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HomeMy WebLinkAbout06/15/2009Leading tA¢ 4Yrt~ Council Meeting Minutes JUNE 15, 2009 Minutes of a regular meeting of Council held on June 15, 2009, at 7:00 p.m., in the Council Chambers. Councillor Woo 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 Facilities Manager, G. Acorn, attended until 10:26 p.m. Manager, Transportation and Design, L. Benson, attended until 10:26 p. m. Manager of Communications and Tourism, J. Cooke, attended until 7:40 p.m. Executive Assistant to the Mayor, L. Coutu, attended until 7:29 p.m. Director of Planning Services, D. Crome Solicitor, D. Hefferon Community Co-ordinator, H. Keyzers, attended until 7:29 p.m. Manager of Special Projects, F. Langmaid, attended until 9:50 p.m. Corporate Safety and Project Manager, B. Taylor, attended until 10:26 p.m. Director of Finance/Treasurer, N. Taylor, attended until 10:26 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 10:26 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak announced the following: At Regional Council last Wednesday the Municipality was successful in having employment lands added along the 407 East Durham link corridor added to the Official Plan Council Meeting Minutes - 2 - June 15, 2009 • She attended the Federation of Canadian Municipalities (FCM) Conference along with Councillor Trim, and advised of significant policies brought forward • An open house regarding the expansion of GO Train rail service to Bowmanville will be held on June 18t" at the Garnet B. Rickard Recreation Complex from 6:00 p.m. until 9:00 p.m. Councillor Woo announced the following: • On June 2, 2009, he and Mayor Abernethy attended the Big Brothers and Big Sisters of Clarington Annual Volunteer Recognition Evening where Mayor Abernethy assisted with the presentation of awards and Councillor Woo accepted a plaque on behalf of the Municipality • On June 6, 2009, he attended the 172nd Royal Canadian Air Cadet Squadron 4t" Annual Review • On June 6, 2009, he paid a visit to the Morgandale Crescent Neighbourhood Street Party where neighbours were enjoying games, swimming, music and socializing • He attended the ribbon-cutting ceremony for the Safe Driving Academy • He advised of the following upcoming events this weekend: Fabulous 50's Festival will take place in downtown Bowmanville, The Lions Club of Bowmanville's 14t" Annual Duck Derby and Family Day; and the "Walk a Mile in Her Shoes", International Men's March to stop rape, sexual assault and gender violence Councillor Hooper announced the following: The Fabulous 50's Festival will take place in downtown Bowmanville on June 18, 19 and 20, 2009, featuring the annual sidewalk sale, car show and music He attended atwo-day conference in June on revitalizing downtowns which he found very informative MINUTES Resolution #C-354-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on June 1, 2009, be approved. "CARRIED" Council Meeting Minutes - 3 - June 15, 2009 PRESENTATIONS Mayor Abernethy welcomed students, parents and the public to the presentation of the Eighth Annual "Awards for Academic Excellence". He advised Clarington elementary and secondary schools were requested to submit the name of a student demonstrating academic excellence combined with community service. The awards consist of a permanent plaque for each of the schools participating and each student will be presented with a personal framed certificate. Mayor Abernethy stated Vincent Massey Public School and Bowmanville Senior Public School will receive permanent plaques due to the relocation of Grade 8 students. He noted that secondary students who are being recognized will also receive a cheque for $100.00 as a bursary to further their educational pursuits. Linda Coutu, Executive Assistant to the Mayor, acknowledged the following students who were unable to attend tonight's Council meeting due to conflicting schedules and who will receive their awards during their graduation ceremonies: Christine Button, Clarke High School Becca Sawyer, Courtice Secondary School Megan McFadden, Dr. G. J. MacGillivray Public School Emma Cullen, Dr. Ross Tilley Public School Jacob McCoy, Good Shepherd Elementary School Ellen Potts, Mother Teresa Elementary School Rachel Rozema, Vincent Massey Public School She presented the 2009 Awards for Academic Excellence to the following elementary school students: Shannon Thompson, Bowmanville Senior Public School Elizabeth Fletcher, Courtice North Public School Abbey Smith, Dr. Emily Stowe Public School Lydia Canfield, Harold Longworth Public School Jenni Theriault, Holy Family Catholic School Melissa Fletcher, John M. James Public School Curtis Smeding, Knox Christian School Amy Madill, Lydia Trull Public School Ashley Chambers, M. J. Hobbs Senior Public School Alexander Rodrigues, Monsignor Leo Cleary Elementary School Madeleine Becke, St. Elizabeth Elementary School Carrie-Anne Cunningham, St. Francis of Assisi Elementary School Paige Patterson, St. Joseph's Elementary School Courtney Wilbur, S.T. Worden Public School Megan Hartwell, The Pines Senior Public School Elizabeth Jose, Waverley Public School Council Meeting Minutes - 4 - June 15, 2009 The following graduating students from Clarington Secondary Schools were presented with certificates and a $100.00 bursary: Christopher Dupuis, Bowmanville High School Jessica McGeough, Clarington Central High School Ester Verwoerd, Durham Christian High School Dayna Loeb, Holy Trinity Secondary School Kaliegh Koch, St. Stephen's Secondary School Mayor Abernethy presented Reverend Frank Lockhart with the 2009 "Senior of the Year" Award and acknowledged Reverend Lockhart's many years of voluntary service to the community. Mayor Abernethy highlighted Reverend Lockhart's past and present accomplishments including holding the position of Chair of the Valleys 2000 Committee since its inception, his involvement in obtaining a Trillium grant for the construction of the first pond in the valley, and his dedication to the valley through planting trees or building trails at the Bowmanville Valley and Soper Creek Valley. Reverend Lockhart was the Minister at Trinity United Church in Bowmanville from 1987 to 1999, is currently the Minister at Kendal United Church, is the Chaplain for the Bowmanville Legion, and always participates in the Remembrance Day ceremony in Newtonville. Mayor Abernethy acknowledged that in his spare time, Reverend Lockhart is an avid railroad buff and enjoys hiking. Reverend Lockhart thanked Council for honouring him with the "Senior of the Year" Award which he feels should be for all seniors who work hard for the community. He stated many seniors enjoy challenges and serving the community and being involved keeps them vital and active. Harriet Philips, Ph.D, SENES Consultants Limited, addressed Council to present the findings of the Peer Review of the Site Specific Human Health and Ecological Risk Assessment for the proposed Energy-From-Waste Facility for the Clarington 01 Site. Dr. Philips stated SENES Consultants Limited, was commissioned by the Municipality of Clarington to provide a peer review of the Site Specific Human Health and Ecological Risk Assessment performed by the Region of Durham's consultants Jacques Whitford. Dr. Philips provided background information on the purpose of the peer review which is to render an opinion as to whether the risk assessment has been carried out in accordance with generally accepted principles and to comment on whether the conclusions reached are appropriate and defensible. Dr. Philips reviewed the methodology for conducting the peer review indicating the review was conducted in accordance with Health Canada Guidance and the Ontario Ministry of the Environment "Reviewer's Checklist for Risk Assessment". Through use of a PowerPoint presentation, Dr. Philips provided an overview of the elements and key requirements of a peer review which must demonstrate that sufficient information has been assembled for the facility to provide a confident assessment of the impacts and to describe each exposure pathway; that the right receptors have been selected and assigned appropriate characteristics and that the receptors are exposed to appropriate concentrations of chemicals of concern; that the potential health effects posed by each chemical of concern is understood and appropriate toxicity reference Council Meeting Minutes - 5 - June 15, 2009 values are used to assess the likelihood of adverse health effects; and, that the likelihood of adverse health effects posed by each chemical of concern has been estimated and the estimates are interpreted in meaningful ways. Dr. Philips stated the scope of the Site Specific Risk Assessment Review was based on the 140,000 tonne scenario and on the assumption that the concentrations from the Air Quality Assessment are valid. She stated the peer review of the air quality assessment indicates that the modelling appears to have been done appropriately following regulatory guidelines and the emission rates and factors appear to be appropriate. Dr. Philips advised that they have requested the consultants to further review the apparent meteorological mismatch that may cause an inaccurate representation of long-term exposure. She stated that a peer review meeting with all reviewers was held on June 5, 2009 noting some of the comments received by reviewers for the Region and the Medical Officer of Health have been incorporated but that other comments still need to be addressed. In conclusion, Dr. Philips stated the Jacques Whitford Risk Assessment is comprehensive, conforms to risk assessment guidance, that the conservative approach taken would result in an overestimate of exposure and risk and while SENES has provided comments, the comments would not change the conclusions of the risk assessment. Dr. Philips confirmed that she has no affiliation or interest specific to the Energy-from Waste project, that she is a Qualified Person -Risk Assessment under O.Reg 153/04 and she has conducted a number of risk assessments on behalf of the Ministry of the Environment. In response to a question, Dr. Philips stated that based on what is provided within the risk assessment and methodology, the risk assessment indicates that there will be no adverse effects on humans or ecology and confirmed that the facility would be safe to operate. Dr. Christopher Ollson and Jim McKay, Jacques Whitford, addressed Council regarding the findings of the Site Specific Human Health and Ecological Risk Assessment for the proposed Energy-From-Waste Facility for the Clarington 01 site, updated June 12, 2009. Through use of a PowerPoint presentation, Dr. Ollson provided a comparison between a site specific versus generic risk assessment. Dr. Ollson confirmed that in undertaking the generic risk assessment, the location and specific technology was not known. Dr. Ollsen provided an overview of the risk assessment framework including an understanding of the chemical baseline, how the chemicals come into contact with people and the environment, to what amount these chemicals are linked to environmental effects on human or ecological health, to what degree people and ecological receptors are exposed to these chemicals and when predicted exposure levels are compared to exposure limits is an increased risk predicted and if so, how to reduce identified risks. Dr. Ollsen outlined the risk assessment methodology, including the collection of baseline data from various locations within the Local Assessment Area, the selection of receptor locations based on public input, landuse, location, etc., and the compilation of a comprehensive list of chemicals of potential concern that may be emitted from the facility. Dr. Ollsen reviewed baseline, construction, operational and decommissioning scenarios. Council Meeting Minutes - 6 - June 15, 2009 He stated risks to human receptors were evaluated by inhalation assessment at 309 receptor locations and multi-pathway assessment at 132 receptor locations. The results indicate that no acute or chronic risk estimates at the maximum ground level concentration exceeded the regulatory benchmark for all Project Scenarios. The results of the multi-pathway assessment indicate that exposure to facility-related air emissions will result in no adverse health effects to human receptors living or visiting the area. He noted the only exeedences of regulatory benchmarks were from existing conditions in the Baseline Case. Dr. Ollsen reviewed the methodology for the ecological risk assessment including government regulations and guidance framework, highlighted the selection of Valued Ecological Components and reviewed exposure pathways for wildlife and freshwater receptors. He noted the only exceedences of regulatory benchmarks were from existing conditions in the Baseline Case in the freshwater aquatic system for a limited number of chemicals; there was no undue risk predicted for ecological receptors for any of the Project-related scenarios modelled; or any undue risk predicted for any species at risk that would be found within the area. Dr. Ollsen concluded by stating the site-specific risk assessment determined that the proposed Covanta facility operating at 140,000 tonnes of MSW/year could be safely operated at the Clarington 01 site without undue risk to either people or the environment. He further advised that for the most part operating at 400,000 tonnes, the same conclusion could be drawn that under normal operating conditions there would not be any undue risk to people or the environment. Dr. Ollson confirmed that the modern-day facility would be safe to operate and that the Ministry of the Environment will not issue a Certificate of Approval if was deemed not to be safe. Resolution #C-355-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:31 p.m. DELEGATIONS Dr. Fuller advised prior to the meeting that he would not be addressing Council. Dr. Irish advised prior to the meeting that he would not be addressing Council. Dr. Lottering advised prior to the meeting that he would not be addressing Council. Dr. Osborne advised prior to the meeting that he would not be addressing Council. Council Meeting Minutes - 7 - June 15, 2009 Dr. Stone addressed Council concerning Correspondence Item I - 19 -Loss of Acute Care Services at Lakeridge Health Bowmanville. Dr. Stone introduced Doug Allingham, Chair, Board of Trustees, and Kevin Empey, President and CEO, Lakeridge Health Corporation. Dr. Stone stated healthcare of the community is of utmost importance and there has been much community discussion on the future of acute care services at Lakeridge Health Bowmanville and of the future of the Bowmanville hospital site. Dr. Stone indicated that tonight he would be speaking on behalf of Lakeridge Health Corporation to advise that the physicians, Mr. Allingham and Mr. Empey had an open, frank and productive meeting and are moving forward in a spirit of cooperation to work on a plan for future services at Lakeridge Health Bowmanville. He stated local physicians and patients understand that healthcare is under significant pressure, is underfunded and that it is within this environment they are struggling to find a solution. However, Lakeridge Health Bowmanville must continue as an acute care site with 24-hour emergency service and on-site internal, surgical and special care units to serve their patients. Dr. Stone stated there will be no reduction in service and that the hospital will continue to provide the same services and that telemedicine will also be developed as an additional tool to serve their patients. A working group of physicians and hospital administrators will work together to ensure support for the Lakeridge Bowmanville site. Dr. Stone stated that only joint communications will be announced to the public through statements issued by either himself or Mr. Empey as discussions continue. Dr. Stone thanked Mr. Allingham for bringing both sides together to find common ground and common solutions. He requested the community, service clubs, business and industry to pledge financial support as the facility moves towards much-needed renovations. He also thanked local government leaders, the excellent physician group who have stood united in trying to represent the interests of the community, hospital staff and Council for their support. Dr. Stone advised the community must continue to play an important role as the process unfolds. In response to questions, Mr. Empey advised that the hospital is keen for the expansion of the Emergency Department and will continue to work with the Ministry of Health and the Hospital Foundation to kick-off the project. In response to a further question regarding the fundraising target, Mr. Empey stated the Foundation is a separate entity and he did not have that information available. Mayor Abernethy suggested that the Chair of the Foundation be invited to a future Council meeting to provide an update to Council. The representative of EMS advised prior to the meeting that he/she would not be addressing Council. Council Meeting Minutes - 8 - June 15, 2009 Gary Cole addressed Council, on behalf of the West Beach Association, concerning Staff Report #1 -Report PSD-056-09 -Reasons For Decision of The Joint Board under the Consolidated Hearings Act and the Expropriations Act (Case No. 04-164) respecting the Proposed Expropriation of Certain Lands Owned by The Port Darlington Harbour Company. Mr. Cole expressed thanks to Council, staff and Andy Wiggers, Head of the Port Darlington Community. He advised that he only received the staff report on Friday and has not had the opportunity to digest the contents or receive a legal opinion. Mr. Cole confirmed their position remains the same as stated in 2007 and that they wish to negotiate with Council and staff as a group, not individually. Belinda Helmer advised prior to the meeting that she would not be addressing Council. Edith McGowan advised prior to the meeting that she would not be addressing Council. Bernadine Malone advised prior to the meeting that she would not be addressing Council. Alan Kamed advised prior to the meeting that he would not be addressing Council. The Representative of SCU, Lakeridge Health Bowmanville advised prior to the meeting that he/she would not be addressing Council. COMMUNICATIONS Resolution #C-356-09 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Item I - 14. "CARRIED" I - 1 Minutes of the Animal Advisory Committee dated March 11, 2009. I - 2 Minutes of the Clarington Agricultural Advisory Committee dated April 9, 2009. I - 3 Minutes of the Tyrone Community Centre Hall Board dated April 15, 2009. I - 4 Minutes of the Central Lake Ontario Conservation Authority dated May 20, 2009. Council Meeting Minutes - 9 - June 15, 2009 I - 5 Minutes of the Energy-From-Waste Site Liaison Committee dated May 6, 2009. I - 6 Minutes of the Clarington Heritage Committee dated May 19, 2009. I - 7 The Honourable Lisa Raitt, Minister of Natural Resources, advising of the restructuring of Atomic Energy of Canada Limited (AECL) following a comprehensive review initiated in 2007 and concluding that restructuring is necessary to position AECL, its workers and the Canadian nuclear industry to retain skilled jobs in designing, building and servicing new power plants in Canada and abroad; indicating that no decision has been made at this time as to the specific form the restructuring will take; and, emphasizing that the Government places top priority on health, safety and the environment in relation to all nuclear activities in Canada and that regardless of AECL's structure, Canada's nuclear regulator, the Canadian Nuclear Safety Commission, will continue to oversee the entire nuclear industry in Canada. I - 8 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 hold a referendum; and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Steve Fekete and Lynn Allard b) Andrew and Janice Macfarlane c) Megan Labron d) Linda O'Brien e) David Hannah f) Brian Early g) Cheryl Perrault h) W. Gorete i) Brenda Coward j) Donna Zadow k) Suzzette Hibbard I) Tina Greer m) Ronald W. Allen n) Rinske Wagenaar o) H. Tate p) Grace Peacock q) Shank-Davey Family r) Teri, Brian, and Brienne McKenzie & Peter Furfaro Council Meeting Minutes - 10 - June 15, 2009 s) Patricia Brazeau and Family t) Raymond and Diane Richer u) Ren and Carolyn Wallbank v) Gloria Stock w) Bert Kortekaas x) Lori Allin y) Cliff Kerr z) Susan Bateman and Family aa) Nadia McLean-Gagnon bb) Norbert Lisinski cc) Aimee Nelson dd) Ed Stec ee) Kathi Bracken ff) Joan Kellett gg) Chris Walker hh) Willis and Marilyn Barraball I - 9 Correspondence has been received from the following individuals/groups in support of the proposed "Energy-From-Waste" Facility: a) David and Dorothy Hartford I - 10 Diane Lloyd, Chairperson of the Board, Kawartha Pine Ridge District School Board, writing to John O'Toole, MPP, Durham, responding to his correspondence regarding vehicular access to the Clarke High School and The Pines Senior Public School; indicating that the issue has been reviewed by the Board in the past and concluding that to construct an alternative vehicular access will be well over $1,250,000.00 not including the possible purchase of land; that in addition to the high cost, adjacent landowners may not be prepared to consider a road through their lands and an environmental assessment for any new road may also be required; and, that the Board remains committed to protecting secondary school designations in the Newcastle Urban area as a result of growth expected along the Highway 2 corridor and in the Newcastle urban area. - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding CLOCA's 2009 budget as approved by the Board of Directors on May 20, 2009. - 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding copies of CLOCA's "2008 50t" Anniversary Year In Review" publication, celebrating 50 years of protecting local watersheds. Council Meeting Minutes - 11 - June 15, 2009 I - 13 Jamie Kirkpatrick, Campaigner, Toronto Environmental Alliance (TEA), encouraging the Municipality to ensure that any new request for proposals (RFP's) that include the use of aggregate require the successful bidder to demonstrate that they will use the highest level of recycled content allowable under provincial standards; forwarding a copy of TEA's report "Dig Conservation, Not Holes: A Report on the GTA's Thirst for Gravel and How to Quench it" for review; and requesting that Council encourage the 3Rs (Reduce, Reuse and Recycle) to lessen the collective demand for "virgin" aggregate. I - 15 Julie Buczkowski, M & M Meat Shops, extending appreciation to Council for support of the 21St Anniversary of the M & M Meat Shops Charity BBQ day on May 9, 2009, in support of Crohn's disease and ulcerative colitis; advising that through this community-based initiative, M & M Meat Shops has raised $1.9 million for the Crohn's and Colitis Foundation of Canada; and, indicating that next year's Charity BBQ day will be held on May 8, 2010. I - 16 Pamela Musgrave, Regional Manager, Ontario and Nunavut, Muscular Dystrophy Canada, extending appreciation to the Clarington Professional Firefighter's Association for their efforts in raising $3,821.04 for Muscular Dystrophy Canada through their fundraising efforts in 2008-2009 and advising that fundraising efforts assist Canadian families to purchase more than $2.6 million worth of equipment, provide support to people affected by neuromuscular disorders and their families and fund over $4.54 million for research. I - 17 John R. O'Toole, MPP Durham, forwarding correspondence received in response to his letter to the Honourable Madeleine Meilleur, Minister of Community and Social Services, regarding indigent funerals, and advising that the Minister has suggested that the Public Hospital Act, 1990 and the Anatomy Act, 1990 be reviewed with respect to the municipality's responsibility for burial expenses; and, indicating that the Province remains committed to treating people with fairness and dignity while ensuring support is directed to those who need it most. I - 18 Tony Doyle, Communications and Marketing, University of Ontario Institute of Technology (UOIT), issuing a media release dated May 29, 2009, advising of a $73-million Federal/Provincial investment at UOIT in the Automotive Centre of Excellence, aworld-class research, design and training centre focused on the next-generation automobile industry, and a new Energy Systems and Nuclear Science Research Centre to house UOIT's unique-in-Canada programs, including courses in wind, solar, hydrogen, hydraulic, nuclear and geothermal energy. Construction work on both projects will begin by August, 2009. Council Meeting Minutes - 12 - June 15, 2009 I - 19 Dr. Tony Stone, forwarding an Executive Summary outlining issues at Bowmanville Hospital respecting loss of acute care services, a copy of the Hospital-based General Internal Medicine (GIM) Proposal for Lakeridge Health Bowmanville, a Lakeridge Health Corporation Press Release "Plan Ensures Bowmanville ER Stays Open and Ongoing Acute Care", and correspondence addressed to the Honourable David Caplan, Minister of Health & Long Term Care highlighting a chronology of events and concerns regarding the loss of acute care services at Lakeridge Health Bowmanville and in which the physicians of Lakeridge Health Bowmanville are requesting a meeting with Ministry of Health officials and the Central East LHIN Executive to discuss patient care issues and the future of the Bowmanville site. I - 20 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation (ORMF), advising that the Foundation was not recapitalized and a closure date for the Foundation has been set for the fall of 2010; indicating a transition committee has been set to take the necessary steps to fulfill the Foundation's fiduciary responsibilities and to ensure that awind-up is complete, professional and orderly; highlighting significant strides and accomplishments that have been made while recognizing that more much more work is needed to protect the moraine; and, hoping that ways can be found to build on the foundation to support and protect the moraine for life. - 14 J. Greg Ashbee, Manager, Infrastructure Expansion Planning, Metrolinx, advising of three scheduled Public Open Houses on the Feasibility Study for the extension of GO Transit's Lakeshore East rail line from Oshawa easterly to the Bowmanville area. Open Houses will be held from 6:00 p.m. to 9:00 p.m. in Whitby on June 16th at Durham College Whitby Campus, in Oshawa on June 17th at the Holiday Inn and in Bowmanville on June 18th at the Garnet B. Rickard Recreation Complex. Resolution #C-357-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item I - 14 from J. Greg Ashbee, Manager, Infrastructure Expansion Planning, Metrolinx, with respect to expansion of GO Transit Rail Service from Oshawa to Bowmanville, be received for information. "CARRIED" Council Meeting Minutes - 13 - June 15, 2009 CORRESPONDENCE FOR DIRECTION Resolution #C-358-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 5 be approved as per the agenda. "CARRIED" D - 1 Correspondence has been received from the following individuals/groups in opposition to the proposed demolition of Camp 30; forwarding suggestions on future uses; and, requesting Council to do all that is necessary to preserve the nation's historical heritage sites for future generations: a) Alexander Filip Josic b) Despina Chymeftos c) Harold Parnham (84 year-old Veteran) d) H. Nitschke e) Trevor Hutchinson f) Andrew A. Horton g) Danna Levinson (Correspondence referred to the Director of Planning Services) D - 2 Brian Goldig, Manager, Physician Advisory Service, The College of Physicians and Surgeons of Ontario, forwarding information on the selection criteria, eligibility requirements and nomination instructions for The Council Award, an award honouring Outstanding Ontario Physicians who have demonstrated excellence and come closest to meeting society's vision of an `ideal physician'; inviting nominations for the Award; and, indicating the deadline for receipt of nominations is August 7, 2009. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) D - 3 Helen Bajorek MacDonald tendering her resignation from the Green Community Advisory Committee. (Correspondence received with regret and referred to the Municipal Clerk) Council Meeting Minutes - 14 - June 15, 2009 D - 4 Angie Darlison, Executive Director and Peter Evans, President, Clarington Older Adult Association, writing to David Crome, Director of Planning Services, advising that on May 8, 2009, the Clarington Older Adult Centre Board adopted the following resolution pertaining to the Heritage Designation for Beech Avenue: "THAT the COAA Board is not in favour of the 26 Beech Avenue property being included in the Heritage Designation." (Correspondence referred to the Director of Planning Services) D - 5 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Trust, inviting Council to participate in the 2009 Recognition programs, including the Heritage Community Recognition Program, Young Heritage Leaders Program and Community Leadership Program; forwarding brochures outlining the eligibility criteria and nomination process; and, advising the nomination deadline is Friday, July 17, 2009. (Correspondence referred to the Director of Planning Services) D - 6 Joy Russell advising that the people of Fort Erie, Ontario are fighting to stop the closure of their Community Build Hospital by LHIN, LNS and the government and are attempting to garner support of other towns and cities in this fight; indicating the closure of their local hospital will mean the lakefront area from Fort Erie through Wainfleet will have no immediate medical facility; expressing concern that local hospitals are closing and services are being transferred to mega hospitals; and, suggesting that the following websites be viewed with regard to their peaceful protest: http://websrvr91va.audiovideoweb.com/va91web25089/NTW VIGIL 09/index.HTML and http://www.chtv.com:80/ch/chchnews/video/index. HTML. Resolution #C-359-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D - 6 from Joy Russell, with respect to closure of the community built hospital, be endorsed. "CARRIED" Council Meeting Minutes - 15 - June 15, 2009 D - 7 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Association of Municipalities of Ontario (AMO) advising that on May 19, 2009, the City of Pickering adopted the following resolution pertaining to harmonized sales tax: "WHEREAS the economy in Canada and in the Province of Ontario is faced with an unstable climate and high unemployment rates; and WHEREAS peoples savings and portfolios have been drastically affected by the world economic condition; and WHEREAS the Provincial Government recently announced the harmonization of the 5% GST and the 8% PST; and WHEREAS this harmonized sales tax will negatively impact all consumers, young and old, married or single, by implementing the proposed harmonized tax to almost all goods and services that were previously exempt from PST; and WHEREAS the 8% PST will be added to items such as, but not limited to, gasoline, home heating fuel, water, hydro, used cars, real estate commissions, home renovations, personal services, chiropractor, massage therapy, consultants, lawyers fees, prescriptions, registration fees and memberships for recreational services used by seniors and children. THEREFORE BE IT RESOLVED THAT we, the Council of the City of Pickering, appeal to the Province of Ontario to stop the implementation of the proposed Provincial Harmonized Sales Tax until more public consultation and input is received; and BE IT FURTHER RESOLVED THAT we, the Council of the City of Pickering, request that AMO lobby the Province of Ontario on our behalf, and that a copy of this resolution be sent to all municipalities in Ontario requesting their support." Resolution #C-360-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution from the City of Pickering, with respect to harmonized sales tax, be received for information. "CARRIED" Council Meeting Minutes - 16 - June 15, 2009 D - 8 Lynn McCullough, Legal Director, GENMO Salaried Pension Organization, advising that the retired residents of Clarington will be severely affected and impacted if General Motors goes bankrupt and will experience reduced spending power, may be forced to depend on government assistance and may result in selective, inadequate medical treatment and more dependency on community services; and, requesting that Council support the following recommendation in support of GM's restructuring plan: "THAT the Mayor and Members of Council support the GENMO Salaried Pension Organization in their efforts to protect the Pension and Benefits of Salaried Retirees and Surviving Spouses of General Motors of Canada; THAT the Municipality of Clarington send a letter to the MP and MPP's representing the Clarington area advising them that they support GENMO and their efforts to protect the Pension and Benefits of Salaried Retirees and Surviving Spouses of General Motors of Canada; THAT the Municipality of Clarington recognizes that the Provincial Government has permitted discrimination of every General Motors of Canada employee/retiree and surviving spouse by allowing the 5.1 Legislation -Too Big to Fail; THAT government at all levels, has a political and moral responsibility to retirees and pensioners, especially those affected by 5.1 Legislation; THAT salaried retirees contributed a percentage of their annual income into the Salaried Retirees Pension Fund; THEREFORE, it is incumbent on all levels of government to support GM's restructuring plan and ensure full funding of the General Motors Salaried Retirees Pension Plan is a priority." Resolution #C-361-09 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the GENMO Salaried Pension Organization, with respect to support of GM's restructuring plan, be received for information. "CARRIED" Council Meeting Minutes - 17 - June 15, 2009 D - 9 Kerry Costello, Town Clerk, Town of Smiths Falls, advising Council that on May 19, 2009, the Town of Smiths Falls adopted the following resolution pertaining to support of public libraries: "WHEREAS public libraries have a strong role in literacy, innovation, community and prosperity in municipalities; AND WHEREAS the Ministry of Culture is currently updating its policies related to supporting public libraries as they wish to ensure that policies position public libraries for the future; AND WHEREAS the role of learning in Ontario's future knowledge- based economy grows, the informal learning systems of public libraries will be even more important; AND WHEREAS the library of the future will need to respond to a new social, technological and economic environment; AND WHEREAS municipalities are incurring the majority of costs associated with delivering library programming; AND WHEREAS those same municipalities bear the majority of the costs to build and maintain library facilities; AND WHEREAS the province has decreased its annual grants since 1985 from 15% of annual revenue to 4% of annual revenue which continues to threaten the future of these engines of cultural and economic development; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Smiths Falls petitions that the Province increase its annual grants to 15% of library revenue; AND FURTHER THAT a copy of the motion be forwarded to the Premier of Ontario, the Honourable Aileen Carroll, Minister of Culture, MPP Randy Hillier, the Ontario Library Service and the Association of Municipalities of Ontario for circulation." Resolution #C-362-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Town of Smiths Falls, with respect to support of public libraries, be endorsed. "CARRIED" Council Meeting Minutes - 18 - June 15, 2009 D - 10 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont advising Council that the Township of South Stormont adopted a resolution requesting simultaneous dispatch for EMS and Fire rescue to better utilize community fire departments in emergency medical responses and requesting endorsement by sending any resolution of support to the Ministry of Health and Long Term Care, local members of Provincial Parliament and the Township of South Stormont. Resolution #C-363-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Township of South Stormont, with respect to simultaneous dispatch for EMS and fire rescue, be received for information. "CARRIED" D - 11 Carolyn J. Kett, Town Clerk, Town of Fort Erie, advising Council that on May 25, 2009, the Town of Fort Erie adopted the following resolution pertaining to an Amendment to the Ombudsman Act to include hospitals under the jurisdiction of the Ombudsman: "WHEREAS the Ombudsman is the "citizen representative" and the Office of the Ombudsman is responsible for responding to complaints affecting government organizations save and except hospitals, long-term care facilities and children's aid societies, and WHEREAS the Office of the Ombudsman has been advocating since 1975 to include hospitals under the jurisdiction of the Ombudsman, but to date, Ontario remains the only Province in Canada who's Ombudsman has no jurisdiction over hospitals and long-term care facilities, and WHEREAS hospitals spend more than $20 billion in public money every year in Ontario, and WHEREAS whether overseeing the police, the military or the Provincial Government, Mr. Marin has stated one of the beliefs that's closest to his heart is that these bodies don't exist for their own ends. They exist to serve the public. The public also has great expectations of the checks and balances that exist to keep the system functioning as it should, and Council Meeting Minutes - 19 - June 15, 2009 WHEREAS the historical reason for not including hospitals, under the Ombudsman Act is extremely weak and is based on the fact they do not fall under the definition because they have their own elected boards, and WHEREAS a municipal "board of directors" is directly elected by the public and the hospital board is not, and WHEREAS the Office of the Ombudsman is quoted as saying, "Ontario is the only province in Canada whose Ombudsman does not have a mandate to oversee hospitals. Despite this, the Ombudsman's Office receives many serious complaints about hospitals every year that cannot be investigated. A total of 276 complaints about hospitals were received in fiscal 2007-2008.", and WHEREAS the time has come for the Government of Ontario to include hospitals under the jurisdiction of the Ombudsman Act to ensure a high level of health care, fiscal responsibility, accountability, openness and transparency, NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby petitions the Premier of Ontario to take the necessary steps in a timely manner to amend the Ombudsman Act to include hospitals under the jurisdiction of the Ombudsman, and further THAT: In the event the Premier responds negatively, the Municipal Council of the Town of Fort Erie respectfully requests and expects a full and complete explanation as to why the Province will not amend the Act as requested, THAT: This resolution be circulated to all municipalities in the Province of Ontario for support, and further THAT: The appropriate persons be so notified of this action." Resolution #C-364-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the Town of Fort Erie, with respect to an Amendment to the Ombudsman Act to include hospitals, be endorsed. "CARRIED" Council Meeting Minutes - 20 - June 15, 2009 D - 12 Christine Groulx, Clerk, Town of Hawkesbury, advising Council that on May 25, 2009, the Town of Hawkesbury adopted the following resolution pertaining to the economic climate regarding investment and jobs: "WHEREAS the present precarious economic climate in the province of Ontario and throughout the country, and; WHEREAS the closing of and/or the slowing down of industries in all economic sectors throughout the country resulting in a massive loss of jobs, and; WHEREAS the impacts on local economy that represents the uncertainty about the future, and; WHEREAS investments in recent years by various levels of government to help industries become more competitive in the international market. BE IT RESOLVED THAT this resolution be sent to Ontario municipalities for the purpose of lobbying the federal and Ontario Governments to ensure that investments made by Canadians in industries be protected in a long term basis and be secured against being moved outside of the country or being permanently closed without consultation with Canadian investors." Resolution #C-365-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Town of Hawkesbury, with respect to the economic climate regarding investment and jobs, be endorsed. "CARRIED" D - 13 R. Brad Loosley, Acting Deputy City Clerk, City of Sarnia, writing to the Honourable Madeleine Meilleur, Minister of Community and Social Services, advising that on May 11, 2009, the City of Sarnia adopted the following resolution pertaining to financial assistance to municipalities for the implementation of Accessibility Standards: "THAT Sarnia City Council request the Ministry of Community and Social Services to provide financial assistance to municipalities for the implementation of Accessibility Standards; and Council Meeting Minutes - 21 - June 15, 2009 THAT this resolution be forwarded to the Federation of Canadian Municipalities (FCM), the Association of Municipalities of Ontario (AMO) and all Ontario municipalities with a population over 50,000, requesting their support." Resolution #C-366-09 Moved by Councillor Hooper, seconded by Councillor Robinson THAT the resolution from the City of Sarnia, with respect to financial assistance to municipalities for the implementation of Accessibility Standards, be endorsed. "CARRIED" D - 14 Robert Simpson, Chairperson, Wallaceburg Disaster Relief Committee, advising on February 12, 2009, an ice jam caused localized flooding in the community of Wallaceburg and the Ministry of Municipal Affairs and Housing declared the area a "Disaster Area" for the purpose of the Ontario Disaster Relief Program; advising a Disaster Relief Committee was appointed to spearhead efforts to provide assistance to homeowners and small businesses and is seeking financial assistance from every municipality in the Province; and, indicating that the Province will contribute $2 for every local dollar raised to an amount necessary to settle all claims. Resolution #C-367-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 14 from the Wallaceburg Disaster Relief Committee, requesting a contribution to the Wallaceburg Relief Fund, be received for information. "CARRIED" D - 15 Randy Cowan, Director and Member, Management Committee, Orono Fair, requesting that the Orono Fair to be held on September 10, 11, 12 and 13, 2009, be designated as a community event as required for various permits and policing issues. Council Meeting Minutes - 22 - June 15, 2009 Resolution #C-368-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Orono Fair to be held on September 10, 11, 12 and 13, 2009, be designated as a community event. "CARRIED" D - 16 R. A. (Bob) Fowler, Secretary, Ontario Property and Environmental Rights Alliance, urging affected municipalities and landowners to submit comments by June 15, 2009, to EBR Registry No. 010-6490 regarding habitat regulations released for nine species emerging from the Endangered Species Act (ESA) 2007, which are scheduled to be submitted for policy approval on June 30, 2009. Resolution #C-369-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 16 from the Ontario Property and Environmental Rights Alliance, with respect to habitat regulations emerging from the Endangered Species Act (ESA) 2007, be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report June 15, 2009. Resolution #C-370-09 Moved by Councillor Novak, seconded by Councillor Foster THAT General Purpose and Administration Committee Report of June 15, 2009, be approved, with the exception of Items #8 and #18. "CARRIED" Council Meeting Minutes - 23 - June 15, 2009 Item #8 Resolution #C-371-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report COD-041-09 be received; THAT staff be directed to renew the lease with the Lions Club at the Beech Centre for a further one year; THAT the By-law attached to Report COD-041-09 marked Schedule "A" authorizing the Mayor and Clerk to execute a lease extension agreement be approve; and THAT Clarington Older Adults Board and the Lions Club Board be advised of Council's decision. "CARRIED AS AMENDED" (See following motion) Resolution #C-372-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the foregoing Resolution #C-371-09 be amended by deleting paragraph #2 and replacing paragraph #2 with the following: "THAT staff be directed to renew the lease on a month to month basis for a final one year term to June 30, 2010 with direction to the Lions Club to source alternate facilities." "CARRIED" Resolution #C-371-09 was then put to a vote and CARRIED AS AMENDED. Item #18 Resolution #C-373-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Richard Ward regarding zoning issues be received; and Council Meeting Minutes - 24 - June 15, 2009 THAT Mr. Ward be advised that it is Council's opinion that this issue is closed. "MOTION CARRIED" ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson ~ Councillor Trim Councillor Woo Mayor Abernethy STAFF REPORTS Resolution #C-374-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Agenda be altered to allow for consideration of Report PSD-056-09 following the Unfinished Business Section of the Agenda. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-375-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Resolution #C-283-09 to receive correspondence from Peter White, President, Society of Professional Engineers and Associates with respect to support for CANDU reactors, be reconsidered to allow for the introduction of the following motion: "Whereas the Provincial Government, through the Ministry of Energy and Infrastructure is currently going through a competitive bidding process to select the vendor for a Nuclear New Build located in the Municipality of Clarington, Whereas AECL has proven that Canadian innovative design and technology in nuclear reactor has proven competitive in world markets, Whereas the New Build project is Canada's largest upcoming mega-infrastructure project that would create unprecedented economic spinoff for the Ontario, Durham and Clarington economy, Council Meeting Minutes - 25 - June 15, 2009 Whereas AECL, as one of the three competitive bidders, is well positioned to undertake the New Build project with 100 plus high-tech supply chain manufacturers located in Ontario, and ready to create significant employment opportunities, and Whereas our skilled work force and engineers are primarily trained on CANDU technology through universities such as UOIT and McMaster, THEREFORE BE IT RESOLVED THAT THE Council of the Municipality of Clarington calls upon the Honorable George Smitherman, Deputy Premier and Minister of Energy and Infrastructure to give priority in the procurement process for the next generation of nuclear power technology by AECL which has demonstrated substantial commitment and investment in Ontario nuclear technology, strategic partnership and alliance with Ontario nuclear supply chain companies, and is best positioned to provide sustainable and long term employment opportunities associated with the Nuclear New Build project at Clarington." "CARRIED" Resolution #C-376-09 Moved by Councillor Robinson, seconded by Councillor Hooper Whereas the Provincial Government, through the Ministry of Energy and Infrastructure is currently going through a competitive bidding process to select the vendor for a Nuclear New Build located in the Municipality of Clarington, Whereas AECL has proven that Canadian innovative design and technology in nuclear reactor has proven competitive in world markets, Whereas the New Build project is Canada's largest upcoming mega-infrastructure project that would create unprecedented economic spinoff for the Ontario, Durham and Clarington economy, Whereas AECL, as one of the three competitive bidders, is well positioned to undertake the New Build project with 100 plus high-tech supply chain manufacturers located in Ontario, and ready to create significant employment opportunities, and Whereas our skilled work force and engineers are primarily trained on CANDU technology through universities such as UOIT and McMaster, Council Meeting Minutes - 26 - June 15, 2009 THEREFORE BE IT RESOLVED THAT THE Council of the Municipality of Clarington calls upon the Honorable George Smitherman, Deputy Premier and Minister of Energy and Infrastructure to give priority in the procurement process for the next generation of nuclear power technology by AECL which has demonstrated substantial commitment and investment in Ontario nuclear technology, strategic partnership and alliance with Ontario nuclear supply chain companies, and is best positioned to provide sustainable and long term employment opportunities associated with the Nuclear New Build project at Clarington. "CARRIED" Resolution #C-377-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT in accordance with Section 239 of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of considering a tabled Motion from the Closed Council Meeting of September 24, 2007 regarding Expropriation of Certain Lands Owned by the Port Darlington Harbour Commission. "CARRIED" The meeting resumed in open session at 11:02 p.m. The Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. Two matters were considered and two procedural resolutions were passed, one being to extend the meeting until 11:30 p.m. STAFF REPORT(S) (cont'd) PSD-056-09 -Reasons For Decision of The Joint Board under the Consolidated Hearings Act and the Expropriations Act (Case No. 04-164) respecting the Proposed Expropriation of Certain Lands Owned by The Port Darlington Harbour Company Resolution #C-378-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-056-09 be received and approved; THAT Council as the approving authority under Section 5(1) of the Expropriations Act having considered the Reasons for Decision of the Joint Board dated December 12, 2006 under the Consolidated Hearings Act (Case No. 04-164) and for the reason set out in the Joint Board's Reasons for Decision which as modified for the reasons set out in Recommendation 3, hereby adopts as Council's reasons for its decision to approve the expropriation modified by including Parts 2 and 13 on Reference Plan 10R-3136 with the Lands to be expropriated; Council Meeting Minutes - 27 - June 15, 2009 THAT with respect to Parts 2 and 13 on Reference Plan 10R-3136, Council decide to include them in the Lands proposed to be expropriated for the reasons that the Parcel Registers for those Parts in the Land Registry Office for the Land Titles Division of Durham (No. 40) have not yet been rectified to show the Municipality of Clarington and not The Port Darlington Harbour Company to be the registered owner in fee simple of them; THAT a By-law to approve the proposed expropriation of the Lands including Parts 2 and 13 on Reference Plan 10R-3136 (Attachment 5 to Report PSD-056-09) which Lands are more particularly described in Attachment 2 for the purposes of a district park be approved; THAT the Notice of Decision and Reasons for Decision of Council contained in Attachment 7 approving the proposed expropriation of the Lands including Parts 2 and 13 on Reference Plan 10R-3136 for the purposes of a district park and authorize the Municipal Clerk to serve a copy of them on all parties as required by section 8(2) of the Expropriations Act be approved; THAT a by-law to authorize the Mayor and the Municipal Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by section 8(3) of the Expropriations Act (Attachment 6 to Report PSD-056-09) be approved; THAT a By-law to expropriate the Lands including Parts 2 and 13 on Reference Plan 10R-3136 for the purposes of a district park pursuant to the Municipal Act, 2001 (Attachment 8 to Report PSD-056-09) be approved; THAT a By-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the Lands and cause the plan to be registered in the proper Land Registry Office pursuant to Section 9(1) of the Expropriations Act (Attachment 9 to Report PSD-056-09) be approved; THAT Staff be authorized to give all necessary notices, and to take all necessary actions to terminate the leases of the tenants after registration of the plan of expropriation; and Council Meeting Minutes - 28 - June 15, 2009 THAT all interested parties be notified of Council's decision. "MOTION CARRIED" ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson ~ Councillor Trim Councillor Woo Mayor Abernethy UNFINISHED BUSINESS Resolution #C-379-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Mayor Abernethy be thanked for presenting the 2009 Awards for Academic Excellence to Clarington Elementary and Secondary School students. "CARRIED" Resolution #C-380-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Frank Lockhart be thanked for attending the Council meeting of June 15, 2009, and accepting the Senior of the Year Award. "CARRIED" Resolution #C-381-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Harriet Philips, Ph.D., SENES Consultants Limited, regarding the Peer Review of Site Specific Human Health and Ecological Risk Assessment for the proposed Energy-From-Waste facility, be received with thanks. "CARRIED" Council Meeting Minutes - 29 - June 15, 2009 Resolution #C-382-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the presentation of Christopher Ollson, Ph.D., and Jim McKay, Jacques Whitford, regarding the Site Specific Human Health and Ecological Risk Assessment for the proposed Energy-From-Waste facility, be received with thanks. "CARRIED" BY-LAWS Resolution #C-383-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-078 to 2009-086 inclusive; 2009-078 Being a By-law to amend Zoning By-law 2005-109 of the Municipality of Clarington (Karin Dieter) 2009-079 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Dunbury Developments (Courtice) Ltd.) 2009-080 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Carole Soucie, Daniel Shohdy and William Brookes) 2009-081 Being a By-law to approve the expropriation of portions of Part Lots 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham by the Council of the Municipality of Clarington as the approving authority under the Expropriations Act, and to authorize the Mayor and Municipal Clerk to execute a Certificate of Approval under the aforesaid Act 2009-082 Being a By-law to authorize the Mayor and Municipal Clerk to execute the Certificate of Approval attached as Schedule B to this By-law 2009-083 Being a By-law to expropriate portions of Part Lots 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham pursuant to the Municipal Act, 2001, S.O. 2001 Council Meeting Minutes - 30 - June 15, 2009 2009-084 Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of portions of Part Lots 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham 2009-085 Being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute Minutes of Settlement with Bowmanville Creek Developments Inc. and an Option Agreement to purchase certain lands 2009-086 Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the leased space at 26 Beech Street, Bowmanville, ON; and THAT the said by-laws be now read a first, second and third time and finally approved. NOTICE OF MOTION "CARRIED" There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION There was no Other Information introduced under this section of the Agenda. CONFIRMING BY-LAW Resolution #C-384-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-087, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15t" 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 - 31 - June 15, 2009 ADJOURNMENT Resolution #C-385-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 11:09 p.m. "CARRIED"