duplication of effort by municipalities; vii) the Province should provide financial incentives and funding to support municipal energy conservation efforts, such as energy retrofits of social housing stock; viii) new energy efficiency standards for products and appliances should address the full energy footprint of the device over its lifecycle including end-of-use disposal or reuse; ix) the Province should consult municipalities for advice on the design of the streamlined renewable energy project approval process to ensure that municipal interests and land use planning considerations are incorporated into the new process; x) the streamlined approval process should require proponents to consult directly with municipalities early in the process; xi) the status and subsequent process for green energy projects already seeking approvals through the existing process should be clarified; xii) that conversion of Class 1, 2 and 3 agricultural lands to green energy uses as the major land use be discouraged; and xiii) that incentives and funding mechanisms be implemented to assist homeowners and landlords to invest in energy retrofits, energy conservation measures and energy generation installations, and a guaranteed obligation to purchase energy generated; b) THAT Joint Report #2009-J-21 be forwarded to the Ministers of Energy and Infrastructure, the Environment, Health and Long- Term Care, Municipal Affairs and Housing, Durham MPPs, Durham area municipalities, and the Association of Municipalities of Ontario; and c) THAT a copy of Joint Report#2009-J-2 (Durham Region Environmental Achievements Update) also be forwarded to the recipients noted in part b) for their information." Council Meeting Minutes - 12 - June 1, 2009 I - 26 Cheryl Tennisco, Committee Clerk, Regional Municipality of Durham, writing to the Honourable Jim Bradley, Minister of Transportation, advising that on April 29 and May 13, 2009, the Durham Region Transit Executive Committee adopted the following resolutions pertaining to representation on the Metrolinx Board: "a) THAT the Durham Region Transit Executive Committee requests that the membership of the new Metrolinx Board includes representatives from all geographical areas within the Greater Toronto and Hamilton Area (GTHA), including Durham Region; and b) THAT a copy of this resolution be forwarded to the Minister of Transportation, Durham Region MPPs, Metrolinx, and the Cities of Toronto and Hamilton, the Regions of Halton, Peel and York, and the eight Durham area municipalities." I - 27 Tanya Laverty, Works Communications Officer, Region of Durham, announcing the release of the first draft of the full DurhamlYork Residual Waste Study Environmental Assessment on May 26, 2009, outlining the steps completed throughout the DurhamlYork Residual Waste Study and advising that comments on the draft documentation may be submitted to the project team at info@durhamyorkwaste.ca during the pre-submission period ending June 5, 2009. The general public will also have an opportunity to comment during the Ministry of the Environment's regulated review period which follows the formal submission of the EA documentation. The formal submission is subject to approval by both Durham and York Regional Councils. A copy of the Draft Environmental Assessment (EA) Document dated May 25, 2009 and CD were provided to the Municipal Clerk's Department. I - 5 Association of Municipalities of Ontario (AMO) Member Communication dated May 5, 2009, advising that AMO has established a task force to foster local economic development opportunities in light of significant challenges facing Ontario's communities, workers and families, especially those communities with automotive, manufacturing and resource industries. The task force is designed to encourage collaboration and information-sharing with other orders of government and stakeholders at a provincial level and is comprised of a mix of four key groups - elected and non-elected municipal officials; the federal and provincial governments; staff devoted to economic development; and, business associations. Further information regarding the task force can be obtained by contacting Matthew Wilson, AMO Senior Policy Advisor at mwilson@amo.on.ca. Council Meeting Minutes - 13 - June 1, 2009 Resolution #C-313-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item I - 5 from the Association of Municipalities of Ontario (AMO), with respect to the establishment of an Economic Development Task Force, be received for information. "CARRIED" I - 15 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization (NWMO), forwarding the complete public package "Proposed Process for Selecting a Site", outlining NWMO's proposed process to identify a safe and secure site in an informed and willing community to host Canada's long-term management facilities for used nuclear fuel; inviting comments on whether the proposed process is appropriate; and, advising that comments will be used to refine and confirm an open, transparent, fair and inclusive process. Resolution #C-314-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT representatives from the Nuclear Waste Management Organization (NWMO) be invited to make a presentation to Council on the proposed process for selecting a site to host Canada's long-term management facilities for used nuclear fuel. "CARRIED" I - 17 Association of Municipalities of Ontario (AMO) Member Communication dated May 13, 2009, advising the Ministry of Energy and Infrastructure is proposing a regulation under the proposed Green Enerqy Act. 2009 that would designate the use of renewable energy installations including roof or wall mounted solar photo voltaic, roof or wall mounted solar thermal water/air, and ground source heat pump; identifying local legal barriers that exist in municipal by-laws, condominium by-laws, encumbrances on real property or agreements that would be permitted to continue to operate with respect to renewable energy installations in recognition of cultural, health, safety and environmental by-laws that should be protected; and, advising comments on the proposed regulation are to be submitted to Alan Kirschbaum, Senior Policy Advisor, Ministry of Energy and Infrastructure. Council Meeting Minutes - 14 - June 1, 2009 Resolution #C-315-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 17 from the Association of Municipalities of Ontario (AMO), with respect to the Green Enerqy Act regulation, be received for information. "CARRIED" I - 20 Association of Municipalities of Ontario (AMO) Member Communication dated May 15, 2009, advising of the Federal Government's establishment of the $348.9 million Community Adjustment Fund as an economic diversification program to support communities affected by the global economic downturn. Applications are being accepted until June 12, 2009, from communities with populations under 250,000 and may include not-for-profit organizations, post-secondary institutions, co-operatives, first nations, municipal governments and municipally-created organizations for projects that will provide a legacy of longer-term ecological and/or economic benefit. Additional information is available at www.ic.qc.ca/caf Resolution #C-316-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item I - 20 from the Association of Municipalities of Ontario (AMO), with respect to the Community Adjustment Fund for Ontario, be referred to staff to identify other organizations that could potentially qualify for government funding. "CARRIED" Council Meeting Minutes - 15 - June 1, 2009 1-21 Association of Municipalities of Ontario (AMO) Member Communication dated May 15, 2009, advising that AMO will be raising concerns to the Minister of Community and Social Services in its response to the draft proposed Employment Standard on the ability of municipalities to meet the obligation of the Employment and other AODA standards; acknowledging that AMO supports the principle of the Employment Standard but that the Association remains concerned with the government's piecemeal approach to the standard development process which makes it extraordinarily difficult to analyze the full impact of implementing the Act; advising that AMO will be providing comment and recommendations on the lack of harmonization across standards, the impact of implementing the proposed Employment Standard and classes of obligated sector and compliance with the Employment Standard; and, advising that AMO will continue to work with the government and municipalities to ensure the implementation of the AODA is fiscally responsible and manageable and to ensure the intent and objectives of the Act are achieved by 2025. Resolution #C-317 -09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item 1-21 from the Association of Municipalities of Ontario (AMO), with respect to OADA standards, be referred to the Clarington Accessibility Advisory Committee. "CARRIED" 1-25 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. Bruce Passmore, Director, Outreach, Humane Society International Canada, advising that on May 13, 2009, Regional Council adopted the following resolution pertaining to the DAAC resolution on Battery Caged Egg Production: "a) THAT the following resolution of the Durham Agricultural Advisory Committee on battery cage egg production be approved: 'WHEREAS Ontario egg farmers currently provide our community with fresh locally produced Grade A eggs which travel from farm to table in 4 to 7 days; AND WHEREAS Ontario egg farmers take pride in caring for their hens while offering consumers a variety of egg choice; Council Meeting Minutes - 16 - June 1, 2009 THEREFORE BE IT RESOLVED THAT any resolution with respect to the opposition of battery cage egg production is not supported, and Durham municipalities are cautioned in supporting or promoting specific products without adequate background and research on the matter; and BE IT FURTHER RESOLVED THAT the current procurement practice of eggs produced by Ontario egg farmers, be identified as an acceptable, locally sustainable procurement practice; and BE IF FURTHER RESOLVED that the purchase of all Ontario eggs contributes to the creation of a sustainable environment in which consumers and farmers benefit; and BE IF FURTHER RESOLVED THAT a copy of this resolution be forwarded to the local area municipalities, the Egg Farmers of Ontario, the Association of Municipalities of Ontario and the Humane Society International'; and b) THAT a copy of Report #2009-P-34 of the Commissioner of Planning be forwarded to DAAC, the Durham Federation of Agriculture, the GT A Agricultural Action Committee, and the area municipalities." Resolution #C-318-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item I - 25 from the Region of Durham, with respect to the Durham Agricultural Advisory Committee resolution on battery caged egg production, be referred to the Clarington Agricultural Advisory Committee. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 24, D - 25 and D - 26 were received as handouts. Resolution #C-319-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 10 be approved as per the agenda, with the exception of Items D - 3 and D - 9. "CARRIED" Council Meeting Minutes - 17 - June 1, 2009 D - 1 Rolf A. Piro forwarding correspondence in opposition to the proposed demolition of Camp 30; forwarding suggestions on future uses; requesting Council to do all that is necessary to preserve the nation's historical heritage sites for future generations and as a tribute to Canada's essential part of the war effort; and requesting the municipality to appoint a spokesperson to keep the public involved as the project moves forward. (Correspondence referred to the Director of Planning Services) D - 2 The Honourable Michael Chan, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at www.ontario.ca/honoursandawards or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 2009. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 4 Paul Siemon, Hands In Motion, Massage Therapy and Sports Injury Clinic, requesting permission to stage the 2009 Terry Fox Run on Sunday, September 13, 2009; advising the five and ten kilometer routes, and insurance and police coverage will not differ from 2008; and that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street East until Lambs Road and from there until Highway #2. An application for road occupancy for special events will be submitted in June. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 5 Mark Cousins, Ontario Family Fishing Weekend Steering Committee, Ontario Federation of Anglers and Hunters, requesting July 10 to July 12, 2009 be proclaimed "Ontario Family Fishing Weekend" in conjunction with National Fishing Week. This special license-free fishing weekend includes fish festivals, clinics, or conservation and educational activities and the Steering Committee is requesting the municipality's assistance in publicizing the event. (Proclaimed) Council Meeting Minutes - 18 - June 1, 2009 D - 6 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association, advising that the Directors of the Association have reviewed the plans for the reconstruction of Mill Street and feel that instead of doing a patchwork job, all existing sidewalks be replaced at this time. D-7 D-8 D - 10 (Correspondence referred to the Director of Engineering Services) Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of Courtice, requesting the closure of Stevens Road from Clarington Boulevard to Regional Road 57 from 5:00 p.m. until 10:15 p.m. on Wednesday, July 1,2009, for the Canada Day in Clarington event. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Association of Municipalities of Ontario (AMO) Member Communication dated May 11, 2009, advising of the introduction of Bill 175, The Ontario Labour Mobility Act. 2009, which, if passed, will create a Labour Mobility Code intended to remove or minimize inter- provincial barriers to occupational practice for individuals and which regulatory authorities that grant certificates/licenses to individuals to carryon an occupation must comply with. The Ministry of Training, Colleges and Universities (MTCU) is requesting municipalities to respond to the question of whether the municipality requires individuals to demonstrate through completion of courses, passing an examination, practical experience or other such means that they have the skills, knowledge or experience to work in an occupation and/or use a particular title in order to be granted a municipal licence. (Correspondence referred to the Director of Corporate Services and Human Resources) The Honourable Tony Clement, Minister of Industry, announcing that hockey rinks, swimming pools, multi-purpose facilities and other community sites with a recreational emphasis are eligible for financial support for renovations and upgrades under the Recreational Infrastructure Canada Program in Ontario (RINC Ontario); inviting municipalities, counties, First Nations governments and community organizations with eligible projects that can be completed before March 31, 2011 to submit applications; and, advising the application form, program criteria and deadlines are available online at www.rinc-on.ca. (Correspondence referred to the Director of Community Services) Council Meeting Minutes - 19 - June 1, 2009 D - 3 Richard Abboud, President and CEO, Forum Equity Partners Inc. and Frank Carnevale, CEO, Bridgepoint Group, advising that Forum Equity Partners Inc., together with the consulting services of the Bridgepoint Group Ltd. provide alternative finance and procurement or public private partnership (P3) solutions to help Canadian municipalities solve their infrastructure needs; indicating Forum Equity Partners Inc. would like the opportunity to demonstrate how they can assist the municipality in leveraging federal and provincial grants for municipal and community infrastructure projects, such as community arenas and recreation facilities in an efficient, cost effective structure; and, advising that they would be happy to meet with staff to provide more information about P3's and how other municipalities have benefitted from such projects. Resolution #C-320-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Richard Abboud, President and CEO, Forum Equity Partners Inc. and Frank Carnevale, CEO, Bridgepoint Group, be invited to make a presentation to Council on Private Public Partnerships (P3) Solutions in the fall, 2009. "CARRIED" D - 9 Association of Municipalities of Ontario (AMO) Member Communication dated May 19, 2009, advising that AMO is calling on all members to participate in the "Count Me In!" Community Energy Conservation Challenge, a three-month campaign launched on May 20, 2009, promoting a variety of energy conservation ideas to increase awareness and participation. Municipalities will compete for two awards - highest percentage drop in consumption on August 14 and highest per capita participation in the "Count Me In!" pledge drive. Winners will be announced at the AMO Annual Conference in Ottawa on August 19, 2009. Resolution #C-321-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 9 from the Association of Municipalities of Ontario (AMO), with respect to the "Count Me In!" Community Energy Conservation Challenge, be referred to the Chief Administrative Officer. "CARRIED" Council Meeting Minutes D - 11 D - 12 - 20- June 1, 2009 Paul Holbrough, Mayor, Town of Ingersoll, advising Council that on April 14, 2009, the Town of Ingersoll passed a resolution requesting the Government of Ontario to act immediately to include Volunteer and Part-time Firefighters with the same Presumption W. S.1. B. coverage afforded to full-time firefighters; and, requesting Council to support the Town's resolution to eliminate this discrimination and provide all firefighters in the Province with the support they deserve. Kerri O'Kane, CMO, Deputy Clerk, Township of Centre Wellington, advising Council that on April 27,2009, the Township of Wellington adopted the following resolution pertaining to Bill 221, Workplace Safety and Insurance Amendment Act 2007 (Presumptions for Firefighters): "WHEREAS the Ontario Provincial Government on May 3,2007 with "all party support" passed Bill 221 the Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters). This legislation was passed in record time (one day) recognizing the urgent need to assist firefighters, who develop job-related cancer or sustain a hearty injury, when they file a claim with the Workplace Safety and Insurance Board (WSIB); AND WHEREAS presented with scientific proven data, the Government of Ontario implemented regulations to immediately cover "full-time" firefighters; AND WHEREAS the Act clearly identifies the intent and allows for the inclusion in the regulations for "Volunteer and Part-time" firefighters; AND WHEREAS the present Provincial Government in the past two years made promises through three Ministers of Labour, the Minister of Community Safety and Correctional Services, Assistant Deputy Ministers and other levels of government, yet has failed to deliver the inclusion regulations for presumptive legislation for volunteer and part-time firefighters; AND WHEREAS in today's fire service of Composite/Part- timeNolunteer Departments and Province wide emergency deployment of Mutual Aid, Full-time, Volunteer and Part-time firefighters work side by side every day. Volunteer and part-time Firefighters are the backbone to the Ontario Fire Service. These brave men and women give their time and service to protect our homes, properties and families and deserve better; Council Meeting Minutes - 21 - June 1, 2009 AND WHEREAS cancer and heart attack do not discriminate between full-time, volunteer and part-time firefighters; AND WHEREAS there is no explanation other than the government is clearly discriminating against volunteer and part-time firefighters; THEREFORE BE IT RESOLVED THAT the Council of the Township of Centre Wellington requests the Provincial Government to amend Bill 221, an Act to Amend the Workplace Safety and Insurance Act. 1997 with respect to firefighters and certain related occupants to "include" volunteer firefighters and part-time firefighters; AND FURTHER THAT the Township of Centre Wellington requests the support of other municipalities within the Province of Ontario; AND FURTHER THAT this and all supporting resolutions be forwarded/copied to Premier Dalton McGuinty, the Minister of Labour, the Honourable P. Fonseca, the Minister of Community Safety and Correctional Services, the Honourable R. Bartolucci, Local MPP Ted Arnott, Ontario Progressive Conservative Party Leader Bob Runciman, Ontario New Democratic Party Leader Andrea Horwath, Ontario Municipalities, the Association of Ontario Municipalities (AMO) the Firefighters Association of Ontario (FFAO) and the Ontario Association of Fire Chiefs (OACF)." D - 13 The Township of Woolwich advising Council that on April 7, 2009, the Council of the Township of Woolwich adopted the following resolution pertaining to an extension to the Workplace Safety and Insurance Amendment Act to include coverage for volunteer and part-time firefighters: "WHEREAS the Ontario Provincial Government of May 3,2007 passed Bill 221 The Workplace Safety and Insurance Amendment Act. This legislation was passed to assist firefighters, who develop job-related cancer or sustain a heart injury, when they file a claim with the Workplace Safety and Insurance Board (WSIB); AND WHEREAS it was presumed at the time that such legislation would also apply to volunteer firefighters who face the same exposures as their full-time (career) peers; AND WHEREAS it appears that the coverage of volunteer and part- time firefighters under this legislation is now uncertain; AND WHEREAS cancer and heart attacks do not discriminate between Full-Time, Volunteer, and Part-Time firefighters; Council Meeting Minutes - 22- June 1, 2009 AND WHEREAS the vital service that the Township of Woolwich's volunteer firefighters provide in protecting the lives and properties of our residents must be recognized as equivalent to full-time firefighters; THEREFORE BE IT RESOLVED THAT the Township ofWoolwich strongly urges that the Provincial Government take immediate action to extend the legislation to include Volunteer and Part-Time Firefighters; AND FURTHER BE IT RESOLVED that the Township ofWoolwich requests the support of all other Municipalities in the Province of Ontario in this resolution; AND FUTHER BE IT RESOLVED THAT this and all supporting resolutions be forwarded to Ontario Premier Dalton McGuinty; the Honourable Peter Fonseca, Minister of Labour; the Honourable Rick Bartolucci, Minister of Community Safety and Correctional Services; Harold Albrecht, MP; and Leeanna Pendergast, MPP." Resolution #C-322-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Correspondence Item D - 11 from the Town of Ingersoll, Correspondence Item D - 12 from Township of Centre Wellington, and Correspondence Item D - 13 from the Township of Woolwich, with respect to Bill 221, Workplace Safety and Insurance Amendment Act 2007 (Presumptions for Firefighters), be received for information. "CARRIED" D - 14 Jennifer Haley, Chair, Homegrown Ontario Steering Committee, advising Homegrown Ontario TM, an alliance of Ontario Pork, the Ontario Veal Association, the Ontario Sheep Marketing Agency, Turkey Farmers of Ontario and the Ontario Independent Meat Processors, is a brand that allows Ontario consumers to support Ontario farmers by purchasing Ontario meat and poultry; acknowledging Town and City Councils who are trying to encourage the purchase of locally-produced food as it contributes to the creation of a sustainable environment; and, requesting Council to consider endorsing the following motion of Homegrown Ontario TM: "WHEREAS the Municipality of Clarington supports practices that contribute to the creation of a sustainable environment; Council Meeting Minutes - 23- June 1, 2009 AND WHEREAS Homegrown Ontario™ is a brand that allows Ontario consumers to support Ontario farmers by purchasing Ontario produced meat and poultry; AND WHEREAS Ontario farmers adhere to the highest quality standards set forth by the Canadian provincial and federal government regulatory boards; THEREFORE BE IT RESOLVED THAT the procurement practice of purchasing meat and poultry products produced by Ontario farmers be identified as the preferred local sustainable procurement practice; BE IT FURTHER RESOLVED THAT the purchase of all Ontario produced meat and poultry sourced locally requires the burning of less fossil fuel than other food trucked or even flown in from hundreds or even thousands of miles away. Resolution #C-323-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from Homegrown Ontario TM, with respect to the procurement practice of purchasing meat and poultry products produced by Ontario farmers, be referred to the Clarington Agricultural Advisory Committee. "CARRIED" D - 15 Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to the Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, advising that on May 11, 2009, the Township of Brock adopted the following resolution pertaining to deadstock removal subsidy: "RESOLVED THAT Council of the Township of Brock request the Provincial Government reinstate the deadstock subsidy on an interim basis until additional options for disposal become available, re: Report 2009-Counci 1-07." Resolution #C-324-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Township of Brock, with respect to deadstock removal subsidy, be referred to the Clarington Agricultural Advisory Committee. "CARRIED" Council Meeting Minutes - 24- June 1, 2009 D - 16 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dwight Duncan, Minister of Finance and Chair of Management Board of Cabinet, advising that on May 13, 2009, Regional Council adopted the following resolution pertaining to 2009 Options for the Mandated Provincial Business Protection Program (" Cappi ng"): "a) THAT for the 2009 mandated Provincial Business Protection Program ("Capping") i) The municipal options made available by the Province and implemented by Regional Council from 2005-2008, for the Multi-Residential, Commercial and Industrial property tax classes, as outlined below, be continued: a. The maximum percentage increase in property taxation due to reassessment be maintained at 10% of the previous year's taxes; b. A minimum annual threshold increase of 5% of total Current Value Assessment (CVA) level property taxation be continued for properties that are provided protection; and c. The 'billing' threshold be maintained such that any property components whose taxation burden under the mandated Provincial Business Protection program is within $250 of its CVA level taxation be required to pay its full CV A property taxation amount and the clawback percentage be adjusted accordingly. ii) For the Multi-Residential, Commercial and Industrial property tax classes, the new option made available by the Province in 2009 allowing municipalities to permanently exclude any property's components from the program if it was at CVA level taxation in 2008 or crosses the CVA level in 2009 due to the reassessment, be implemented. iii) The cost of capping reassessment property tax increases in the Multi-residential, Commercial and Industrial Broad Property Classes pursuant to the program be financed by withholding a portion of the reassessment related decreases owing to other properties within the corresponding broad property tax class (as has been the practice in previous years). Council Meeting Minutes - 25- June 1, 2009 iv) In order for the program to be funded consistently across the Region, the Commissioner of Finance be authorized to set the "Cut-Off/Freeze" date to ensure consistent program application across all local municipalities. v) Staff report back to Regional Council on the final results of the program after the summer recess only if the impacts differ materially from the preliminary analysis provided in this report. b) THAT the Minister of Finance be requested: i) to allow Municipalities the option of permanently excluding Vacant Land properties from the Provincial Business Protection program as these properties receive an increasingly disproportionate protection share funded by active businesses and hinder the winding down of the program, and ii) to amend Provincial legislation to allow for separated property tax billings of the non-residential property classes such that properties permanently excluded from the Provincial Business Protection program can be billed prior to those properties that remain subject to the program. c) THAT the requisite by-law for the 2009 Provincial Business Protection program be prepared by the Regional Solicitor." Resolution #C-325-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Region of Durham, with respect to 2009 Options for the Mandated Provincial Business Protection Program ("Capping"), be endorsed. "CARRIED" Council Meeting Minutes - 26- June 1, 2009 D - 17 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the Honourable Madeleine Meilleur, Minister of Community and Social Services, advising that on May 11, 2009, the Town of Whitby adopted the following resolution pertaining to Initial Proposed Employment Accessibility Standard: "1. THAT the Town of Whitby forward Planning Report, Item PL 49-09 to the Minister of Community and Social Services as comments on the initial proposed Employment Accessibility Standard; as set out under Section 7 - Considerations. 2. THAT Human Resource Services receive a copy of Planning Report, Item PL 49-09 and establish a recommended strategy of policy development, implementation and estimated cost impacts for the consideration of the Planning and Development Committee and Council; and, 3. THAT a copy of Council's resolution together with Planning Report, Item PL 49-09 be circulated to the Accessibility Advisory Committee, Accessibility Working Committee, Region of Durham, Durham Area Municipalities, Association of Municipalities of Ontario and C. Elliot, MPP." Resolution #C-326-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution from the Town of Whitby, with respect to the Initial Proposed Employment Accessibility Standard, be referred to the Clarington Accessibility Advisory Committee. "CARRIED" D - 18 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on May 11, 2009, the Town of Ajax adopted the following resolution pertaining to comments on the Province's "Healthy Great Lakes, Strong Ontario' Discussion Paper: "1. That this report, entitled "Comments on Province's 'Healthy Great Lakes, Strong Ontario' Discussion Paper", dated May 7, 2009, be endorsed and submitted to the Province in response to Policy Proposal 010-6105 on the Environmental Bill of Rights Registry. Council Meeting Minutes - 27- June 1, 2009 2. That the Province be commended for releasing a Discussion Paper on the Great Lakes that warns Ontarians that the ecological conditions in the Lakes are reaching a "tipping point" of ill health, and reminds that our quality of life depends on restoring the quality and quantity of these "at risk" freshwater resources. 3. That the Province provide the Town of Ajax with sufficient funding from the Ministry of Infrastructure and Energy to continue to monitor water quality in the municipal stormwater system to determine priority areas for stormwater retrofit facilities or measures to reduce impacts on the quality of water along the Lake Ontario shoreline. 4. That the Province adopt an Accountability Framework, similar to that recommended in the International Joint Commission's "13th Biennial Report on Great Lakes Water Quality", to ensure effective implementation of Provincial commitments, including those identified in the Canada-Ontario Agreement Respecting the Great Lakes. 5. That the Province strongly encourage the Federal Government, during negotiations on Federal and Bi-national Great Lakes- related Treaties and Agreements, to establish a sustained, reliable source of funding, complemented by scientific research findings, to ensure effective actions are taken to improve Great Lakes water quality. 6. That the Province lead in the development of better, more advanced scientific indicators of the health of the Great Lakes, support research, development and commercialization of new analytical techniques to evaluate water quality, and make them readily available at affordable prices at laboratories across Ontario. 7. That, in light of changing climatic conditions in Southern Ontario, the Province consult with Conservation Ontario about whether current regulatory flood and erosion standards need to be changed to facilitate better protect municipal infrastructure, property and the natural environment. 8. That the Province add stronger, more protective water policy to the Provincial Policy Statement. Council Meeting Minutes - 28- June 1, 2009 9. That the Province increase public education about the Great Lakes and how human activities are affecting these finite water resources, such as through promotion of greater collaboration with other levels of government and agencies, including conservation authorities, supported by sufficient, sustained funding. 10. That the Province, through the Ministry of Education, develop educational materials and programs for curriculums in all elementary and secondary schools to promote students' understanding of the significance of the Great Lakes, including steps that individuals and schools should take to avoid adversely impacting these vital freshwater resources. 11. That the Province encourage Environment Canada to ban phosphate in laundry and dishwater detergents, other cleaning products, and residential lawn fertilizer products. 12. That the Province promote a science-based, lake-wide approach to the regulation of point and non-point sources of phosphorus discharge to Lake Ontario, and consider designating Lake Ontario's nearshore area as an environmentally sensitive area. 13. That the Province incorporate Great Lakes sustainability objectives into growth, infrastructure and economic decision- making by the Ministries of Municipal Affairs and Housing, Infrastructure and Energy, and other Ministries and agencies, to avert contradictory strategic initiatives. 14. That this report be sent to The Honourable Dalton McGuinty, Premier of Ontario, George Smitherman, Deputy Premier and Minister of Infrastructure and Energy, John Gerretsen, Minister of the Environment, Donna Cansfield, Minister of Natural Resources, Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, Kathleen Wynne, Minister of Education, Jim Watson, Minister of Municipal Affairs and Housing, Conservation Ontario, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, the Great Lakes and St. Lawrence Cities Initiative, the Environment Commissioner of Ontario, Great Lakes United, the Regions of Durham and York, and the Municipalities in Durham Region. Council Meeting Minutes - 29- June 1, 2009 Resolution #C-327 -09 Moved by Councillor Trim, seconded by Councillor Woo THAT the resolution from the Town of Ajax, with respect to the Province's "Healthy Great Lakes, Strong Ontario" Discussion Paper, be endorsed. "MOTION LOST" Resolution #C-328-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 18 from the Town of Ajax, with respect to comments on the Province's "Healthy Great Lakes, Strong Ontario" discussion paper, be received and forwarded to the Ganaraska Region Conservation Authority. "CARRIED" D - 19 Douglas G. Martin, Mayor, Town of Fort Erie, writing to the Honourable David Caplan, Minister of Health and Long-Term Care advising that on May 11, 2009, the Town of Fort Erie adopted the following resolution pertaining to the Rural and Northern Health Care Blue Ribbon Panel: "WHEREAS the Health and Long-Term Care Minister recently announced plans to develop a Small Rural and Northern Health Care Blue Ribbon Panel to look at health care and hospital needs, and WHEREAS a call for a moratorium on reducing health care services in rural and small communities to be imposed upon each Local Health Integration Network in the Province of Ontario until such time as a province-wide review process has been conducted was recently endorsed by the Ontario College of Family Physicians, Canadian Association of Emergency Physicians, Rural Section of the Ontario Medical Association and the Society of Rural Physicians, and WHEREAS the Municipal Council of the Town of Fort Erie at its meeting of March 30, 2009 passed a resolution petitioning the Premier and the Minister of Health and Long-Term Care to put a stop to the implementation of the Niagara Health System Hospital Improvement Plan until the Ontario Ombudsman completed their investigation of the Hamilton Niagara Haldimand Brant Local Health Integration Network, and Council Meeting Minutes - 30- June 1, 2009 WHEREAS the Minister's response dated April 23,2009 advised he would not interfere in the local HIP process but the government would support the Ombudsman's Office as needed through the investigation, and WHEREAS it is deemed necessary and expedient for small, rural and northern municipalities to call upon the government to impose a moratorium on any further reductions to health care services in rural and northern communities; NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby petitions The Honourable Dalton McGuinty, Premier of Ontario and The Honourable David Caplan, Minister of Health and Long-Term Care to impose a moratorium upon each Local Health Integration Network to prevent any further reductions in health care services in rural and northern communities in the Province of Ontario until such time as a Province-wide review process has been conducted, resulting in the following action: 1) The urgent establishment of a Think Tank with broad and knowledgeable representation, similar to those involved in the Rural and Northern Health Care Framework, to provide recommendations to the LHINs regarding the role and future of emergency departments and small hospitals; 2) The adoption of the standards that have been developed identifying the services that are required to provide emergency care; 3) The identification of how many emergency departments are needed in each community and in each LHIN; 4) The adoption of standards regarding the level of services that should be available in local hospitals to support the health care needs of the local population; 5) The adoption of standards regarding the level of services that should be available to local communities to provide the non- hospital based services that are required to meet the healthcare needs of the local population; 6) The adoption of standards regarding the regional services that need to be in place to support local delivery systems; 7) The implementation of a system to ensure accessibility to regional services that are deemed necessary to support local delivery systems; Council Meeting Minutes - 31 - June 1, 2009 8) The implementation of standards regarding EMS availability in the event of a closure of an emergency department; 9) The development of a comprehensive educational program to prepare and support physicians and nurses to provide exemplary care in every emergency department/urgent care in the province; and, 10) A review of the research papers developed to date to evaluate the effects of any reduction in services in communities on both the quality of care provided and the overall cost to the healthcare system and further research to fill in identified gaps in knowledge, and further THAT the Minister of Health and Long-term Care be requested to ensure that the composition of the Blue Ribbon Panel include members of the Alliance to Save Ontario's Small, Rural and Northern Hospitals as well as a doctor from Niagara South, and further THAT a copy of this resolution be sent to all Small, Rural and Northern Municipalities in the Province of Ontario for support, and further THAT the Ontario Ombudsman and Auditor General be so notified of this action as well as all other appropriate persons." Resolution #C-329-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the Town of Fort Erie, with respect to the Rural and Northern Health Care Blue Ribbon Panel, be endorsed. "MOTION LOST" Resolution #C-330-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 19 from the Town of Fort Erie, with respect to the Rural and Northern Health Care Blue Ribbon Panel, be received for information. "CARRIED" Council Meeting Minutes - 32- June 1, 2009 D - 20 Jim Souch, President, Kendal Community Centre, requesting an interest-free loan in the amount of $7,000 to be added to the $20,000 contributed by the Kendal Community Centre Board for the new kitchen being installed. If approved, the Board would like to repay the loan over a five-year term commencing in 2010. Resolution #C-331-09 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Kendal Community Centre along with the assistance of the Kendal Lions Club have obtained an Ontario Trillium Foundation grant of $75,000 to construct a kitchen in its facility and have fundraised to pay for the equipment for its new kitchen; AND WHEREAS the Kendal Community Centre wishes to improve the rental revenues of its facility by undertaking the finishing touches of interior painting and overall appearance of its new kitchen; AND WHEREAS the Council is supportive of this initiative to be undertaken under the oversight of the Director of Operations; NOW THEREFORE BE IT RESOLVED that the Kendal Community Centre be provided an interest free loan to a maximum of $7,000 to be repaid over three years in the amounts of $2,400, $2,400 and $2,200, by May 31, 2012 to fund these works to be financed from the General Capital Reserve. "CARRIED" D - 21 The Greater Toronto Area Countryside Mayors Alliance (GTACMA) issuing a Press Release dated May 25, 2009, announcing Mayors Support Free Trade when it's Fair Trade and advising that on May 22,2009, the Greater Toronto Area Countryside Mayors Alliance adopted the following resolution regarding fair trade between Canada and the United States: "WHEREAS the world's economy has entered into a period of slow economic growth; AND WHEREAS Governments throughout the world have introduced various stimulus packages to encourage economic growth; AND WHEREAS the United States of America is Canada's largest trading partner and a signatory of the North American Free Trade Agreement; Council Meeting Minutes - 33- June 1, 2009 AND WHEREAS the Greater Toronto Area Countryside Mayors' Alliance is supportive of Free Trade between Canada and the United States which has existed for many years; AND WHEREAS the Government of the United States of America has introduced infrastructure stimulus packages including the American Recovery and Reinvestment Act (ARRA) which includes "Buy American" provisions for steel and other manufactured products; AND WHEREAS these restrictive provisions which are contrary to the spirit of free trade and will prevent Canadian companies from bidding on contracts which contain the "Buy American" provisions at the municipal and state levels in the United States since NAFT A and The General Procurement Agreement of the world Trade Organization do not nullify such provisions at those levels; AND WHEREAS Canadian stimulus infrastructure programs do not contain any restrictions on manufacturers from other countries including the United States bidding on such contracts in Canada; AND WHEREAS Canadian companies may be adversely affected by these restrictions possibly leading to lay-offs and financial losses and further could lead to the erosion of their overall viability; NOW THEREFORE BE IT RESOLVED THAT the Greater Toronto Area Countryside Mayor's Alliance (GTACMA) is supportive of Free Trade between the United States and Canada and that the restrictive "Buy American" provisions in the American Recovery and Reinvestment Act are contrary to that spirit of free trade; AND FURTHER THAT IT BE RESOLVED THAT the GTACMA supports the Canadian Manufacturers and Exporters in its quest to have the United States Congress reconsider and repeal their current "Buy American" requirements for the United States stimulus packages; AND FURTHER BE IT RESOLVED THAT Canadian municipalities adopt a procurement policy that future Canadian Infrastructure projects at the municipal level, including environmental projects such as water and wastewater treatment projects require that any goods and materials required for the projects be bought only from companies whose countries of origin do not impose local trade restrictions against goods and materials manufactured in Canada to better ensure open, fair and competitive practices across the globe; Council Meeting Minutes - 34- June 1, 2009 AND FURTHER THAT IT BE RESOLVED THAT the GTACMA requests the Town of Halton Hills to present this resolution to the Federation of Canadian Municipalities for their consideration of endorsement, with a request that it be presented at its annual convention June 5 - 8, 2009; AND FURTHER THAT IT BE RESOLVED THAT a copy of this Resolution be forwarded to the Prime Minister, the Premier of Ontario, the Federal and Provincial Ministers of Trade and Industry, the Regions of Durham, York, Peel, Halton and all municipalities therein, the Association of Municipalities of Ontario (AMO) and the Canadian Manufacturers and Exporters Association (CME). Resolution #C-332-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 21 from the Greater Toronto Area Countryside Mayors Alliance (GTACMA), with respect to fair trade between Canada and the United States, be received for information. "CARRIED" D - 22 Dawn Whelan, Council Coordinator, City of Ottawa, advising Council that on April 22, 2009, the City of Ottawa adopted the following resolution pertaining to leave to appeal the Ontario Municipal Board decision regarding the application by Minto Communities Inc.: "WHEREAS the decision of the Ontario Municipal Board approving the application by Minto Communities Inc. to amend the Secondary Official Plan for the village of Manotick was released on April 23, 2009; AND WHEREAS the decision gave very little consideration to the amendments to the Planninq Act that were intended to strengthen the ability of municipalities to govern development; AND WHEREAS it is the view of the Council of Ottawa that this decision is contrary to the vision for Manotick as expressed in the Official Plan of the City of Ottawa, including the Manotick Secondary Plan, and this decision does not give proper consideration to the provisions of the Planninq Act, especially the amendments in Bill 51; AND WHEREAS many municipalities in Ontario have expressed grave concern over the lack of regard had by the Ontario Municipal Board to the decisions of the democratically elected Councils; Council Meeting Minutes - 35- June 1, 2009 THEREFORE BE IT RESOLVED THAT, due to the failure of the Ontario Municipal Board to give proper consideration to the amendments to the Planninq Act strengthening the role of municipal councils, the City Clerk and Solicitor be authorized to seek leave to appeal the decision of the Ontario Municipal Board respecting the application by Minto Communities Inc. to amend the Secondary Official Plan for the village of Manotick; AND BE IT FURTHER RESOLVED THAT the City seek the involvement of and funding by the Association of Municipalities of Ontario and other municipalities in its application for leave to appeal." Resolution #C-333-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the City of Ottawa, with respect to leave to appeal an Ontario Municipal Board decision, be endorsed. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 23 as two of the persons named in the correspondence worked on his 2006 municipal election campaign. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired this portion of the meeting. D - 23 Eric K. Gillespie, Barrister and Solicitor, writing on behalf of his clients Don (Luke) Prout, Cynthia Prout, George Van Dyk and Sean Keane, advising that a proper compliance audit of the 2006 Municipal Election Campaign finances of John Mutton remains outstanding and that he has been retained by the applicants to seek compliance with the legal duties set down in Section 81 (4) of the Municipal Elections Act. 1996, requiring Council to appoint an auditor to conduct a compliance audit of the candidate's election campaign finances; hoping that the process can be completed without further delays or costs; however, advising that if a response is not received by June 3,2009, the applicants will have no choice but to commence some form of legal proceeding against the municipality. Council Meeting Minutes - 36- June 1, 2009 Resolution #C-334-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 23 from Eric K. Gillespie, Barrister and Solicitor, with respect to the compliance audit of the 2006 Municipal Election Campaign finances of John Mutton, be referred to the Municipal Clerk. "MOTION CARRIED" ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ...; Councillor Hooper ...; Councillor Novak ...; Councillor Robinson ...; Councillor Woo ...; Councillor Trim ...; Mayor Abernethy ...; Mayor Abernethy resumed the Chair. D - 24 Libby Racansky expressing concern with the closure of Nash Road from Courtice Road easterly to Harry Gay Drive for upgrades being undertaken by the Municipality, without adequate notice to residents, and the simultaneous Regional road work commencing on June 1, 2009, on Courtice Road North, and expressing concern with the flow of traffic and that Hancock Road will be used as a detour for these construction projects. Resolution #C-335-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 24 from Libby Racansky, with respect to the closure of Nash Road, be received for information. D - 25 "CARRIED" Memorandum dated May 29, 2009, from the Deputy Clerk regarding responses received to Letters of Interest to Sit on Task Force on Attracting Higher Education Facilities. The memorandum indicates that ten responses were received and in accordance with the Terms of Reference there are six positions to be filed. Names of the individuals have been provided to Members of Council under separate cover. Council Meeting Minutes - 37- June 1, 2009 Resolution #C-336-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Pierre Tremblay, Rev. Dr. Dorcas Gordon, William Humber, Deborah Patrick, Valentine Lovekin, and Paul Halliday, be appointed to the Task Force on Attracting Higher Education Facilities. "CARRIED" D - 26 Gord Krieger, P.Eng., Project Manager, Genivar, advising they have been retained by the Ministry of Transportation Eastern Region (MTO) to complete improvements on Highway 115 from 1.4km south of Boundary Road to Victoria Road 32; indicating that in order to complete construction within the given time frame and to minimize traffic disruption, the contractor may be required to work during the night-time; and, requesting an exemption to the Clarington Noise By- law from July 29,2009 to November 30,2009, to permit the contractor to work 24 hours per day, seven days per week. All work would take place within the MTO right-of-way. Resolution #C-337 -09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the request from Gord Krieger, P.Eng., Project Manager, Genivar, for an exemption to the Clarington Noise By-law from July 29, 2009 to November 30, 2009, to permit the contractor to work 24 hours per day, seven days per week to complete improvements on Highway 115 from 1.4km south of Boundary Road to Victoria Road 32, be approved. "CARRIED" COMMITTEE REPORT(S} Report #1 - General Purpose and Administration Committee Report May 25, 2009. Resolution #C-338-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 25,2009, be approved, with the exception of Items #5, #7 and #8. "CARRIED" Council Meeting Minutes - 38- June 1, 2009 Item #5 Resolution #C-339-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report P S D-051-09 be received; THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09 continue to be reviewed to address any concerns raised at the public meeting; THAT all interested parties listed in Report PSD-051-09 and any delegations be advised of Council's decision; THAT the Municipal Clerk be directed to arrange for and schedule a Special Meeting of Council for the purpose of educating Members of Council on the methods of conducting the 2010 Municipal Elections under consideration, including signage; and THAT this Special Meeting be open to the public. "CARRIED" Item #7 Resolution #C-340-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report PSD-053-09 be received; THAT the closing date of the transaction be revised from June 30, 2009, to June 15, 2009; THAT a By-law be passed to confirm and ratify the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd; THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale between the Municipality and Mark Gerald Gerrits and Kimberly Ann Gerrits including the payment of commission to Ryan Realty Services Ltd. as provided in the Agreement on its completion, provided the Agreement is modified as provided in Report PSD-053-09; THAT a By-law be passed to authorize the sale and transfer of the lands identified as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington. 97 Potters Lane, Enniskillen; THAT the net proceeds from the sale of the surplus property be deposited into the Municipal Land Acquisition Reserve Account; and Council Meeting Minutes - 39- June 1, 2009 THAT staff and the Municipality's Solicitor be authorized to take all necessary actions to complete the transaction. "CARRIED" Councillor Novak stated a pecuniary interest with respect to Item 8 of Report #1 as the subject property is in close proximity to her home. Councillor Novak refrained from discussion and voting on this matter. Item #8 Resolution #C-341-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-047-09 be received; THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be approved and that the by-law as contained in Attachment 4 to Report PSD-047-09, be passed; THAT the by-law, as contained in Attachment 5 to Report PSD-047-09, be approved in principle and brought forward for Council's approval upon confirmation from the Ministry of Natural Resources that the Aggregate licence registered to the owner of the Coombes Pit has been surrendered; THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-047 -09 and Council's decision; and THAT all interested parties listed in Report PSD-047-09 and any delegations be advised of Council's decision. "CARRIED" STAFF REPORT(S} Report COD-040-09 - Tender CL2009-26 - Orono Arena Roof Replacement Resolution #C-342-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-040-09 be received; Council Meeting Minutes - 40- June 1, 2009 THAT staff be authorized to proceed with the award of a contract for the replacement of the Orono Arena Roof based on the compliant low bid received on Tender #CL2009-26 on the approval of the Director of Operations and the Chief Administration Officer; THAT the funds required be drawn from Account #110-36-370-83683-7401 in the amount of $290,300.00 with additional funds to an amount of $200,000.00 if needed, be drawn from the Creating Jobs, Building Ontario funds set aside for the Newcastle Fire Station Replacement; THAT the Mayor and Clerk be authorized to execute the necessary agreement; and THAT staff report to Council on the results of the tender call and the contract award. "CARRIED" Verbal Report of the Solicitor regarding a Confidential Legal Matter respecting Bowmanville Creek Developments Inc. Ontario Municipal Board Appeal. Mayor Abernethy advised this matter will not be dealt with this evening as the Solicitor is not in attendance. The matter will be dealt with at the next General Purpose and Administration Committee meeting, provided the Solicitor is in attendance. BUSINESS ARISING FROM NOTICE OF MOTION There was no business arising from Notice of Motion considered under this section of the Agenda. UNFINISHED BUSINESS Delegation - Richard Ward - Regarding Recent Property Standards Order - Tabled at General Purpose and Administration Committee Meeting, May 25,2009 Resolution #C-343-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Resolution #GPA-384-09 and amending resolution #GPA-385-09 be lifted from the table. "CARRIED" Council Meeting Minutes - 41 - June 1, 2009 Resolution #C-344-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Resolution #GPA-384-09 and amending resolution #GPA-385-09 be referred to the Municipal Solicitor for a legal opinion and a report back to Council. "CARRIED" BY-LAWS Resolution #C-345-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-063 to 2009-076 inclusive; 2009-063 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Tunney Planning) 2009-064 Being a By-law to adopt Amendment No. 67 to the Clarington Official Plan (1559306 Ontario Ltd.) 2009-065 Being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and Mark Gerald Gerrits and Kimberly Ann Gerrits of the lands more particularly described as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington, 97 Potters Lane, Enniskillen 2009-066 Being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and Mark Gerald Gerrits and Kimberly Ann Gerrits of the lands more particularly described as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington, 97 Potters Lane, Enniskillen 2009-067 Being a by-law to authorize the sale and transfer to Mark Gerald Gerrits and Kimberly Ann Gerrits of the lands more particularly described as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of Darlington, 97 Potters Lane, Enniskillen 2009-068 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Municipality of Clarington) Council Meeting Minutes - 42- June 1, 2009 2009-069 Being a by-law to stop up and close as a public highway a portion of road allowance and to authorize the conveyance of Part 2 on Registered Plan 40R-25566 to Barr's Developments Ltd. 2009-070 Being a by-law to authorize the execution on behalf of the Municipality of Clarington of an Agreement with the Canadian National Railway 2009-071 Being a by-law to amend By-law 2007-038 to appoint Members to the Samuel Wilmot Nature Area (Candy Davis-Storks) 2009-072 Being a by-law to close Part 3 on Plan 40R-25884 as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended 2009-073 Being a by-law to declare Part 3 on Plan 40R-25884 surplus as pursuant to section 268(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended 2009-074 Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to Prestonvale Land Corporation 2009-075 Being a by-law to appoint a Municipal Law Enforcement Officer (Angela Mitchell) 2009-076 Being a by-law to appoint a Municipal Law Enforcement Officer (Sarah Alton) THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Robinson and Councillor Trim stated pecuniary interests with respect to the advertisement in the local media regarding the compliance audit of John Mutton's 2006 Municipal Election campaign finances, and did not take part in discussion or voting on this matter. Council Meeting Minutes - 43- June 1, 2009 Resolution #C-346-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the advertisement placed in the local media, by Don Prout regarding the compliance audit of John Mutton's 2006 Municipal Election campaign finances be referred to the Municipal Solicitor for comment. "CARRIED" Resolution #C-347 -09 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow for the introduction of a new item of business at this time. "CARRIED" Resolution #C-348-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Council approve funding of up to $3,800 for the purchase of sixty Shop, Dine and Discover banners, to be hung in the Historic Downtown Bowmanville Business Improvement Area, prior to July 1, 2009. "CARRIED" Councillor Robinson advised Concession roads in the municipality are in poor repair and he hopes that road maintenance will be a top priority in the budget process. Deputy Mayor Trim Chaired the remainder of the meeting. Resolution #C-349-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the presentation of Scott Lewis and Lois Jeffery, Canada Post Corporation, be received with thanks. "CARRIED" Council Meeting Minutes - 44- June 1, 2009 Resolution #C-350-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the presentation of Richard Walli, Chair, Site Liaison Committee, be received with appreciation. "CARRIED" Resolution #C-351-09 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT the delegation of Linda Gasser, be received with thanks; and THAT all peer review comments pertaining to the proposed Energy-From-Waste studies be made available to the public as they become available. "CARRIED" Mayor Abernethy, Councillors Novak, Robinson and Trim stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-352-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-077, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 1 st day of June, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 45 - ADJOURNMENT Resolution #C-353-09 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT the meeting adjourn at 9:32 p.m. "CARRIED" June 1, 2009