Loading...
HomeMy WebLinkAbout07/13/2009 Council Meeting Minutes JULY 13, 2009 Minutes of a regular meeting of Council held on July 13, 2009, at 7:07 p.m., in the Council Chambers. Prior to the start of the meeting, a moment of silence was observed to acknowledge Private Alexandre Peloquin, Corporal Martin Dube, Corporal Nicholas Bulger, Master Corporal Charles-Phillipe Michaud, Corporal Martin Joannette and Master Corporal Patrice Audet, Canadian soldiers fallen in the line of duty in the last month. Councillor Trim led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Absent: Councillor A. Foster (due to vacation) Also Present: Chief Administrative Officer, F. Wu Manager of Transportation and Design, L. Benson, attended until 11:34 p.m. Director of Community Services, J. Caruana, attended until 11:34 p.m. Solicitor, D. Hefferon Manager of Special Projects, F. Langmaid, attended until 11:34 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 11:34 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11:34 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 11:34 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 11:34 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Staff Report #2. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Staff Report #6. Council Meeting Minutes - 2 - July 13, 2009 ANNOUNCEMENTS Councillor Novak announced that she, along with Councillors Hooper, Trim and Woo attended the Lakeridge Health Corporation’s Annual General Meeting. Councillor Novak was pleased to acknowledge that things are moving in the right direction. Councillor Woo announced that local artist, Anastasia Tiller, is exhibiting “Tapestry of sentimenT”, on display at Art space on the mezzanine level of the Clarington Public Library, Bowmanville Branch from July 6 to August 1, 2009. th Mayor Abernethy announced the Mayor’s 4 Annual Golf Tournament will be held on July 16, 2009, at the Bowmanville Golf and Country Club. Mayor Abernethy advised that sponsorships are still available and that funds raised will support the new Ganaraska Forest Centre. MINUTES Resolution #C-424-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on June 29, 2009, be approved. “CARRIED AS AMENDED” (See following motion) Resolution #C-425-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Resolution #C-413-09 on Page 26 of the June 29, 2009, Council minutes, be amended to replace the name of Councillor Trim with the name of Councillor Hooper, and to replace the name of Councillor Robinson with the name of Councillor Foster. “CARRIED” The foregoing Resolution #C-424-09 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 3 - July 13, 2009 PRESENTATIONS Dan Remollino, MTO Project Manager and Doug Allingham, Consultant Project Manager, 407 Project Team - 407 East Environmental Assessment & Preliminary Design Study addressed Council to provide a status update on the 407 East Environmental Assessment & Preliminary Design Study. Mr. Allingham introduced Dean Kemper, Preliminary Design Manager for the project through Clarington. Mr. Allingham acknowledged that the study is comprehensive, complex and has been carried out in a relatively short timeframe and expressed appreciation to Council and staff for their cooperation. Through use of a PowerPoint presentation, Mr. Allingham reviewed the Preliminary Design Activities, noting the Draft EA report and associated reference documents are complete and available for a five-week review period, with comments requested by July 20, 2009. Mr. Allingham provided background information on the recommended design, indicating the Mainline from Brock Road to Highway 35/115 is approximately 50 kilometres, there are north-south freeway links connecting the proposed extension to Highway 401, each 10 kilometres in length, and a 60m Right-of-Way protection for a dedicated transitway. Mr. Allingham provided a status review of the pre-submission document. He noted there are three components to the report with Volume 1: Main Report - Executive Summary and 12 Chapters, Volume 2: Appendices; and, reference documents. He highlighted the information contained in the 12 significant chapters and outlined documents included as appendices and reference documents. Included in the reference documents are the Problems and Opportunities Report, Transportation Alternatives Report, Route Alternatives Report, Route Refinements and Preliminary Design Alternatives Report, Impact Assessment Reports, Consultation Record and Natural Environment Field Investigation Report. Next steps in the process will include revising and finalizing the EA Report and reference documents as appropriate, taking into consideration input received, submitting the Final EA Report to the Minister of the Environment for Formal Review and approval this summer. Once the final EA has been submitted, written comments will be sent directly to the Ministry of the Environment Project Officer with copies to the Ministry of Transportation. Mr. Allingham noted the formal Ministry of the Environment review process will encompass a minimum of 31 weeks based on no timeouts. He also advised a Federal Screening Report is in the process of being created with the submission of a draft report to CEAA in mid-July and a target date for completion of a Final Report in August, 2009. Mr. Remollino provided information on the implementation process, noting in January 2009, the Province announced that it will retain ownership and control of the 407 Eastern Extension and that the extension will be tolled to facilitate construction/ maintenance and free up funds for other transit projects. He stated a key message from the announcement is that the Province has learned valuable lessons from experience, that the tolling will be regulated and there will be a high quality of customer service. Mr. Remollino stated that work is being done with respect to implementation but that no final decisions have been made at this time. He noted that the implementation is subject to the required environmental approvals, property acquisition and completion of necessary works, with the objective of a 2013 opening. Council Meeting Minutes - 4 - July 13, 2009 Mr. Remollino stated beyond the EA stage they will continue to consult with stakeholders during the review and approval process, meet with municipalities, regulatory agencies and the public, continue with field work and undertake design elements to support implementation as the project proceeds. Once EA approval has been received, consideration will be given to starting the expropriation process. Mr. Remollino echoed the comments of Mr. Allingham thanking Council and staff for their cooperation during the process. Angie Darlison, Executive Director, and Peter Evans, President, Clarington Older Adult Association, addressed Council to present the findings of the 12-Month Parking Project. Through use of a PowerPoint presentation, Ms. Darlison and Mr. Evans reviewed the Association’s efforts over the last 12 months responding to Municipal staff parking recommendations and presented the Association’s findings, conclusions and recommendations. Mr. Evans acknowledged that the Association has worked through the list of municipal potential solutions including signage, car pooling, other transport modes, parking on the grass, the use of parking attendants, flexible programming and Bowmanville Tennis Club contingency parking. Mr. Evans stated the Beech Centre has had many sold-out special events where the car park was filled to overflowing. He stated the original parking study had suggested that some members were not aware of parking in the south parking lot, and in response, various signage was installed, portable signs were used and information was posted on the electronic notice board. Mr. Evans stated an extensive carpool campaign included COAA newsletter articles, reminders on event tickets, electronic notice board updates, membership carpool surveys and the adoption of a distinctive logo “It’s Cool to Carpool”, noting the Board was pleased overall with the carpooling outcome. Other modes of transport were encouraged noting that walking was limited to physically able residents who live nearby and was dependent on weather conditions, the Association did not have success with securing Durham Region Transit service rerouting closer to the Centre, drop offs were not available to most members and that taxicab service was expensive. In response to parking on the grass, Mr. Evans noted it created up to 30 overflow spots but was not available during the winter and spring months and that uneven terrain was cause for concern with the risk of slipping, tripping and falling and parking on the grass was not popular with the neighbours. He confirmed that the use of parking attendants was a positive experience that will be continued; noting however, that there is difficulty at times securing volunteers and it requires significant staff involvement and coordination. Mr. Evans noted tandem/valet parking was successful for event and kitchen volunteers year round; however, it was not suitable for general membership use. With respect to flexible programming, Mr. Evans advised that parking capacity was introduced as a parameter in program scheduling, daily parking requirements of regular programs were more evenly spread, anticipated additional program space will enable staggered class start times and that the use of satellite programming was helpful. Mr. Evans also stated that the Bowmanville Tennis Club was provided with a listing of COAA events with some non-compliance issues encountered. Mr. Evans advised there is still a parking capacity shortfall with only 77 on-site parking spots and with successful carpooling and other transportation modes, the present car park can accommodate only 150 attendees and there is a need to accommodate 250 people at the Centre during frequent high attendance events. Council Meeting Minutes - 5 - July 13, 2009 There is inadequate overflow parking for six months of the year. Mr. Evans urged Council to commit to developing a permanent solution to the parking shortfall, that the solution not encroach on green space, that the existing tennis court be the preferred option and that the Bowmanville Tennis Club be afforded the opportunity to relocate. Mr. Evans stated he believes that the Clarington Older Adult Association will be located at the Beech Centre for many years to come and urged Council, on behalf of their 1000 members, to accept the report in the spirit it is given and to develop an engineered solution to the parking problems at the Beech Centre. DELEGATIONS Linda Gasser addressed Council concerning Item 5 of Report #1 - Report PSD-071-09 - Durham/York Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission. Ms. Gasser expressed concern with changes to staff Recommendations 2 and 3 of Report PSD-071-09 which were provided by memorandum to Council at the General Purpose and Administration Committee meeting on July 6, 2009, in order to be consistent with the Host Community Agreement. Ms. Gasser stated public, staff and peer review comments have improved and strengthened the EA documents and are a benefit to the Project Team and proponents. She is concerned that the amendment terminates staff and peer reviewer pre-submission work, although many items are still outstanding; precludes staff and peer reviewers from reviewing the final EA documents to ensure that suggested changes were included; precludes responding to post submission issues, sends the message that Clarington Council is not committed to ensuring that the proponents and/or the Ministry of the Environment properly address issues of concern to the municipality or build a safe facility; exposes the public and the corporation to unidentified risks; and, wastes taxpayers money spent to date by not allowing staff and peer reviewers to continue with important phases. Ms. Gasser urged Council to defeat the GPA amendments and to reinstate the original staff recommendations to permit staff and the reviewers to complete their work on the EA. Ted Bounsall addressed Council, on behalf of the Bowmanville West Beach Association, representing seven seasonal cottage owners, concerning Correspondence Item D – 4 - Expropriation of the Port Darlington Harbour Company Lands. Mr. Bounsall stated the cottage owners lease their land from the Port Darlington Harbour Company and are hoping that they will continue to be able to lease their cottage land from the municipality following the expropriation. Mr. Bounsall stated the cottage owners’ lots represent only 19% of the entire area and they have no objection to the development of the rest of the lands into parkland, and in fact, could provide a sense of security and be the eyes and ears of the park. Mr. Bounsall confirmed that all cottage-owners have insurance coverage and that they will continue to maintain coverage and this could be a requirement of any lease agreement. Council Meeting Minutes - 6 - July 13, 2009 Jean Severs addressed Council concerning Correspondence Item D – 4 - Expropriation of the Port Darlington Harbour Company Lands. Ms. Severs spoke personally of the history and what the west beach community, which has existed for over a century, means to the cottage owners. She stated at one time there were 32 cottages, noting some cottagers have been coming to the beach for 60 to 80 years. Ms. Severs stated cottage owners clear the beach of debris, cut grass, rake around the buildings, and plant gardens. She stated because they treasure their time at the beach, the owners were hoping to continue to use their cottages in the summer at least until the park is developed and would cooperate fully with the municipality. Gabbie Kirkwood and Clarke Morawetz addressed Council concerning Correspondence Item D – 7 – Petition – “Save Camp 30”. Ms. Kirkwood stated she started a small Facebook group to generate interest in saving Camp 30 and developed a petition which she placed in local shops for three weeks. During that period 700 people signed the petition in support of saving the historically significant camp. Ms. Kirkwood feels the preservation of the site would benefit tourism and real estate and expressed concern that future generations will not be able to experience the site and learn Canadian history if historical sites are destroyed. Ms. Kirkwood requested Council to consider preserving the land that played a role in Canada’s freedom and to request that the Kaitlin Group sever the land to preserve Canada’s heritage. Ms. Kirkwood submitted a petition in support of Saving Camp 30. Clarke Morawetz, President, Architectural Conservancy of Ontario, Clarington Branch, addressed Council advising he represents a new group attempting to save Camp 30 and advised their next meeting will be held on July 22, 2009, at the Sara Jane Williams Heritage Centre. Linda Gasser addressed Council concerning Item 3 of Business Arising from Notice of Motion - Tabled Resolution #C-015-09 – “NoWaste by ’38 Plan”, questioning the merits of the tabled motion as Mayor Abernethy had stated to the media that the motion was not intended to put any policies in place; but Ms. Gasser notes that the motion addresses matters that would require many policy changes at all levels of government. Ms. Gasser responded to individual points outlined in the motion indicating that developing a waste management strategy after incineration will be too late and that the Province and the general public will not have confidence in the Region to develop such a strategy given their decision to approve incineration, the most expensive disposal option, and to refuse to consider cheaper, more sustainable and flexible strategies. Ms. Gasser urged Council to defeat the motion and advised that she and many others will continue to press the Province, Durham Region and Clarington Council for genuine Zero Waste strategies that avoid incineration. Council Meeting Minutes - 7 - July 13, 2009 Resolution #C-426-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended and that Louis Bertrand be permitted to address Council regarding Item 5 of Report # 1, specifically with respect to Attachment #14 of Report PSD-071-09 - Durham/York Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission. “CARRIED” Louis Bertrand addressed Council concerning Item 3 of Business Arising from Notice of Motion Tabled Resolution #C-015-09 – “NoWaste by ’38 Plan” stating he is baffled as to why this motion is being brought forward at this time, in advance of a staff report and noting that the report presented to the Region by Golder Associates in 2009 has a plan to achieve 70% by 2011. Mr. Bertrand stated successful waste reduction programs depend on consultation with the public and questioned how the Municipality and the Region will convince the public that there will be frank and open discussion. Mr. Bertrand stated incineration is the most costly and least flexible way of dealing with residual waste and is incompatible with a Zero Waste Strategy. He encouraged Council to investigate reduction as the way forward, as diversion is an end-of-life solution. Louis Bertrand addressed Council concerning Item 5 of Report # 1, specifically with respect to Attachment #14 of Report PSD-071-09 - Durham/York Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre- Submission. He expressed concern that there were 31 items that should be followed- up and checked in the final report and questioned how these items will be addressed to the satisfaction of the reviewers if they are not able to check the final submission. Mr. Bertrand noted there were several items the reviewers insisted should be in a separate report. Mr. Bertrand acknowledged that most of the review points do not substantially change the report, but that the job is not finished and stated that doing due diligence can never be construed as opposition to a project. Wendy Bracken addressed Council concerning Item 5 of Report #1 - Report PSD-071- 09 - Durham/York Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission stating that she is outraged that recommendations in the staff report were changed from adopting the report, including the attachments, to simply referring the report to the Region and the Ministry of the Environment, and by deleting recommendation 3 of the original report, staff and peer reviewers have been shut down at a critical phase of assessment with many outstanding issues needing to be addressed. She questioned what would motivate Council to cut short the work of Clarington’s own peer reviewers, noting the intent was to check the work of the Project Team and disagreed with the rationale provided by the Chief Administrative Officer that the changes made were necessary as Clarington, as a willing host, cannot oppose the project. Council Meeting Minutes - 8 - July 13, 2009 Ms. Bracken stated the Host Community Agreement is outside of the Environmental Assessment process and that Clarington must do its due diligence and complete the peer review. She stated there are outstanding concerns and items that the peer reviewers were not satisfied with the response received from the Project Team. Ms. Bracken urged Council to reject the amendments and adopt and strengthen the original staff recommendations. Terry Tiller advised prior to the meeting that he would not be addressing Council. Resolution #C-427-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Rules of Procedure be suspended to permit the PowerPoint presentation of Doug Anderson to be installed on the Council Lectern Computer. “CARRIED” Resolution #C-428-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 9:14 p.m. Doug Anderson addressed Council concerning Item 3 of Business Arising from Notice of Motion - Tabled Resolution #C-015-09 – “NoWaste by ’38 Plan”. Mr. Anderson commended Mayor Abernethy for proposing the motion which matches what the public has been advocating for the past two or more years, namely, zero waste. Through use of a PowerPoint presentation, Mr. Anderson highlighted findings of the Deloitte Business Case which had postponed the Region’s targeted 70% diversion rate to 2020 which effectively guarantees the 100,000 tonnes of waste per year required to keep the incinerator operational. Mr. Anderson expressed concern with the Deloitte case noting that if the 70% diversion rate is achieved by 2010, the projected tonnage is less than 100,000 tonnes. Mr. Anderson stated increased diversion is incompatible with incineration and he will be submitting his comments to the Ministry of the Environment as part the Environmental Assessment process. Mr. Anderson expressed concern that the Golder and Associates Report presented to Regional Council detailing a plan to achieve 72.7% waste diversion by 2013 was shelved and the focus was placed on incineration. Mr. Anderson expressed support for the motion, but felt it was unfortunate it was not adopted back in January. Council Meeting Minutes - 9 - July 13, 2009 Kerry Meydam addressed Council concerning Correspondence Item I - 6, Item 5 of Report #1, and Items 1 & 3 of Business Arising from Notice of Motion - Energy-From- Waste. Ms. Meydam applauded Council for attempting to keep St. Marys Cement from burning Toronto garbage in any form but questioned why restrictions have not been placed on other municipality’s refuse. She also questioned the rationale for Council to approve the incinerator Environmental Assessment before all reports and peer reviews were completed. Ms. Meydam expressed concern with the lack of any studies regarding how the incinerator will impact on Lake Ontario by adding more dioxins, furans, mercury and heavy metals. She also wondered why the burning of restricted types of waste by St. Marys Cement was of such concern to Council when burning of plastics, hazardous waste, etc. will end up in the incinerator. Ms. Meydam confirmed that she is not in support of the St. Marys Pilot Project and has supported the Municipality’s attempts to stop it through the present zoning restrictions but that she is concerned with the overall issue and not just Toronto’s garbage. Bert Kortekaas addressed Council concerning Item 5 of Report #1- Report PSD-071- 09 - Durham/York Residual Waste Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-Submission. Mr. Kortekaas expressed concern with the capacity numbers mentioned in Report PSD-071-09 referencing 400,000 tonnes per year and feels that it would be a grave mistake to adopt the report and to agree to any motion which would preclude Clarington Council’s involvement in any future incinerator-related matters or concerns. Mr. Kortekaas stated Council still has time to stand firm and protect the right of citizens to live in a clean environment with as little risk as possible and to protect the atmosphere for future generations. Resolution #C-429-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended and that Kristin Robinson be permitted to address Council concerning Item 1 of Business Arising from Notice of Motion - Burning of Toronto Garbage at St. Marys Cement Plant. “CARRIED” Kristin Robinson addressed Council concerning Item 1 of Business Arising from Notice of Motion - Burning of Toronto Garbage at St. Marys Cement Plant. She expressed concern that St. Marys will be burning plastics that produce toxic emissions and feels that public health is more important than an experiment. She also questioned why the Host Community Agreement includes a clause that Clarington will receive $10 per tonne for burning Toronto garbage and suggested that the Municipality not burn any garbage at all. Council Meeting Minutes - 10 - July 13, 2009 COMMUNICATIONS Resolution #C-430-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 7, I - 9, I - 10, I - 12, I - 15, I - 20, I - 23, and I - 24. “CARRIED” I - 1 Minutes of the Energy-From-Waste Site Liaison Committee dated May 20, 2009. I - 2 Danielle Colliver, Community Relations Assistant, Kawartha Conservation, forwarding informational materials regarding Drinking Water Source Protection, a program initiated in 2006 to protect sources of drinking water for the future, and a copy of the "Update on Conservation", Kawartha Conservation's Newsletter, Summer 2009. I - 3 Peter Marcucci, V.P. Regulatory Affairs, Electrical Safety Authority (ESA), advising of the increasing number of inadvertent shock incidents caused by faulty electrical wiring in street lights; reminding Ontario municipalities that it is their responsibility under the Ontario Electrical Safety Code (OESC) to maintain their street lighting poles and inspect for potential hazards; recommending that all municipalities examine their street lighting assets to ensure they are safe; and, inviting staff to a symposium on August 20, 2009 on street lighting issues to provide a forum to ask questions and learn from the experience of other municipalities. Additional information is available at www.esasafe.com. I - 4 Roger Anderson, Regional Chair, Regional Municipality of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, congratulating the Province on moving forward with the Green Energy Act, welcoming the creation of the Renewable Energy Facilitation Office as mandated under the Act; highlighting the advantages of locating the Facilitator's Office in Durham and advising that the Region is an ideal location to nurture and grow the new crop of green technologies and industries; indicating that Durham Region has many excellent locations across the Region to locate the Facilitator's Office; and, hoping the Province will recognize the advantages of locating the Facilitator's Office in Durham Region and inviting the Premier to discuss the possibility further. Council Meeting Minutes - 11 - July 13, 2009 I - 5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24, 2009, Regional Council adopted the following resolution pertaining to the Draft Waste Management By-law Consultation Plan: "a) THAT staff be directed to implement the consultation process as outlined in Report No. 2009-WR-11 of the Commissioner of Works with the area municipalities, the residents of The Regional Municipality of Durham, and other stakeholders to receive input on the development of a Regional Municipality of Durham Waste Management By-law; and b) THAT staff report back in the Fall of 2010 with a proposed Regional Municipality of Durham Waste Management By-law based on the input of the consultation process." 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; requesting Council to think of the health of future generations; requesting Council to read and sign the petition: Stop the Durham Region Incinerator at http://www.thepetitionsite.com/tell_a_firend/4591382 and, urging Council to support more environmentally sustainable and fiscally responsible alternatives: a) Nancy Coffin b) Suzanne Prescott and Family c) Christine Jackson d) Adrian Horan e) Kim Broll f) Doug and Ellen Simpson g) Nancy Gifford h) Betty Crozier I - 8 Lynn Bury, Director, Marketing and Recruitment, HealthForceOntario Marketing and Recruitment Agency, advising as part of the Community Partnership Program, the Agency is presently hiring a partnership coordinator to work in each Local Health Integration Network (LHIN) area to support and augment the work of the community recruiters and health care organizations in physician recruitment and health human resources planning; introducing Amanda English, the Central East LHIN Partnership Coordinator, who brings an impressive portfolio of public and private sector experience to the position, with a particular emphasis on the heath care industry; and, advising that Amanda can be reached at a.english@healthforceontario.ca or 416-573-0211. Council Meeting Minutes - 12 - July 13, 2009 I - 11 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24, 2009, Regional Council adopted the following resolution pertaining to an Application to amend the Durham Regional Official Plan to permit a golf driving range facility in the prime agricultural areas designation in the Municipality of Clarington - Amendment #130 to the Durham Regional Official Plan: "a) THAT Amendment #130 to the Durham Regional Official Plan to permit a golf driving range facility, as contained in Attachment 2 to Report #2009-P-44 of the Commissioner of Planning, be adopted; b) THAT written notice of the above decision be given pursuant to the provisions of the Planning Act, as amended: and c) THAT a copy of Report #2009-P-44 be forwarded to the Municipality of Clarington, and the Ministry of Municipal Affairs and Housing." I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24, 2009, Regional Council adopted the following resolution pertaining to revisions to the Sewer Use By-law (43-2004) to explicitly address the connection of foundation drains and private drains to the sanitary sewer system: "a) THAT Sewer Use By-law #43-2004 be revised to explicitly address the connection of foundation drains and private drains to the sanitary sewer system; b) THAT the foundation Drain Policies, as outlined in Attachment No. 2 to Report No. 2009-W-61 of the Commissioner of Works, outlining The Regional Municipality of Durham's policies and by- laws be issued to local municipalities within the Regional Municipality of Durham for public display; and c) THAT a copy of Report No. 2009-W-61 be forwarded to the local municipalities within the Regional Municipality of Durham." Council Meeting Minutes - 13 - July 13, 2009 I - 14 Suzanne Osborne, Participant Funding Program, Canadian Environmental Assessment Agency, advising $150,000 is available under the Agency’s Participation Funding Program to assist groups or individuals in participating in the environmental assessment of the proposed Darlington New Nuclear Power Plant Project at the existing Darlington Nuclear site to help successful applicants review the Environmental Impact Statement (EIS) that will be prepared by the proponent and to prepare and participate in the public hearings to be announced at a later date. The Participant Funding Program Guide, the application form and the contribution agreement are available on the Agency’s Web site at www.ceaa-acee.gc.ca. Applications received by July 20, 2009, will be considered. I - 16 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 24, 2009, Regional Council adopted the following resolution pertaining to Energy-From-Waste (EFW) Risk Assessment and Environmental Surveillance: “a) THAT the final Site Specific Human Health Risk Assessment (SSHHRA) for the proposed 140,000 tonnes EFW facility is accepted and submitted to the Ontario Ministry of the Environment for its review, if and when the EFW environmental assessment is approved, subject to it being in concordance with the caveats expressed in Appendix D of Report #2009-COW-01; b) THAT if the EFW environmental assessment is approved and the proposed EFW facility is constructed, once operational, an environmental surveillance program is implemented in accordance with all applicable legislation, policies, guidelines, and instruments and the following guiding principles: i) THAT continuous and periodic stack testing of chemical emissions, including dioxins and furans, that meet or exceed the more stringent of the Ontario Guidelines A-7 and EU Directive chemical emissions standards forms the basis of environmental surveillance in accordance with the International Best Practices Review, ii) THAT stack testing be supplemented by independent ambient air and soil testing for a minimum of three years at which time its effectiveness will be evaluated, iii) THAT independent testing of flora and fauna be considered if in-stack, ambient air and soil test results regularly exceed levels predicted by the SSHHRA, Council Meeting Minutes - 14 - July 13, 2009 iv) THAT stack testing not be supplemented by human biomonitoring, and further that in the future human biomonitoring not be precluded as an option; v) THAT the environmental surveillance results are communicated to the public in as an accessible, accurate, open, timely, transparent, and understandable a manner as possible, vi) THAT a Durham waste diversion and management advisory committee, or similar advisory group, which is appointed by and is accountable to the Regional Council, is in place to act as a forum for, and comprises Clarington and Durham residents and representatives from Clarington; the EFW facility, Ontario Ministry of the Environment (MOE), and the Region of Durham to access, monitor, review, and advise the Region on the effectiveness of the environmental surveillance program, independent environmental testing, the quality of public reporting of environmental performance of the facility, and other related strategic waste diversion and management issues, vii) THAT the Health Department is consulted by the MOE before it finalizes its requirements for the Region’s environmental surveillance program; c. THAT the Region continue to pursue the goal of 70% waste diversion and to advocate for amendments to the Waste Diversion Act, 2002 to be enacted and implemented; d. THAT the Region adequately supports the environmental surveillance program independent environmental testing, the public reporting of environmental surveillance data, and the work of the proposed Durham waste diversion and management advisory committee; e. THAT the Minister of the Environment, Durham’s MPPs and municipalities, Joint Waste Management Group, Site Liaison Committee, and the Regional Municipality of York be so advised.” I - 17 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 24, 2009, Regional Council adopted the following resolution pertaining to the Host Community Agreement – The Regional Municipality of Durham and the Corporation of the Municipality of Clarington: Council Meeting Minutes - 15 - July 13, 2009 “a) THAT the Host Community Agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington be approved; and b) THAT the Regional Chair and Clerk be authorized to execute all required documents.” I - 18 John R. O’Toole, MPP, Durham, thanking Council for keeping him informed of the Highway 407 East EA and Preliminary Design Study Pre-Submission Review; advising that due to previous commitments th he will not be able to attend the July 6 General Purpose and Administration Committee meeting; and, reiterating his disappointment that the 407 North/South connecting link is not integrated with Holt Road. I - 19 John R. O’Toole, MPP, Durham, providing an update regarding nominations for the Leading Girls Building Communities Award, an Award recognizing young women who demonstrate exceptional leadership to improve the lives of others and champion issues that lead to positive social change in their schools, communities or province. Mr. O’Toole advises that the nominations will take place in the Fall of 2009, and that he will keep the municipality informed of any additional information provided by the Honourable Deb Matthews, Minister Responsible for Women’s Issues. I - 21 John R. O’Toole, MPP, Durham, forwarding a copy of a news release from the Ontario Health Coalition regarding their report “Putting Patients At Risk: Interviews with Ontario Paramedics on the Consequences of Closing Local Hospital Emergency Departments”; advising that all paramedics interviewed stated that ambulances cannot replace the functions provided in local hospitals’ emergency departments; and, forwarding a copy of a summary of the report advising he would be pleased to forward a copy of the full report if requested and that further information is available at www.ontariohealthcoalition.ca. I - 22 John R. O’Toole, MPP, Durham, forwarding a copy of his correspondence to the Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, supporting the Municipality’s position to request that Giant Hogweed be added to the list of noxious weeds to enable municipalities to better control the highly invasive plant. Council Meeting Minutes - 16 - July 13, 2009 I - 25 David Ryan, Chair, Canadian Association of Nuclear Host Communities (CANHC), writing to the Honourable Lisa Raitt, Minister of Natural Resources, acknowledging the recent occurrence at the AECL Chalk River Laboratory and its subsequent temporary closure and potential shortage of radioisotopes for medical diagnoses and treatment; recognizing that AECL was provided the mandate to continue this business only until 2016 and expressing concern that the Canadian Government may get out of the business of producing medical radioisotopes and ultimately forsake nuclear research entirely; urging the Federal Government not to abandon its role in nuclear technology and respectfully requesting that the Federal Government commit to the continuous operation of the Chalk River Facility beyond 2016, and work towards restoring the confidence of all involved in the nuclear industry. I - 7 Leigh Winn-Kruck, Lakeridge Health Corporation, forwarding a copy of the statement read by Dr. Tony Stone at the Clarington Council meeting of June 15, 2009, confirming that Bowmanville Hospital will continue to provide the same quality service it currently provides and that there will be no reduction of services; that Dr. Stone or Kevin Empey, President and CEO, Lakeridge Health Corporation only will make public comments as discussions continue; and, requesting that all citizens, service clubs, business and industry of Clarington pledge their financial support for the Hospital Foundation as they move forward with much needed renovations to the hospital. I - 12 Tony Doyle, University of Ontario Institute of Technology (UOIT), Leigh Winn-Kruck, Lakeridge Health Corporation, (LH) and Dr. Ronald Stead, Holburn Biomedical Corporation, announcing that UOIT, LH and Holborn have signed a Letter of Intent to enter into a lab training and research partnership to develop research and training centred on laboratory diagnostics to meet future needs for enhanced skill sets required in modern medical laboratories. In addition to further enhancing medical education and research in Durham Region, it is also anticipated that the partnership will help attract other health care and research-oriented businesses to the area. I - 24 The Honourable David Caplan, Minister of Health and Long-Term Care, thanking Council for sharing their views regarding acute care services at Lakeridge Health Bowmanville; acknowledging the commitment of Lakeridge Health Corporation to keep the Emergency Department and acute care services at the Bowmanville hospital site; and, encouraging Council to continue to engage Lakeridge Health and the Central East LHIN on services for Clarington. Council Meeting Minutes - 17 - July 13, 2009 Resolution #C-431-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I - 7 from Leigh Winn-Kruck, Lakeridge Health Corporation, with respect to the future of Lakeridge Health Bowmanville, be received for information; and forwarded to Amanda English, Central East LHIN Partnership Coordinator; THAT Correspondence Item I - 12 from Tony Doyle, University of Ontario Institute of Technology (UOIT), Leigh Winn-Kruck, Lakeridge Health Corporation, (LH) and Dr. Ronald Stead, Holburn Biomedical Corporation, with respect to medical diagnostics research and training partnership opportunity, be received for information; and forwarded to Amanda English, Central East LHIN Partnership Coordinator; and THAT Correspondence Item I - 24 The Honourable David Caplan, Minister of Health and Long-Term Care, with respect to acute care services at Lakeridge Health Bowmanville, be received for information; and forwarded to Lakeridge Health Corporation and to Amanda English, Central East LHIN Partnership Coordinator. “CARRIED” I - 9 Fred and Sandy Archibald, Archibald Estate Winery/Cider House Golf, expressing appreciation to Council, on behalf of Big Brothers/Sisters of Clarington and Archibald Orchards & Estate Winery, for supporting the 10th Annual Fruit Wine & Food Festival, an annual culinary tourism event showcasing the talent of local chefs, wine makers, farmers and businesses; indicating that nearly $60,000 was raised for Big Brothers and Sisters programs in the community; and advising that this was also their last year and commending the Municipality for recognizing the importance of offering this type of support to local initiatives and looking forward to working together on events such as this and continuing to build "Spirit & Community Identity" for Clarington. Resolution #C-432-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I – 9 from Fred and Sandy Archibald, Archibald th Estate Winery/Cider House Golf, with respect to the 10 Annual Fruit Wine and Food Festival, be received for information; and Council Meeting Minutes - 18 - July 13, 2009 THAT a letter of appreciation and certificate be forwarded to Fred and Sandy Archibald in recognition of their outstanding contribution to Big Brothers and Big Sisters of Clarington and support of the local agricultural community local culinary talents. CARRIED” I - 10 Natalie Gorman, Ministry of Natural Resources, advising that the Province will begin its annual wildlife rabies control operations for 2009 on August 4, 2009; highlighting planned activities for the 2009 season to control measures in the fight against the deadly rabies virus; and, indicating further information about rabies prevention and control operations is available by visiting the Rabies in Ontario web site at www.ontario.ca/rabies or by calling the rabies hotline at 1-888- 574-6656. Resolution #C-433-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item I - 10 from Natalie Gorman, Ministry of Natural Resources, with respect to Annual Rabies Control Operations, be referred to the Clarington Animal Advisory Committee, included in the Clarington.net publication, and placed on the Information Board. “CARRIED” I - 15 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 24, 2009, Regional Council adopted the following resolution pertaining to approvals for the design, construction, operation and maintenance of a new Durham-York Energy-From- Waste (EFW) Facility Project and Related Financing: “Environmental Assessment 1. THAT Council endorse the Durham – York Residual Waste Study Environmental Assessment (EA) as provided in Attachment #7 to Report #2009-COW-03 and the accompanying disk (CD), and authorize staff to submit the EA to the Ministry of the Environment by July 31, 2009, subject to such minor adjustments as deemed necessary by the Commissioner of Works, based upon the on-going process, including preliminary review of documentation by the Ministry of the Environment. Council Meeting Minutes - 19 - July 13, 2009 2. THAT in accordance with Subsection 6.2(2) of the Environmental Assessment Act, the Commissioner of Works be authorized to amend or withdraw this EA at any time prior to the deadline for completion of the Ministry review in the event that issues have arisen with the EA during the inspection period which are too numerous or complex to resolve within the regulated timelines. EFW Project Agreements The Regional Municipality of York 3. THAT authorization be given for the Region of Durham to enter into the Memorandum of Understanding (MOU) with the Region of York, included as Attachment #1 to Report #2009-COW-03, to govern the process and cost sharing arrangement between the Regions during the design, construction, operation and maintenance of the EFW facility; 4. THAT the Regional Chair and Clerk be authorized to sign the documents necessary to give effect to recommendation 3. 5. THAT staff be directed to commence negotiations of a formal co- owners agreement with the Regional Municipality of York based upon the commitments and understandings contained within the Memorandum of Understanding (MOU) with the Region of York, included as Attachment #1 to Report #2009-COW-03. Ontario Power Authority (OPA) 6. THAT subject to and conditional upon, (i) the acceptance of the Durham – York Residual Waste Study EA by the Minister of the Environment; (ii) the execution by York Region of the proposed MOU included as Attachment #1 to Report #2009-COW-03; and (iii) Approval of the execution of the Project Agreement by the Regional Council of the Regional Municipality of York: a. THAT authorization be granted for the Region to enter into a Power Purchase Agreement (PPA) with the Ontario Power Authority (OPA), substantially on the terms described herein, including an agreed upon price for the net electricity distributed to the grid of eight (8) cents per kilowatt hour (kWh), subject to annual escalation to be applied to 35% of the per kWh price based upon changes in the Consumer Price Index (CPI) as calculated from the first anniversary of facility operations, and for each year of the 20-year term; Council Meeting Minutes - 20 - July 13, 2009 b. THAT the Commissioner of Finance be authorized to provide completion and performance security described in the PPA, up to a maximum of $660,000, when required upon execution of said agreement, to the OPA; and, c. THAT the Regional Chair and Clerk be authorized to sign any and all documents necessary to give effect to this recommendation. Project Approval, Cost and Financing Approval 7. THAT subject to and conditional upon, (i) the acceptance of the Durham – York Residual Waste Study EA by the Minister of the Environment; (ii) the execution by York Region of the proposed MOU, included as Attachment #1 to Report #2009-COW-03; (iii) a satisfactory conclusion to the negotiation of the Project Agreement with Covanta Energy Corporation on terms consistent with the requirements of RFP-604-2008, as determined by the Commissioners of Works and Finance; (iv) approval of the Power Purchase Agreement as per recommendation 6; and, (v) Approval of the execution of the Project Agreement by the Regional Council of the Regional Municipality of York: a. THAT the Proposal submitted by Covanta Energy Corporation, in response to RFP-604-2008 to design, build, operate and maintain an Energy-From-Waste Facility, be accepted at a facility construction price (excludes architectural enhancements) of $235.8 million (Durham’s share $185.3 million) and a total annual operating fee of $14.7 million (Durham’s share $11.5 million), excluding GST and escalation; b. THAT Durham’s share or $214.7 million of the total project cost of $272.5 million for the Durham – York Energy-From- Waste facility be financed as follows: i. Up-front financing of approximately $100.0 million from the Region’s Federal Gas Tax Reserve Fund; ii) Other Revenue of approximately $1.6 million (sale of surplus land) iii) Debentures issued for the remaining financing requirements totaling approximately $113.1 million with a term of approximately eight (8) years; and, iv) The Region apply future Federal Gas Tax revenue estimated at $17.3 million per year to retire the debt related to its share of the project cost as noted above. Council Meeting Minutes - 21 - July 13, 2009 c. THAT the Region of Durham or its agents be authorized to issue debentures in the total amount not to exceed $113.1 million to finance a portion of Durham’s share of the EFW facility; d. THAT the Commissioner of Finance be authorized to purchase all or a portion of the required debenture issue in the amount of $113.1 million from the Region’s Reserve Funds; and e. THAT the Regional Chair and Clerk be authorized to execute a Project Agreement consistent with the requirements of the RFP 604-2008 and subject to agreement on outstanding contractual issues, as determined by the Commissioners of Works and Finance. Other 8. THAT Regional Council approval be given to initiate expropriation proceedings with respect to the acquisition of the lands adjacent to the EFW facility in the Municipality of Clarington (see Attachment #2 Site Plan to Report #2009-COW- 03) that are not acquired through negotiations, and which will be required to be serviced in accordance with the Host Community Agreement (HCA), as detailed in Report 2009-COW-02. 9. THAT in accordance with the Purchasing By-law 68-2000 as amended, Finance staff be authorized to negotiate a Sole Source Agreement with HRD Corporation for the Regions under a new three-year contract (2010 to 2013), with two optional one-year extension provisions, in order to provide necessary on-going technical expertise and Project Management services and ensure project specifications as developed by HDR, standards and timelines are achieved through design-build and operations start-up protocol and Acceptance Test procedures, at an upset cost not to exceed $5.6 million (excluding applicable taxes) to be cost-shared with York Region, and with Durham’s share ($4.4 million) to be funded through the annual Solid Waste Management Business Plans and Budgets over a three to five year period and the Regional Chair and Clerk be authorized to sign any and all documents necessary to give effect to this recommendation. 10. THAT in response to requests by members of Regional Council, and/or as a supplement to the April 2009 Report 2009-J-18, Regional Council receive for information: Council Meeting Minutes - 22 - July 13, 2009 a. Addendum#34 to RFP-604-2008, included as Attachment #3 to Report #2009-COW-03, as issued in January 2009 to pre-qualified vendors to provide a further breakdown of the technical, project delivery and cost and commercial elements of the evaluation criteria which was utilized by the Evaluation Team to determine the preferred vendor, as recommended to, and approved by, Regional Council in April 2009; and, b. A final draft report from KPMG, the Region’s Fairness Monitor, retained by York and Durham to oversee the two- stage EFW Procurement Process and included as Attachment #4 to Report #2009-COW-03.” Resolution #C-434-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 15, from P. M. Madill, Regional Clerk, Region of Durham, with respect to approvals for the design, construction, operation and maintenance of a new Durham-York Energy-From-Waste (EFW) Facility Project and Related Financing, be received for information. “CARRIED” I - 20 John R. O’Toole, MPP, Durham, writing to the Honourable James Bradley, Minister of Transportation, forwarding correspondence from the Municipality of Clarington re-affirming Council’s position supporting the concept of a landscaped decorative municipal identification display at Highway 401 overpasses in Bowmanville; and, requesting the Minister to consider making appropriate changes in MTO policy to allow displays for individual communities within municipal geographic boundaries to have an entrance display on the 400 series highways, provided that the communities and the Municipal Council were in agreement. Resolution #C-435-09 Moved by Councillor Trim, seconded by Councillor Novak THAT correspondence be sent to John R. O’Toole, MPP, Durham outlining Council’s position on the concept of landscaped decorative municipal identification displays on Highway 401. “CARRIED” Council Meeting Minutes - 23 - July 13, 2009 I - 23 Neil Thomas, President, OneCAD Solutions Ltd., writing to the Honourable George Smitherman, Minister of Energy and Infrastructure, expressing disappointment with the Province’s decision to suspend the competitive Request for Proposal (RFP) to procure two replacement nuclear reactors for the Darlington Power Station; recognizing the present and future demand for nuclear energy both in Canada and internationally and the impact that an AECL contract will have for Canada’s nuclear industry, the welfare of the people of Ontario and to Ontario’s research and development industry both public and private; and, suggesting that Ontario take a “Can Do!” approach and work together to find a solution to get a contract delivered now and to get Ontario working at home and exporting to the world market. Resolution #C-436-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT correspondence Item I - 23 from Neil Thomas, President, OneCAD Solutions Ltd., with respect to the approach to find a solution to procure two replacement nuclear reactors for the Darlington Power Station, be endorsed. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 7 and D - 8 were received as handouts. Resolution #C-437-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 4, and Hand-out Correspondence Items D - 7 and D - 8 be approved as per the agenda. “CARRIED” Council Meeting Minutes - 24 - July 13, 2009 D - 1 Jennifer Cowie Bonne, Chair, Play Works, forwarding the 2009 application for the Youth Friendly Community Recognition Program, a program designed to recognize communities that actively support and provide opportunities for the growth and development of youth ages 13 to 19 through play; acknowledging that while the Municipality did not meet all of the criteria required to be recognized as youth friendly in their 2007 application, Clarington was off to a solid start toward achieving the minimum 10 criteria; outlining the program eligibility and criteria; and, advising the application deadline is December 1, 2009. (Correspondence referred to the Director of Community Services) D - 2 Correspondence has been received from the following individuals/groups expressing concern with the loss of acute care services and on site internists from Lakeridge Health Bowmanville as proposed by the LHIN, the impact the decision will have on quality of care and the domino effect on other services such as EMS who are already transporting and waiting with patients in various hospitals and the impact this may have on the number of vehicles/staff needed to transport patients no longer able to stay in Lakeridge Health Bowmanville; and, questioning the rationale of removing acute care services from a thriving hospital and a growing community. a) Viola Ashton b) Lorraine and Harry Knox c) Eileen Knox d) Eric and Jenny Bowman (Correspondence referred to all MPP’s in Durham Region, to Kevin Empey, CEO Lakeridge Health, to Foster Loucks, Chairman of the Board of Directors of Central East Local Health Integration Network (LHIN), and to the Honourable David Caplan, Minister of Health and Long Term Care) D - 3 Christina Weddel, Michelle Woodruff and Rosanna McKee, opposing the proposed demolition of Camp 30; and, requesting Council to do all that is necessary to preserve the nation’s historical heritage sites for future generations. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 25 - July 13, 2009 D - 4 Gary Cole, President, Bowmanville West Beach Association, representing seven season cottage owners, advising that they lease their land from the Port Darlington Harbour Company and are concerned that once the expropriation is complete, they be allowed to continue to lease the land on which their cottages are located; and, advising that they have no objection to the remainder of the lands being developed as a park and would co-operate wherever possible in its development. (Correspondence referred to the Director of Planning Services) D - 7 Gabbie Kirkwood and Clarke Morawetz submitting a Petition to Save Camp 30 from demolition and to preserve the camp for educational and recreational purposes. (Petition referred to the Director of Planning Services) D - 8 Pauline Storks inquiring as to whether the municipality would be interested in replanting a Christmas Tree that has been growing on her patio for twenty years as she is moving and would like the tree to stay alive and to share its beauty with others; and, suggesting the lawn of the new Newcastle Library as a possible location. (Correspondence referred to the Chief Administrative Officer) D - 5 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW), advising that the advisory panel of the Canada Post Corporation Strategic Review (CPCSR) has issued its report examining all aspects of Canada’s postal services; indicating the report recommends against deregulation of the public post office and maintaining a quality, affordable universal service for all Canadians and communities, recommending the inclusion of rural service as part of Canada Post’s Universal Service Obligation, recommending that the current moratorium on post office closures in rural and small towns be replaced with new rules and procedures, including the ability to replace public post offices with private outlets, and legalizing international remailers; forwarding a copy of a Petition to the House of Commons urging the government to instruct Canada Post to maintain, expand and improve postal services; and hoping that Council will consider passing a resolution as follows: “WHEREAS the report of the Canada Post Corporation Strategic Review (CPCSR) recommends that the current moratorium on post office closures in rural and small towns be replaced with a mechanism involving new rules and procedures, including the ability to replace public post offices with private outlets; Council Meeting Minutes - 26 - July 13, 2009 WHEREAS the report also recommends that rural mailbox delivery be reconsidered; WHEREAS these recommendations, if implemented by the federal government, would undermine public postal service and jobs in our community and fundamentally change the nature of Canada Post’s retail and delivery network; WHEREAS the report proposes that Canada Post’s highly inadequate community consultation process be used when closing or “rationalizing” a post office/outlet and that a similar process be used when replacing rural mailbox delivery with delivery to a community box, green box or post office. BE IT RESOLVED THAT the Municipality of Clarington write to Rob Merrifield, the Minister responsible for Canada Post, and request that the government preserve public postal service and jobs in our community by rejecting CPCSR recommendations that would: 1. Put an end to the moratorium on post office closures in rural and small towns and give Canada Post the flexibility to close post offices covered by the current moratorium or convert these public post offices to private outlets 2. Cut delivery to rural mailboxes without exploring all options or properly consulting with residents or the representatives of rural delivery workers. BE IT FURTHER RESOLVED THAT we request that Minister Merrifield consult with the public, postal unions and other major stakeholders to develop a uniform and democratic process for making fundamental changes to Canada Post’s retail and delivery network.” Resolution #C-438-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Canadian Union of Postal Workers (CUPW), with respect to public post offices and rural delivery, be received for information. “CARRIED” D - 6 Liliane Nolan, CAO/Clerk, Municipality of Whitestone, advising that on June 15, 2009, the Municipality of Whitestone adopted the following resolution pertaining to Free Trade between the United States and Canada: Council Meeting Minutes - 27 - July 13, 2009 “THAT Council of the Municipality of Whitestone hereby supports the resolution put forth by the Greater Toronto Area Countryside Mayors’ Alliance (GTACMA) at its meeting of May 22, 2009 with respect to 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 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 THAT Canadian municipalities adopt a procurement policy that future Canada Infrastructure projects at the municipal level, including environmental projects such as water and wastewater treatment projects, require that any goods and material 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; AND FURTHER 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, M.P. Tony Clement, M.P.P. Norm Miller, the Regions of Durham, York, Peel, and Halton, the Association of Municipalities of Ontario (AMO) and the Canadian Manufacturers and Exporters Association (CME).” Resolution #C-439-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the resolution from the Municipality of Whitestone, with respect to Free Trade between the United States and Canada, be received for information. “CARRIED” Deputy Mayor Trim chaired this portion of the meeting. Council Meeting Minutes - 28 - July 13, 2009 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report July 6, 2009. Resolution #C-440-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of July 6, 2009, be approved, with the exception of Items #1(b), #5, #8, #13 and #16. “CARRIED” Item 1(b) Resolution #C-441-09 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the CAO be authorized to take immediate actions to effect possible remediation measures to balance the 2009 budget shortfall and to consider possible actions to bring in the 2010 budget without minimal impact to the taxpayers; THAT the immediate actions referred to in item 1 be limited to administrative and staffing matters including any and all cost cutting measures such as temporary layoff, elimination of positions, deferred hiring, uncommitted capital projects, and any other measures deemed appropriate by the CAO; THAT the CAO shall report to Council no later than the end of August with a comprehensive report detailing all the cost cutting measures including service level reduction and program eliminations in order to address the 2009 budget shortfall; and THAT a Special Council meeting is hereby called for Monday, August 31, 2009 to consider the CAO Report. “CARRIED LATER IN THE MEETING” (see following motion) Resolution #C-442-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow Members of Council to speak more than once to Resolution #C-441-09. “MOTION LOST” Council Meeting Minutes - 29 - July 13, 2009 The foregoing Resolution #C-441-09 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Mayor Abernethy v Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy resumed the Chair. Item 5 Resolution #C-443-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-071-09 be received; THAT Report PSD-071-09 including attachments #2 through #14 be forwarded to the Region and the Ministry of the Environment; THAT as part of the Pre-Submission Review, Clarington Staff provide comments to the Region’s Project Team on the peer review comment dispositions to assist with facilitating submission of the Environmental Assessment by July 31, 2009; THAT the Region’s Project Team be requested to work closely with Clarington Staff on the detail design of Energy Park Drive, the stormwater management works and other Clarington Energy Business Park design details, the architectural concepts for the Energy from Waste facility and implementation plans for development; THAT a copy of Report PSD-071-09 and Council’s decision be forwarded to the Region of Durham, the Region of York and Ministry of Environment; and Council Meeting Minutes - 30 - July 13, 2009 THAT all interested parties listed in Report PSD-071-09 and any delegations be advised of Council’s decision. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Resolution #C-444-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-071-09 be received; THAT Report PSD-071-09 including attachments #2 through #14 be forwarded to the Region and the Ministry of the Environment; THAT SENES, AECOM and Steven Rowe be thanked for their efforts in completing the peer review in a timely manner; THAT the Region’s Project Team be requested to work closely with Clarington Staff on the detail design of Energy Park Drive, the stormwater management works and other Clarington Energy Business Park design details, the architectural concepts for the Energy from Waste facility and implementation plans for development; THAT a copy of Report PSD-071-09 and Council’s decision be forwarded to the Region of Durham, the Region of York and Ministry of Environment; and THAT all interested parties listed in Report PSD-071-09 and any delegations be advised of Council’s decision. “CARRIED” Council Meeting Minutes - 31 - July 13, 2009 Item # 8 Resolution #C-445-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-074-09 be received; th THAT Report PSD-074-09 and Attachment #1 as provided to Council on July 13 be approved as the Municipality of Clarington’s comments to the Canadian Nuclear Safety Commission on the Screening Report for the Port Granby project; THAT Report PSD-074-09 be submitted to the Canadian Nuclear Safety Commission at such time as the Commission releases a Public Notice advising of the holding of a Hearing with respect to the Port Granby Screening Report; and THAT all interested parties listed in Report PSD-074-09 and any delegations be advised of Council’s decision. “CARRIED” Item #13 Resolution #C-446-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CLD-013-09 be received; THAT Ingrid Saravia be appointed to the Clarington Heritage Committee; THAT Shauna Visser be thanked for her application to the Clarington Traffic Management Committee and advised that the vacancy on the Committee is for a representative from Ward 1 and that her application will remain on file for consideration should a vacancy for a Ward 4 representative occur; and THAT the interested parties listed in Report CLD-013-09 be advised of Council's decision. “CARRIED” Council Meeting Minutes - 32 - July 13, 2009 Item #16 Resolution #C-447-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Item #16 be divided to vote on Paragraph 1 and Paragraph 2 separately. “CARRIED” Resolution #C-448-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the delegation of Karen Buck be received with thanks. “CARRIED” Resolution #C-449-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Richard Ward be received with thanks. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Absent Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v STAFF REPORTS Resolution #C-450-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-076-09 be received; Council Meeting Minutes - 33 - July 13, 2009 THAT the request for Removal of Part Lot Control with respect to Lots 4, 5, 7, 10, 11, 13, 14 and 15 on Plan 40M-2226, be approved and that the Part Lot Control By-law attached to Report PSD-076-09 be passed pursuant to Section 50(7.1) of the Planning Act and a copy be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-076 and any delegations be advised of Council's decision. “CARRIED” Councillor Hooper stated a pecuniary interest with respect to Staff Report #2 – PSD-077-09 – Assumption Agreements to permit the development of commercial land, as he was involved in an Ontario Municipal Board Hearing with the original owners of the property, West Diamond Properties and Metrus. Councillor Hooper refrained from discussion and voting on this matter. Resolution #C-451-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report PSD-077-09 be received; THAT the By-law attached to Report PSD-077-09 as Attachment 5 to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement with Bowmanville Investments Inc. be approved; and THAT all interested parties listed in Report PSD-077-09 and any delegations be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Absent Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Council Meeting Minutes - 34 - July 13, 2009 Resolution #C-452-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards. “MOTION CARRIED” (See following motion) Resolution #C-453-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-051-09 be tabled until after the Special Council meeting scheduled for August 31, 2009. “MOTION LOST” The foregoing Resolution #C-452-09 was then put to a vote and CARRIED. Resolution #C-454-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Report FND-018-09 be received; and THAT the 2008 Draft Audited Financial Statements be approved. “CARRIED” Council Meeting Minutes - 35 - July 13, 2009 Resolution #C-455-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Addendum to Report CAO-003-09 be received; and THAT the Mayor and Municipal Clerk be authorized to execute a Suspension Agreement as referenced in the Host Municipality Agreement, subject to its final review by the Municipal Solicitor and that the appropriate by-law be passed. “CARRIED” Resolution #C-456-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Staff Report #6 – Confidential Verbal Report of the Solicitor – Compliance Audit be referred to a closed session of Council following the Other Information Section of the Agenda. “CARRIED” Resolution #C-0-457-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the meeting be extended until 12:00 midnight in order to complete the agenda. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-458-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the Municipal Council of Clarington hereby requests the Honourable Minister of the Environment, John Gerretsen, to not allow any burning of Toronto garbage in any form, such as, but not limited to, organics, at the St. Marys Cement Plant located in the Municipality of Clarington on a trial nor permanent basis. Council is confident that the Minister will fully understand our opposition if such approval is granted; THAT staff keep Council members fully informed of all actions regarding this issue; and Council Meeting Minutes - 36 - July 13, 2009 THAT copies of this resolution be sent to the Honourable John Gerretsen, Minister of the Environment, John R. O’Toole, MPP, and Durham Region Works Department. “CARRIED” Resolution #C-459-09 Moved by Councillor Hooper, seconded by Councillor Woo WHEREAS the Olympic Torch Relay Route has been scheduled to travel through the Municipality of Clarington on the afternoon of December 16, 2009; AND WHEREAS the Municipality welcomes this opportunity to showcase the community: NOW THEREFORE BE IT RESOLVED THAT the Director of Corporate Services be authorized to purchase six street banners at a total cost of $420 plus applicable taxes to be displayed along the route; and THAT the necessary funds be drawn from the Unclassified Administration Contingency Account #100-21-211-00000-7298. “MOTION LOST” Deputy Mayor Trim chaired this portion of the meeting. Resolution #C-460-09 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the following Resolution #C-015-09 which was tabled by Council on January 12, 2009, be lifted from the table: “WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member of a two-tier municipality, the Regional Municipality of Durham, which is bound by the Ontario Municipal Act with respect to the processing of residential residual waste; AND WHEREAS the Regional Municipality of Durham has a long and successful history of developing and implementing programs that have reduced the amount of residential waste which has been filling Ontario and Michigan landfill sites for many decades; AND WHEREAS the Regional Municipality of Durham has established the goal of achieving a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must be in place before the Region of Durham can reasonably achieve waste diversion rates beyond 70 percent; Council Meeting Minutes - 37 - July 13, 2009 AND WHEREAS the Municipality of Clarington encourages the Region of Durham to continue to show leadership in the area of developing and implementing programs that reduce the amount of residual waste that is processed in the Region of Durham; AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving higher diversion rates that would not have been possible without Provincial involvement: NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministry of the Environment to develop a Provincial strategy that results in the increase of waste diversion rates for all municipalities in Ontario, including a policy which requires each municipality to process all residual waste within the boundaries of each of their respective municipal boundaries; THAT the Region of Durham be requested to develop a formal strategic plan which achieves “no waste in the Region of Durham by 2038”, such “NoWaste by ’38 Plan” to include the following objectives: 1. Develop a municipal waste management strategy that the Province of Ontario can replicate throughout Ontario; 2. Reduce the negative impact that Durham Region’s residual waste has on the global environment, including the reduction of greenhouse gases; 3. Take a leadership role in reducing all of the residual waste that is created within the Region of Durham, including wastes generated by the industrial, commercial and multi-residential sectors of our communities; and 4. Reduce the long-term costs of processing the residual waste that is created within the Region of Durham; THAT the said Region of Durham “NoWaste by ’38 Plan” include the following initiatives: 1. Reinstate the Waste Management Advisory/Steering Committee to research, assess and make recommendations to the Region of Durham on the feasibility of achieving a region-wide “no waste” solution by 2038; 2. If feasible, to recommend to Regional Council the steps necessary to implement a “NoWaste by ’38 Plan”; and 3. If feasible, an extensive public education and communications plan in order to achieve whatever goals that Regional Council chooses to adopt, similar to that of the plan adopted by the City of Canberra, Australia; and Council Meeting Minutes - 38 - July 13, 2009 THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional Municipality of Durham, the area municipalities within the Region of Durham, the Federal Minister of the Environment, Provincial and Federal Members of Parliament and to the Association of Municipalities of Ontario for consideration, action and support.” “CARRIED” Resolution #C-461-09 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member of a two-tier municipality, the Regional Municipality of Durham, which is bound by the Ontario Municipal Act with respect to the processing of residential residual waste; AND WHEREAS the Regional Municipality of Durham has a long and successful history of developing and implementing programs that have reduced the amount of residential waste which has been filling Ontario and Michigan landfill sites for many decades; AND WHEREAS the Regional Municipality of Durham has established the goal of achieving a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must be in place before the Region of Durham can reasonably achieve waste diversion rates beyond 70 percent; AND WHEREAS the Municipality of Clarington encourages the Region of Durham to continue to show leadership in the area of developing and implementing programs that reduce the amount of residual waste that is processed in the Region of Durham; AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving higher diversion rates that would not have been possible without Provincial involvement: NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministry of the Environment to develop a Provincial and Federal strategy that results in the increase of waste diversion rates for all municipalities in Ontario, including a policy which requires each municipality that has been delegated the jurisdictional authority to process waste under Section 11 of Municipal Act, 2001 to process all residual waste within the boundaries of each of their respective municipal boundaries; THAT the Region of Durham be requested to develop a formal strategic plan which achieves “no waste in the Region of Durham by 2038”, such “NoWaste by ’38 Plan” to include the following objectives: Council Meeting Minutes - 39 - July 13, 2009 1. Develop a municipal waste management strategy that the Province of Ontario can replicate throughout Ontario; 2. Reduce the negative impact that Durham Region’s residual waste has on the global environment, including the reduction of greenhouse gases; 3. Take a leadership role in reducing all of the residual waste that is created within the Region of Durham, including wastes generated by the industrial, commercial and multi-residential sectors of our communities; and 4. Reduce the long-term costs of processing the residual waste that is created within the Region of Durham; THAT the said Region of Durham “NoWaste by ’38 Plan” include the following initiatives: 1. Reinstate a new Waste Management Advisory/Steering Committee to research, assess and make recommendations to the Region of Durham on the feasibility of achieving a region-wide “no waste” solution by 2038; 2. If such “no waste” solution is deemed feasible, to recommend to Regional Council the steps necessary to implement a “NoWaste by ’38 Plan”; and 3. If feasible, an extensive public education and communications plan in order to achieve whatever goals that Regional Council chooses to adopt, similar to that of the plan adopted by the City of Canberra, Australia and the Province of Nova Scotia; and THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional Municipality of Durham, the area municipalities within the Region of Durham, the Federal Minister of the Environment, Provincial and Federal Members of Parliament and to the Association of Municipalities of Ontario for consideration, action and support. “CARRIED” Council Meeting Minutes - 40 - July 13, 2009 UNFINISHED BUSINESS Resolution #C-462-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Council accept the report as presented and prepared by Angie Darlison, Executive Director and Peter Evans, President, Clarington Older Adult Association, with much thanks and appreciation for this information and it be forwarded to the Engineering Services Department in regards to the conclusions and recommendations as presented by Ms. Darlison and Mr. Evans as their comments, and also that the Finance Department, Planning Services Department, as well as Community Services Department and Corporate Services Department be asked to report back to Council with respect to the impacts this could have on future budgets and programming; and THAT Engineering Services or the appropriate department from staff provide a report on costs associated with relocation of the Bowmanville Tennis Club to one of the several municipally owned or operated Tennis Court Facilities (Lord Elgin, Green Park, Guildwood Park) as Ms. Darlison and Mr. Evans have suggested. “CARRIED” Resolution #C-463-09 Moved by Councillor Novak, seconded by Mayor Abernethy THAT the presentation of Dan Remollino, MTO Project Manager and Doug Allingham, Consultant Project Manager, 407 Project Team, with respect to the 407 East Environmental Assessment & Preliminary Design Study, be received with thanks; and THAT the Project Team be requested to consider the Municipality’s comments as forwarded prior to the July 20, 2009, deadline. “CARRIED” BY-LAWS Resolution #C-464-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2009-103 to 2009-114 inclusive; 2009-103 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (1210191 Ontario Inc.) Council Meeting Minutes - 41 - July 13, 2009 2009-104 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (West Diamond Properties Ltd.) 2009-105 Being a by-law to authorize entering into an amending Agreement with the Owner(s) of Plan of Subdivision 18T-95001, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of 18T-95001 2009-106 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Baysong Developments Inc.) 2009-107 Being a By-law to authorize a Municipal Access Agreement between the Corporation of the Municipality of Clarington and Blink Communications Inc. 2009-108 Being a By-law to amend By-law 2007-031, being a by-law to appoint Members to the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington (Ingrid Saravia) 2009-109 Being a By-law to authorize a Letter of Understanding between the Corporation of the Municipality of Clarington and The Radiation Protection Service of the Ontario Ministry of Labour, to enter into an Agreement for an Air Monitoring Site 2009-110 Being a By-law to authorize a Host Municipal Agreement between Ontario Power Generation and the Municipality of Clarington with respect to the Two-Unit New Nuclear New Build at Darlington 2009-111 Being a by-law to exempt certain portions of Registered Plan 40M-2226 from Part Lot Control 2009-112 Being a By-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement between the Municipality and Bowmanville Investments Inc. 2009-113 Being a By-law to authorize an Agreement to Suspend Operation of the Clarington-Hydro Agreement 2009-114 Being a by-law to authorize the execution of a Memorandum of Understanding between the Municipality of Clarington and the Clarington Older Adult Centre Board for the delivery of Partnership Programs; and Council Meeting Minutes - 42 - July 13, 2009 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 Mayor Abernethy read a letter he received this afternoon from Mayor David Miller, City of Toronto in which Mayor Miller indicates that he will continue to work with City of Toronto staff to ensure no residual waste is incinerated in the Municipality of Clarington or anywhere else in Ontario. Resolution #C-0-465-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Mayor Abernethy be requested to write to the Honourable Rob Merrifeld, Minister Responsible for Canada Post, requesting that rural mailbox delivery service be maintained, and that no rural or small-town post offices be closed. “CARRIED” Resolution #C-466-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Staff Report #6 – Confidential Verbal Report of the Solicitor – Compliance Audit as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy did not attend the closed session of Council and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired the remainder of the meeting. The meeting resumed in open session at 12:16 a.m. Council Meeting Minutes - 43 - July 13, 2009 The Deputy Mayor advised that a closed meeting of Council was held in accordance with Section 239 of the Municipal Act. One matter was considered and one resolution pertaining to a procedural matter was passed. Resolution #C-467-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT the meeting be extended to 12:30 a.m. in order to complete the agenda. “CARRIED” Resolution #C-468-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the verbal report from the Municipality’s Solicitor at the Closed meeting of Council on July 13, 2009 regarding the letter to Council from Eric K. Gillespie Professional Corporation dated May 22, 2009 and the Application by Mr. Gillespie to the Superior Court for mandatory relief, be received; THAT Council advise that it has decided to approve a second auditor licensed under the Public Accounting Act, 2004 to conduct a new compliance audit under section 81 of the Municipal Elections Act, 1996 related to the election campaign finances of Mr. John Mutton in the 2006 municipal elections having regard to the disciplinary proceedings of The Institute of Chartered Accountants of Ontario against Mr. James E. Horn; and THAT the Municipal Clerk be instructed to report to Council at its next meeting recommending a qualified person to conduct the new compliance audit related to the election campaign finance of Mr. John Mutton in the 2006 municipal elections. “CARRIED” CONFIRMING BY-LAW Mayor Abernethy and Councillor Hooper stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-469-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2009-115, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 13 day of July, 2009; and Council Meeting Minutes - 44 - July 13, 2009 THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-470-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:20 a.m. "CARRIED"