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HomeMy WebLinkAbout01/25/2010 Council Meeting Minutes JANUARY 25, 2010 Minutes of a regular meeting of Council held on January 25, 2010 at 7:00 p.m., in the Council Chambers. Prior to the start of the meeting, a moment of silence was observed to acknowledge Sergeant John Wayne Faught, Private Garrett William Chidley, Corporal Zachery McCormack, Sergeant Kirk Taylor, Sergeant George Mick and Lieutenant Andrew Richard Nuttall, Canadian soldiers killed in action. Councillor Trim led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor G. Robinson Councillor C. Trim Councillor W. Woo Absent: Councillor M. Novak Also Chief Administrative Officer, F. Wu Present: Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana J. Cooke, Manager of Communication and Marketing, attended until 8:05 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 10:30 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. Council Meeting Minutes - 2 - January 25, 2010 ANNOUNCEMENTS Councillor Foster announced the following: ? On Saturday, January 23, 2010, he attended the opening of Pet Food and Treats, a new store at Courtice Crossings ? He extended congratulations to Dr. Gary Polonsky, who was recently appointed as Chair of the Canadian Science and Technology Museum Board of Trustees Councillor Hooper announced the following: ? On Tuesday, January 19, 2010, he, along with David Kelly, Chair, and Keith Brettell, Member, Clarington Accessibility Advisory Committee, attended a pilot project regarding accessibility at the Clarington Central Secondary School. Councillor Hooper expressed appreciation to Todd Garrison, teacher and students for participating in this event which was very well attended ? Councillor Rick Johnson was elected Chair of the Central Lake Ontario Conservation Authority and Councillor Gerry Emm was elected as Vice-Chair Councillor Woo announced the following: ? On Sunday, January 24, 2010, he attended the opening of Art from The High Schools at the Visual Arts Centre, an annual exhibition displaying the works of Clarington high school students. The exhibit runs until February 28, 2010 ? The Association of Hospital Volunteers, Lakeridge Health Bowmanville, will be hosting their annual fundraising event “A Taste of Italy” to be held on February 6, 2010. Over the years, the Association of Hospital Volunteers has raised over $39,000 with the Association fully funding the relocation of the coffee kiosk and gift shop to a bright and spacious location Councillor Robinson announced that the Newcastle Stars Novice Rep Hockey Team won the International Silver Stick Tournament in St. Claire Shores, Michigan. Councillor Robinson requested that the team be invited to the next televised Council meeting to be presented with Certificates in Recognition of their success Mayor Abernethy announced that the Red Cross is requesting donations to aid the victims of the recent earthquake in Haiti. Further information is available at www.redcross.ca. Resolution #C-020-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on January 11, 2010, be approved. “CARRIED” Council Meeting Minutes - 3 - January 25, 2010 PRESENTATIONS Resolution #C-021-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the agenda be altered by adding Gord Lee to the list of Presentations rather than as a delegation. “CARRIED” Mayor Abernethy welcomed the press, members of the gallery and those viewing tonight’s proceedings from home as he presented the Annual “State of Clarington” Address. Mayor Abernethy indicated that during his inaugural speech three years ago, he had indicated that his priorities would emphasize increasing the participatory role and profile of the entire Council and noted that in response, the Corporate Strategic Business Plan was developed creating a framework to build a prosperous and sustainable community. The Mayor also indicated that openness and accessibility for the public in Council meetings and proceedings, and ensuring sound business practices and outcomes in municipal initiatives would also be a priority. Mayor Abernethy highlighted examples of these priorities including: ? The Energy-From-Waste Environmental Assessment Process new financial reporting to include a 5 year operating plan ? New Economic Sensitive Revenue Report where Council will receive regular budget updates comparing actual year-to-date figures to budget estimates Mayor Abernethy reiterated that, again this year, the Municipality’s most formidable challenge will be managing growth in order to ensure a prosperous and healthy community. He noted that with a strong economy, the Municipality receives new tax revenue that growth provides and uses that revenue to expand and replace facilities, infrastructure and services and to improve quality of life. He noted however, that when the economy slows, new tax revenues known as development charge fees, come to an end and indicated that in Clarington’s case, since the year 2000, the Municipality has been relying on development charge fees to service the $34 Million debt that has accumulated over the years and will now require alternative sources of funding to be investigated. Mayor Abernethy acknowledged the struggle to find a balance between being fiscally responsible and providing a level of service acceptable to the residents indicating that Council has taken a pro-active stance to protect the 2009 property tax increase by taking drastic measures to address revenue shortfalls. Council Meeting Minutes - 4 - January 25, 2010 Mayor Abernethy announced that Clarington is very stable financially and advised that: th ? Clarington has healthy reserve accounts scoring 4 highest out of 81 municipalities participating the 2009 BMA Study for Discretionary Reserves and Reserve Funds as a percentage of total expenditures ? Clarington enjoys the benefit of Moody’s of New York Triple A rating assigned to the Region of Durham ? There are positive signs in the housing industry indicating the new housing market is starting to turn around and is supported by a very strong resale housing market ? The Durham Region Association of Realtors reported 2009 was their third best year in sales in the Association’s history ? Clarington continues to be an attractive centre for the retail sector with major players investing in the Highway 2 Corridor ? The new Algoma Orchards processing and storage facility is recognized as one of the most modern state-of-the-art fruit production and packaging facilities in Canada Mayor Abernethy identified the importance of serviced employment lands, which are currently non-existent in Clarington, stating one of Council’s primary goals this term has been to increase the tax levy on employment lands in order to ease the burden on the residential taxpayer. Mayor Abernethy stated that if the community wants to take advantage of the new economic growth that is anticipated to flow from the Darlington New Build project, serviced lands are required and stressed the importance of developing strategic partnerships with public and private entities to achieve common goals. Mayor Abernethy cited examples of partnerships with other levels of government to complete projects that allow for future expansion including the Courtice Trunk Sanitary Sewer and the EFW Host Community Agreement, which was used as leverage with the Region to provide earlier-than-scheduled servicing of two prime areas within Clarington, i.e. the Science Park east of Bowmanville at Bennett Road and the Energy Park located in South Courtice. Mayor Abernethy highlighted other benefits of the Host Community Agreement including: ? $600k in new tax revenues each year ? Energy from Waste facilities are relatively new technologies in Canada that include electrical generation and district heating. District heating reduces greenhouse gases ? New technologies will attract other new technologies ? Provides the opportunity to diversify the local agricultural industry using district heating technologies to heat existing and future large scale greenhouse operations which produce fruits, vegetables and flowers year round Council Meeting Minutes - 5 - January 25, 2010 Mayor Abernethy highlighted other initiatives approved by Council: ? The No Waste by ’38 Plan has been forwarded to the Region and the Ministry of the Environment ? Initiation of the Official Plan Review to provide the framework to accommodate close to 58,000 new residents and close to 18,000 new jobs He expressed appreciation to the Federal and Provincial levels of government for infrastructure funding Clarington has received and is being utilized to upgrade various roads and recreational facilities in the community. Through use of a PowerPoint presentation, Mayor Abernethy highlighted current and future infrastructure projects scheduled to take place in Clarington including: ? Smart Centre and Halloway Holding development of West Bowmanville ? Concession Road 7 Darlington and Concession Road 8 Clarke Road Rehabilitation ? Highway 407 Environmental Assessment and construction ? Go Rail Extension to Bowmanville ? Port Granby Low Level Radioactive Waste Project ? Courtice Trunk Sanitary Sewer – current Class EA Study underway, to compliment the Region’s $165 Million investment into the Courtice Water Pollution Control Plant ? Durham Region Energy From Waste - Courtice Energy Park ? OPG Nuclear Office Complex - Courtice Energy Park ? OPG Darlington Refurbishment of Non-Reactor Facilities ? OPG Darlington Refurbishment of Reactors ? OPG Darlington B Nuclear New Build Mayor Abernethy also acknowledged Council’s support of Lakeridge Health Bowmanville and the efforts of local physicians and the public in securing continued acute care services and quality healthcare in Bowmanville. Mayor Abernethy encouraged members of the public to support the Hospital Association’s membership drive. Mayor Abernethy noted that Community Care Durham will be relocating to the Garnet B. Rickard Complex to newly renovated space previously occupied by Total Hockey. He also thanked the many local volunteers helping to provide the quality of life and the sense of community that Clarington experiences. Mayor Abernethy stated the Darlington B - New Build project is still underway despite the postponement of the vendor selection process and Council welcomes the attention and support that Ontario Power Generation brings to Clarington. He noted Clarington will play a major role in the development of Durham Region becoming the “Energy Capital of Ontario” and that the new nuclear build at Darlington Generating Station will create numerous job opportunities for highly skilled and trained individuals. He acknowledged the challenge for UOIT and Durham College to provide post-secondary education to meet the current and future needs of the expanding energy industry and Council Meeting Minutes - 6 - January 25, 2010 how their success will contribute to further the economic spin-off and overall quality of life that will be enjoyed by future generations. Mayor Abernethy summarized by stating that Council and staff have accomplished many things during the past three years and issued a challenge to Council, in the spirit of the Olympics, to work together to complete the balance of the goals they have established in this the final year of Council's mandate. On behalf of Members of Council and the residents of Clarington, Mayor Abernethy wished Clarington's own Matt Morison much success in reaching his goals at the 2010 Olympics in Vancouver. Inspector Chris Ostler, Durham Regional Police Service (DRPS), addressed Council concerning DRPS's Patrol Staffing Analysis Project stating he is extremely excited and privileged to be in charge of policing in the East Division (formerly 16 Division) and is looking forward to working together with Council and the public to further Community safety. Inspector Ostler introduced Staff Sergeant Karen Moloney, in charge of the Uniformed Branch and Detective Sergeant Stan Pinkney, in charge of the Criminal Investigation Branch. Inspector Ostler introduced Deputy Chief Sherry Whiteway. Deputy Chief Whiteway addressed Council stating she has taken over the Patrol Staffing Analysis Project (PSAP) from retired Deputy Chief Chuck Mercier and provided a brief history of the project which started in 2004 and identifies key efficiencies in putting staff where the workload is. Inspector Ostler introduced Inspector Dave Kimmerly who conducted a PowerPoint presentation entitled "Focus on Frontline Patrol ...anew approach". Inspector Kimmerly highlighted the challenges faced by the DRPS including growth patterns, workload imbalance, cross area dispatch, the need to balance reactive and proactive activity, Region-wide, multi-jurisdictional flow of crime, the need for specialized resources to address sophisticated crime, and staffing regarding major crime investigations. He reviewed the historical patrol zones and traditional policing which were based on municipal boundaries and were not reflective of workload, travel time or geographical barriers, and provided an overview of the principals of Patrol Staffing Analysis. Inspector Kimmerly stated Patrol Staffing Analysis creates and encourages ownership of work areas by Frontline Patrol Officers, balances workload and allows for operation of frontline units at or above preferred staffing levels. The model facilitates call response and Problem-Oriented Policing by creating more time for Frontline Patrol Officers to actively participate in problem-solving and directed patrol. Inspector Kimmerly reviewed the East Division, which is a hybrid urban and rural policing model, noting changes will enhance the level of frontline patrol, will provide for future replacement of the main building and will allow DRPS to move to a more proactive, problem-solving model. He advised that there will be no change to the CIB, CRU, school officers or regional support services. Inspector Kimmerly stated the Courtice work area and staff will join East Division following the completion of the new building estimated for 2012. Council Meeting Minutes - 7 - January 25, 2010 Mayor Abernethy acknowledged John O’Toole, MPP, Durham, and former Mayor John Mutton in attendance at tonight’s meeting. Mayor Abernethy presented Reverend David Chisling with a Framed Certificate, on behalf of Council, in recognition and appreciation of Reverend Chisling’s work with the “Been There” Youth Program. Mayor Abernethy stated Reverend Chisling operates the project focusing on a restorative justice program for young offenders and is pleased to have him on the Good Will Ambassador List. Mayor Abernethy presented Donald Rickard – “Soybean King”, Ceresmore Farms Ltd. with a Framed Certificate in recognition and appreciation of his winning the Grain Farmers of Ontario 2009 Soybean Yield Challenge for Zone 2 recording 59.9 bushels per acre, setting a record for Zone 2. Mayor Abernethy presented Joan Kimball of The Village Card & Gift Shoppe with a Framed Certificate in recognition and appreciation of her efforts as a Good Will Ambassador for Clarington. Mayor Abernethy acknowledged that Ms. Kimball was featured on the front cover of the December issue of Active Adult Magazine which has a large distribution in Ontario and has also appeared on CITY TV’s City Line program. Gord Lee addressed Council, on behalf of the Newcastle Memorial Arena Board, thanking Council and staff for their efforts on the Board’s behalf in processing their Recreation Infrastructure Canada grant application. Through the application process the Board has received funding in excess of $400,000 for the construction of a new roof and upgrades to the refrigeration plan. Mr. Lee noted the Board continues to strive to increase revenue and to keep their rates down and takes great pride in presenting a loan payment of $30,000, bringing the balance of the $360,000 loan the received from the Municipality to below $90,000. Mr. Lee presented Mayor Abernethy with a cheque in the amount of $30,000. DELEGATIONS Sheila Hall, Clarington Board of Trade, addressed Council in support of Staff Report #1 – Report CAO-003-10 - Canadian Nuclear Association Conference and Trade Show. Ms. Hall indicated that the Board of Trade has been reaching out to the nuclear community and attendance at the conference and trade show will provide an exclusive opportunity for the Board to promote, network and showcase Clarington and to share with the nuclear community Clarington’s interest and support of the nuclear industry. Ms. Hall extended appreciation to Council for recognizing the value of this important opportunity. Council Meeting Minutes - 8 - January 25, 2010 John Mutton addressed Council concerning Item 2 of Business Arising from Notice of Motion - Direct Election of the Regional Chair stating it is important that this matter become a key issue with the upcoming 2010 Municipal Elections and that the municipalities of Clarington, Brock, Scugog, Uxbridge and Whitby place a referendum question concerning the direct election of the Regional Chair on the municipal ballot. Mr. Mutton feels that the results will mirror those received by Oshawa, Pickering and Ajax from the last election, which overwhelmingly supported the direct election of the Regional Chair. Mr. Mutton stated the pros and cons of the issue have been debated but in the end, accountability and democracy must prevail. Mr. Mutton stated the position of Regional Chair is political noting the Chair makes arguments, moves motions, votes and represents the electorate beyond the Regional borders. Mr. Mutton stressed this position is not the same as the position of Speaker of the House. He confirmed that over the past decade the Region has evolved and that direct election of the Regional Chair will make the position accountable to the citizens. Mr. Mutton expressed concern that the last time the Regional Chair was challenged was in 2000 and feels that ten years without a challenge is not democratic. Mr. Mutton urged Council to support the Notice of Motion and take a leadership role by placing a question on the ballot and by urging Whitby, Scugog, Brock and Uxbridge to do the same. Kerry Meydam advised prior to the meeting that she would not be addressing Council. Bruce Wood addressed Council concerning Item 2 of Business Arising from Notice of Motion - Direct Election of the Regional Chair. Mr. Wood stated as President of the Oshawa Ratepayers Association, one of the concerns he hears many times is the issue of $1 billion being paid by Durham residents to the Region without the opportunity of directly-electing the Regional Chair. Mr. Wood echoed the comments of the previous speaker urging Council to endorse direct election of the Regional Chair ensuring taxation with representation for the top position of Regional Council. Gordon McCallum, The Memorial of Heroes, addressed Council concerning Correspondence Item D – 13 - Landscape Memorial Adjacent to the “Highway of Heroes” and introduced Gino Bifolchi and Paul Busch, members of the project team. Through use of a PowerPoint presentation, Mr. McCallum presented a concept of the perpetual living memorial to honour those who have given their lives in service to Canada. Mr. McCallum stated the monument is to be constructed on the north side of Highway 401, just west of the Highway 115 interchange, along the stretch of highway known as the “Highway of Heroes”. The memorial will be visible to both east and westbound traffic and will consist of a stone structure with a statue of a soldier facing the highway with sculpted maple leaves flowing across the memorial. Mr. McCallum advised that there will be space beside the memorial for displays for sponsors. He noted that land has been secured and they have completed conceptual designs and preliminary engineering. Mr. McCallum confirmed that all financial requirements for the development and maintenance of the memorial will be funded by the supporting sponsors and that they intend to plant a tree for every fallen solder subject to approval of their families. Council Meeting Minutes - 9 - January 25, 2010 Mr. McCallum stated they are a multi-disciplinary team and are well positioned to complete the project and ensure success. He urged Council to endorse the concept of the project being sited within the Municipality of Clarington. Resolution #C-022-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:45 p.m. Linda Gasser addressed Council concerning Correspondence Item D - 10 Request to Engage Peer Reviewers - Final and Amended Waste (Incinerator) EA Documents and Correspondence Item D - 11 - Durham/York Energy-From-Waste Process expressing concern that last July the majority of Council voted to terminate Clarington’s Peer Review Process, despite the fact that the Project Team had not satisfactorily addressed many issues. This resolution effectively prevented staff and peer reviewers from reviewing the final EA documents and resulted in no formal submission from Clarington during the first public inspection review which she feels is inexcusable. Ms. Gasser stated that during the first public inspection, citizen reviewers found many errors, inconsistencies and omissions in the Final EA documents and appendices and noted that the project team has requested three extensions to respond to matters raised by the public, the Government team and the Ministry Technical reviewers. She indicated that the final public inspection period is likely to begin at the end of February/early March and feels it is imperative for Council to act now to ensure Clarington’s concerns are formally addressed. Ms. Gasser formally requested that Council direct staff to engage qualified peer reviewers to review the Final and Amended EA and related documents to ensure that all matters potentially affecting Clarington are identified with formal comments submitted before the end of the final public inspection period. Richard Ward addressed Council concerning Item 2 of Report #1 - Highway 407 East Environmental Assessment Notice of Completion of the Ministry of Environment Review. Mr. Ward stated that close to the termination of the design process he had submitted a concept which was the simplest and safest way to terminate Highway 407 at Highway 115, which would have saved $20 million. He advised that in 2001 he identified a defect in the design concept on the west end of the 407 going diagonally north of Highway 7 and back adding $50 million to the cost and suggested that the west route travel straight from Brougham to Brooklin. Mr. Ward would like to see the west end reconsidered and the political influence that determines the route being eliminated as he feels it is a deterrent to the completion of Highway 407. Council Meeting Minutes - 10 - January 25, 2010 Wendy Bracken addressed Council concerning Correspondence Item D - 11 - Durham/York Energy-From-Waste. Ms. Bracken stated she has serious concerns with the Incinerator EA and the fact that Clarington peer reviewers have not been retained to review the final EA document and Amendments and that no formal submission was made to the Ministry of the Environment from the municipality during the comment period. She feels the complete absence of comments from Clarington has become a bolster to the consultant’s position on the EA. Ms. Bracken urged Council to hire peer reviewers for this phase including a health professional to review fine particulate matter. Ms. Bracken stated that evidence has revealed that the incinerator would be a major polluter and acknowledged Clarington’s already compromised air quality. Ms. Bracken stated she has serious concerns with toxicity referenced values and many unaddressed concerns. She feels Clarington is vulnerable to the changes and feels it is imperative that the amendments and Final EA are reviewed by a panel of experts. Paul-André Larose addressed Council concerning Correspondence Item D – 10 - Request to Engage Peer Reviewers – Final and Amended Waste (Incinerator) EA Documents and Correspondence Item D - 11 - Durham/York Energy-From-Waste. Through us of a PowerPoint presentation, Dr. Larose reviewed a presentation entitled “Incineration – Gross Under-Estimations of the Health Impact”. Dr. Larose expressed concern that the risk assessment for the proposed incinerator does not have any measure of plant reliability and was performed under the assumption that 100% of the systems are 100% functional 100% of the time and that the risk assessment did not take into account the probability of equipment failure. Dr. Larose stated that because of this and coupled with the fact that there is no redundancy, this seriously under- estimates the projected emission levels and he feels that more realistic information is required for both Council and the public to properly assess the implications of increased exposure levels. Dr. Larose cautioned Council against taking a casual approach towards incineration. Louis Bertrand addressed Council concerning Correspondence Item D – 10 - Request to Engage Peer Reviewers – Final and Amended Waste (Incinerator) EA Documents and Louis Bertrand addressed Council concerning Correspondence Item D – 11 - Durham/York Energy-From-Waste expressing concern with the confusing, erratic and uncertain Environmental Assessment process for the Energy-From-Waste facility. Mr. Bertrand presented numerous study documents that have been prepared in relation to this process and questioned how members of the public or government officials could possibly review the volume of material produced. He stated experts are needed to review the matter during the second public inspection period and that Council must hire peer reviewers to ensure that the latest documents are being reviewed. Mr. Bertrand stated there will be a cost; however, this is the only chance for an independent review and will be an investment in the community’s health both now and in the future. Mr. Bertrand confirmed that reviewing the process does not imply opposing Energy-From-Waste. Council Meeting Minutes - 11 - January 25, 2010 Cecil Mackesey addressed Council concerning Item 2 of Business Arising from Notice of Motion - Direct Election of the Regional Chair. Mr. Mackesey stated in preparing for his delegation, he reviewed information taken from the Region of Durham’s website and the Federal Government’s website and provided a comparison between the duties of the Regional Chair and those of the Prime Minister of Canada. Mr. Mackesey stated the Prime Minister is an elected official and he finds it difficult to believe that anyone would think that the Regional Chair’s position is more important than the Prime Minister’s. Mr. Mackesey urged Council to place a referendum question on the ballot regarding the direct election of the Regional Chair and to urge Whitby, Scugog, Brock and Uxbridge to do the same. COMMUNICATIONS Resolution #C-023-10 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 - 8, I - 10, I - 13, I - 14 and I - 15. “CARRIED” I - 1 Minutes of the Ganaraska Region Conservation Authority dated December 10, 2009 I - 2 Minutes of the Clarington Museums and Archives Board dated November 11, 2009 I - 3 Minutes of the Clarington Heritage Committee dated November 17, 2009 I - 4 Minutes of the Tyrone Community Centre Hall Board dated December 14, 2009 I - 5 Linda Gasser and Louis Bertrand, writing to the Durham Works Committee expressing concern that neither Councillors, the public and/or EA reviewers appear to be receiving accurate information about the study progress and costs; that due to the piecemeal revisions and erratic release of documents, it is very difficult for reviewers to get a comprehensive view of the project as a whole and its potential impacts; that the additional billable hours required to finalize the EA study, the additional work preparing responses to initial review period comments, amended documents and amended appendices and addendum will result in significant unanticipated consulting fees and costs to Durham taxpayers; and, requesting the Regional Works Committee to direct staff and the project team to prepare a detailed report listing all amended and revised documents, explaining the rationale for all changes, showing the additional project expenditures beyond those set out in the Commissioner of Works’ Council Meeting Minutes - 12 - January 25, 2010 memo dated November 20 th, to provide a realistic forecast of estimated expenses to obtain EA approval and Certificates of Approval, should the EA be approved, and to clearly describe the impact of the latest study changes past the project extension granted by the Ministry of the Environment on project timelines. I - 6 Doug Reycraft, Chair, Municipal Employer Pension Centre of Ontario (MEPCO), indicating in 2006, the Association of Municipalities of Ontario (AMO) was appointed as the sponsor representative for municipal government employers for the OMERS Pension Plan creating MEPCO; advising that MEPCO has and will continue to develop well-informed and well-researched proposals for Plan changes; indicating that MEPCO, along with other Plan sponsors, are asking the government for relief from the solvency requirement for this public sector pension plan, a practical step that would immediately improve the overall health of the Plan; advising that MEPCO will remain focused on what long-term funding strategy for the Plan could look like, will be mindful of the significant role that investments play in concert with benefit and contribution decisions; and, hoping that MEPCO can count on financial support from all municipal employers to allow them to continue to represent municipal government employers interests. I - 9 Peter Hume, President, Association of Municipalities of Ontario (AMO), highlighting AMO’s 2009 successes in advancing public policy that serves communities and property taxpayers, and in developing programs through their corporation, Local Authority Services, which help to stretch tax dollars; advising the Board will continue its policy and advocacy work on environmental fronts and will protect the financial gains made over the years; indicating the Board has approved a modest increase of 1.5% in membership for 2010 and advising that the theme for the Annual Conference is “Propelling Economic Prosperity” and hoping municipal officials will attend to garner new ideas and to explore innovations to community well-being; and, hoping that the Association can count on the municipality’s membership support in 2010. I - 11 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade, providing an update on the activities that the Board of Trade and Office of Economic Development have undertaken over the past year regarding the New Nuclear Build Project at Darlington including attraction of Nuclear industry businesses from outside Clarington and educating the existing business community regarding opportunities for diversification; maintaining communication with Ontario Power Council Meeting Minutes - 13 - January 25, 2010 Generation’s New Nuclear Division, AECL, Infrastructure Ontario and the Organization of Candu Industries (OCI); hosting the first Energy Summit which attracted over 100 people representing a mix of OCI membership, Clarington businesses and individuals from the development community, forwarding correspondence to over 20 political officials and stakeholders on behalf of the Board of Trade expressing appreciation for the investment opportunity for Clarington, and encouraging their partners to send a similar letter on behalf of their business or association; indicating an additional letter of support will be sent to the New Minister of Energy and Infrastructure once the appointment, expected in late January or early February, is made; and, advising they have been awarded $15,000 by the Canadian Environmental Assessment Agency to provide a peer review on the socio-economic impact outlined in the Environmental Impact Study submitted by Ontario Power Generation, which will help to raise the profile of interest for the project at the Provincial and Federal levels of government. I - 12 Stuart Harrison, General Manager, Policy Committee, Greater Peterborough Chamber of Commerce, writing to the Right Honourable Stephen Harper, Prime Minister of Canada and the Honourable Dalton McGuinty, Premier of Ontario, expressing concern that nearly two years ago, the Federal Government committed $150 million to refurbish the rail line between Havelock/Peterborough and Toronto which has yet to be spent; indicating that the funding is tied to the Build Canada Fund, and requires the signature of the Province of Ontario; acknowledging that the Province has commissioned a study by Metrolinx which will address aspects of the passenger service, which has yet to be released; providing an overview of the two key components to the rail line including freight and passenger service; and, recommending that the freight issues be separated from the passenger issues and that the refurbishment of the line begin, before the $150 million investment is lost. I - 7 Sheila Hall, Executive Director, Clarington Board of Trade & Office of Economic Development, endorsing support once again for the New Nuclear Build at Darlington; advising that with the CANDU reactor division of AECL being put up for sale, time will be of the essence and it will be critical for Ontario to encourage continued movement in this process to allow the project to move forward with the work done to date; highlighting the predicted economic boost for Clarington, Durham Region, and the Province and the need to keep the momentum going for these investments to flourish, help Ontario’s economy blossom in these hard times and to provide high quality jobs; trusting that required decisions and discussions to keep this project moving forward are well underway; and, offering to help facilitate discussions to advance this critical project. Council Meeting Minutes - 14 - January 25, 2010 I - 8 Gerry Waterhouse, Site Manager, Nuclear Logistics Inc. Canada, writing to the Honourable Dalton McGuinty, Premier of Ontario, indicating that as a business situated within the chosen host community for the New Nuclear Build in Darlington, Nuclear Logistics Inc. Canada is continuing to prepare for the economic stimulus this project will inject into Ontario, Durham Region and the Municipality of Clarington; indicating Ontario’s opportunities for job creation, export opportunities and business expansion through this project are tremendous and will prove to be a motivator for all industries; applauding the government for the direction it is following to ensure that the Province’s energy demands are met in the long term; and, trusting that required decisions and discussions to keep this project moving forward are well underway and that they will hear in the near future that the project will soon be moving forward. Resolution #C-024-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 7 from Sheila Hall, Executive Director, Clarington Board of Trade & Office of Economic Development and Correspondence Item I - 8 from Gerry Waterhouse, Site Manager, Nuclear Logistics Inc. Canada, with respect to support of New Nuclear Build at Darlington, be endorsed. “CARRIED” I - 10 Linda Gasser forwarding a copy of her delegation to the Durham Works Committee of January 13, 2010, regarding the Amended Incinerator EA process and costs, expressing concern that correspondence regarding the incinerator is often redirected by staff and not always made available to decision-makers in a timely manner; that Council appears not to have a good understanding of the Amended EA study status and prospects for approval and don’t appear overly concerned with errors or the costs to address them; requesting two more items be considered, subsequent to th her January 7 letter, requesting that the Project Team be directed to update the Project Website to reflect the latest extension request and related review timelines and to explain the EA review process and possible Ministry responses to the Amended EA so that Council may anticipate what action Committees/Council may need to take in the near future; and, requesting that the Works Commissioner provide written updates any time an EA review extension is requested and to describe the reasons and provide copies of letters to the Ministry as well as their responses. Council Meeting Minutes - 15 - January 25, 2010 Resolution #C-025-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item I – 10 from Linda Gasser, with respect to the Amended Incinerator EA process and costs, be endorsed; and THAT the Regional Commissioner of Works be requested to address Council at a future meeting regarding this matter. “CARRIED” I - 13 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington, extending an invitation to participate in “Bowl for Kid’s Sake” to be held February 16 to 22, 2010, at Liberty Bowl, in support of Big Brothers & Sisters of Clarington programs. On-line registration and pledging is available at http://clarington.kintera.org/bfks or bowlers may collect pledges and bring pledge money to the bowling alley on the day of bowling. In 2009, Big Brothers & Sisters of Clarington reached more than 350 children with their innovative and creative programs and are committed to serving more children in 2010. Resolution #C-026-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item I - 13, from Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington, with respect to the “Bowl for Kid’s Sake” fundraising event, be received for information. “CARRIED” I - 14 Leith Moore, Building Industry and Land Development Association (BILD) Chair, forwarding a copy of “Creating a More Efficient Development Approval Process: Municipal Best Practices, December 2009”, a document developed in an effort to improve the efficiency of the municipal development approvals process and providing municipalities with the opportunity to identify efficiencies that will improve the process and deliver the municipal outcome while generating savings to the municipal taxpayer. Council Meeting Minutes - 16 - January 25, 2010 Resolution #C-027-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I - 14 from Leith Moore, Building Industry and Land Development Association (BILD), with respect to Municipal Best Practices, be referred to staff. “CARRIED” I - 15 Jonah Kelly, Planning Department, Region of Durham, advising nominations are being accepted until March 1, 2010, for the Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards, a program established to recognize individual or group efforts in six award categories that promote, preserve and enhance Durham’s natural environment. Nomination forms are available at www.durham.ca/deac or by contacting Jonah Kelly at 905-668-7711. Resolution #C-028-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 15, from Jonah Kelly, Planning Department, Region of Durham, with respect to the 2010 Durham Environmental Advisory Committee Annual Awards Program, be referred to the Clarington Living Green Community Advisory Committee. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D - 14 was received as a hand out. Resolution #C-029-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 8, and Hand-out Correspondence Item D - 14, be approved as per the agenda. “CARRIED” Council Meeting Minutes - 17 - January 25, 2010 D - 1 Lyle Goodin, Rotary Club of Bowmanville, advising of the 3 rd Annual Rotary Ribfest to be held on the playing fields of the Garnet B. Rickard Recreation Complex from June 11 to 13, 2010, and requesting permission to have a banner placed on the hydro poles, west of the railway during the week of May 17, 2010 and removed during the week of June 14, 2010, in support of Rotary Ribfest. (Installation of banner approved and Veridian to be advised) D - 2 Jim Richards requesting Council support direct election of the Regional Chair and to place a question on the ballot in 2010 to let the electors decide; expressing concern that appointing the most senior municipal position, the Regional Chair, by elected Regional Councillors and not elected by the people is not democratic, fair or acceptable. (To advise of Council’s action regarding the placing of a referendum question on the ballot concerning Direct Election of the Regional Chair) D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region, requesting that March be proclaimed “Epilepsy Awareness Month”; indicating their public awareness campaign “Wear Purple and Show You Care”, is underway; and, encouraging participation by purchasing a ticket to attend their Charity Gala or by wearing purple on Friday, March 26, 2010 to support the more than 36,000 people living with epilepsy in Durham. (Proclaimed) D - 4 Bruce Wood, President, Oshawa Ratepayers Association, advising that 88% of Oshawa citizens voted to have the Regional Chair elected by general vote of the electors in the last Municipal election with two other area municipalities voting similarly; and, requesting Clarington Council to reaffirm the public’s sentiment in this regard. (To advise of Council’s action regarding the placing of a referendum question on the ballot concerning Direct Election of the Regional Chair) Council Meeting Minutes - 18 - January 25, 2010 D - 5 J. Arthur Wynn, President, Newcastle/Bond Head Ratepayers’ Association, expressing concern with the state of the boarded up properties on King Avenue at the east end of the Village; acknowledging that the Wallbridge House has been designated as an historical site but that it should not remain in its present condition indefinitely; and, advising Council that the Association adopted a resolution to notify the Municipality of concerns regarding the properties and hoping that any proposed suitable development would be supported and expedited by the Planning Services Department. (Correspondence referred to the Director of Planning Services) D - 6 Debbie Hunter, Office Administrator, MS Society, Durham Regional Chapter, Multiple Sclerosis Society of Canada, advising the 2010 Multiple Sclerosis Carnation Campaign will take place during Mother’s Day Weekend and requesting approval for tag days to permit the MS Society to sell carnations on Friday, May 7 and Saturday, May 8, 2010, in support of on-going research into the cause and cure of MS and to provide assistance for persons with Multiple Sclerosis and their families. (Permission granted to sell carnations on May 7 and May 8, 2010) D - 7 G. P. Carroll, P.Eng., President, Municipal Engineers Association, advising th that 2009 marks the 50 Anniversary of the Municipal Engineers Association (MEA) Annual Workshop and to celebrate this occasion, the MEA has published a book of its history, entitled “Sharing With Pride” to be made available free to all municipalities in the Province in an effort to bring greater awareness of the role of municipal engineering in providing sustainable infrastructure; and, respectfully requesting that the book be placed in a municipal library for public reference. (Correspondence referred to the Chief Executive Officer/Library Director) D - 8 Robert Stevens requesting that Bowmanville be recognized along Highway 401 on the south side of the highway in one of two locations; forwarding photographs of other municipal entrance features including Port Hope, Brighton, Cobourg, Belleville and Quinte West; and, forwarding a cheque in the amount of $1,000 to be used as seed money only to accomplish his request. (Correspondence forwarded to the Ministry of Transportation and to John O’Toole, MPP) Council Meeting Minutes - 19 - January 25, 2010 D - 14 Susan Edwards, Area Coordinator, Durham Region, Heart and Stroke Foundation of Ontario, requesting that the month of February be proclaimed “Heart Month” and that a flag-raising ceremony be arranged to kick-off the event. (Proclaimed) D - 9 James Slyfield, expressing concern regarding the impacts of the proposed th realignment of Middle Road on residents and properties in the 5 Concession resulting from Council’s recommendation that Middle Road be kept open and bridged over the proposed Highway 407; requesting that Council respond to specific concerns highlighted in his letter to Council of September 21, 2009; indicating the proposal to extend both his and a neighbouring driveway are most troubling and suggesting that Clarington Council accept responsibility for compensation, accommodation or consideration regarding the matter; and, encouraging Council to withdraw their recommendation to keep Middle Road open and bridged. Resolution #C-030-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item D - 9 from James Slyfield, with respect to the proposed realignment of Middle Road, be received for information. “CARRIED” D - 10 Dr. Debra Jefferson, advising she has been monitoring the Waste Incinerator Environmental Assessment (EA) study since 2007 noting citizen reviewers have identified errors, omissions, information gaps in the final documents and that the Project Team has required three extensions to deal with the number of comments received and issues raised; that the final and amended EA documents are substantially different from what Durham Region Council approved on June 24, 2009 and from the draft EA documents that Clarington’s peer reviewers submitted comments on last July; indicating that a second EA inspection period is scheduled to begin February 26, 2010, providing the last formal opportunity for review and comments and requesting that Council direct staff to engage peer reviewers to review the Final and Amended EA documents and that Clarington staff and Council receive professional advice around a formal submission during the second public inspection. Council Meeting Minutes - 20 - January 25, 2010 Resolution #C-031-10 Moved by Councillor Foster, seconded by Councillor Woo WHEREAS the health and welfare of our residents is of primary concern to the Municipality of Clarington; and WHEREAS questions and concerns have arisen through the E.A. process with respect to the current state of the local airshed and the potential negative impact the proposed incinerator may have on local airshed quality; THEREFORE BE IT RESOLVED THAT staff investigate and report by the next Council meeting on the potential costs of peer review of air quality issues arising from the EFW EA, and that should remaining funding for peer review studies from Durham Region be available, that the purchasing by-law be suspended and that staff retain a peer review team to comment on air quality issues relating to the EA and the proposed incinerator. “CARRIED” D - 11 Kerry Meydam, expressing concern regarding recent developments with the Durham Energy-From-Waste EA and the overall EA process to date; stating there have been numerous valid concerns raised by residents and government reviewers during the process; indicating that a third extension and postponement of the MOE’s formal review period for the Amended Durham/York Residual Waste Study EA has been granted and that the most recent version is very different from the version voted on by Regional Council on June 24, 2009; advising that residents are concerned that human health and the environment could be seriously impacted due to the deficiencies in the studies as well as the lack of opportunity by residents to respond formally to all amendments and addendums prior to release of the Ministry Review document ,due to the disorganized and incomplete way the entire EA is progressing; stating she feels that Clarington and its residents are at a disadvantage because of the early dismissal of the municipality’s peer reviewers prior to the completion of the EA and long before all the changes to the EA documents since being submitted to the Province; and, requesting that Clarington Council reconsider the early Council Meeting Minutes - 21 - January 25, 2010 dismissal and consider re-hiring the independent experts to review the final documentation prior to the Minister making a decision on this EA and that Council reconsider support of the incineration project until such time as a proper EA is completed with full documentations and local studies. Resolution #C-032-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item D - 11 from Kerry Meydam, with respect to the Durham/York Energy-From-Waste, be received with thanks. “CARRIED” D - 12 Stephanie Cappuccitti, requesting an extension to Building Permit #09.0271 for 4440 Courtice Road for an additional six months due to weather and unforeseen building problems. Resolution #C-033-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Stephanie Cappuccitti be granted a 6 month extension for the use of temporary living quarters at 4440 Courtice Road subject to signing a further Letter of Undertaking. “CARRIED” D - 13 Gordon McCallum, The Memorial of Heroes, forwarding a copy of a draft proposal for construction of a four seasons custom landscaped memorial, recognizing Canadian heroes who have fallen during the Afghanistan conflict, adjacent to the “Highway of Heroes” in Bowmanville; and, requesting Council’s assistance and suggestions that will help to obtain any necessary Federal and Provincial Government approvals to facilitate the construction. Resolution #C-034-10 Moved by Councillor Foster, seconded by Councillor Trim THAT the request from Gordon McCallum, The Memorial of Heroes, for support of a proposal to construct a four seasons custom landscaped memorial adjacent to the “Highway of Heroes” in Bowmanville, be denied. “CARRIED” Council Meeting Minutes - 22 - January 25, 2010 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 18, 2010. Resolution #C-035-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of January 18, 2010 be approved, with the exception of Items #2, #4 and #6. “CARRIED” Item 2 Resolution #C-036-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-010-10 be received; THAT Report PSD-010-10 be approved as the Municipality of Clarington’s comments to the Ministry of Environment on the “Notice of Completion of Ministry Review” for the 407 East Environmental Assessment; THAT, to mitigate the impact of the East Durham Link interchange on the road network within the Clarington Energy Business Park, the Highway 407 Project be revised to incorporate the construction of Energy Drive as a project-related work, in lieu of the reconstruction of the South Service Road in this same section; THAT, in compensation for the loss of 28 ha of employment lands in the Clarington Energy Business Park and the Courtice Industrial Park as a result of the Highway 407 Project and in light of the Province’s reluctance to designate additional industrial lands in Clarington, the Ministry of Transportation be requested to acquire additional lands within the Energy Park to allow for their early development for industrial purposes in accordance with the Municipality`s Energy Business Park Secondary Plan; THAT, in compensation for the loss of Rundle Road north of Regional Road 4 and the resulting impact on the road network, the Highway 407 Project be revised to incorporate the construction of Holt Road between Regional Road 4 and Concession Road 6 to maintain north-south connectivity within the local road network and to minimize traffic impacts on the hamlets of Solina and Hampton; THAT the Ministry of Transportation be required to undertake a more detailed traffic analysis as part of the Highway 407 Environmental Assessment to examine the impact of a tolled highway scenario on the local road system; Council Meeting Minutes - 23 - January 25, 2010 THAT the Highway 407 Project be revised to incorporate the acquisition of appropriate lands to provide an interchange at Liberty Street and the Highway 407 mainline either as an alternative to or in addition to the Darlington/Clark Townline Road interchange, with appropriate provision for emergency access to the highway; THAT the Municipality concurs with the Ministry of Transportation that additional discussion is required to address the issue of maintaining access to agricultural lands on Washington Road; THAT the Municipality of Clarington and the Ministry of Transportation will have to continue to liaise on the mitigation of impacts on cultural heritage resources to ensure both provincial and local heritage objections are satisfied; THAT staff be authorized to continue discussions and negotiations with the Ministry of the Environment and the Ministry of Transportation to achieve acceptable solutions to the above-noted issues; THAT a copy of Report PSD-010-10 and Council’s decision be forwarded to the Ministry of the Environment, the Ministry of Transportation, and the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-010-10 and any delegations be advised of Council’s decision. “CARRIED” Item 4 Resolution #C-037-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-012-10 be received; THAT the property being Parts 1, 3, 4 and 5, Plan 40R-14254, former Darlington Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault Conservation Area be declared surplus; THAT the Mayor and Clerk be authorized to sign the by-law attached to Report PSD-012-10 on behalf of the Municipality declaring Parts 1, 3, 4 and 5, Plan 40R- 14254 as surplus; THAT the property be conveyed to the Central Lake Ontario Conservation Authority in exchange for 8 properties set out in Schedule 1 in Attachment 1 attached to Report PSD-012-10, approximately 45 ha in the Bowmanville Urban Area, along the Bowmanville valley; Council Meeting Minutes - 24 - January 25, 2010 THAT the Municipality of Clarington will be responsible for the nominal costs associated with the disposal of the Long Sault Conservation lands including, but not limited to, the cost of any public notices or advertising, land transfer tax, survey costs, legal fees and registration costs; THAT CLOCA would be responsible for the nominal costs associated with the disposal of the Valleylands including, but not limited to, the cost of land severances, easements, land transfer tax, survey costs, legal fees and registration costs; THAT the Mayor and Clerk be authorized to execute all documents necessary to register required easements and convey the lands to the Central Lake Ontario Conservation Authority providing they are to the satisfaction of the Municipal Solicitor; THAT the Mayor and Clerk be authorized to sign the by-law attached to Report PSD-012-10 on behalf of the Municipality to execute the land exchange offer from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville Valley; and THAT all interested parties listed in Report PSD-012-10 and any delegations be advised of Council’s decision. “CARRIED” Item 6 Resolution #C-038-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-014-10 be received; THAT Council endorse the Durham Region Transit Long Term Transit Strategy with the following amendments: ? That consideration be made for built heritage or cultural heritage landscapes; ? That the proposed Rapid Transit service along Highway 2 be extended to the Transitway Station at the future Durham East Link (407); ? That consideration be given to including additional Enhanced Conventional Service routes along its proposed terminus on Baseline Road to Liberty Street and north to Highway 2; ? That local transit service to Orono be maintained and improved through the planning period of this strategy; ? That two additional GO Rail station sites be identified on the east side of Bowmanville and near Newcastle/Highway 35/115; ? That Durham Region Transit give due consideration to the extension of local transit service to employment areas in consultation with Municipal staff; Council Meeting Minutes - 25 - January 25, 2010 THAT Durham Region Transit be congratulated for developing a bold, comprehensive and innovative vision for transit in Durham Region that will assist in transforming the urban character of the Region; and THAT Durham Region Transit be provided a copy of Report PSD-014-10 for their information and action therein. “CARRIED” STAFF REPORT(S) Report CAO-003-10 – Canadian Nuclear Association Conference and Trade Show Resolution #C-039-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report CAO-003-10 be received; THAT Clarington Board of Trade be requested to secure and staff an Exhibitor Booth on behalf of the Municipality of Clarington at the Canadian Nuclear Association Conference and Trade Show Feb.23-25, 2010 in Ottawa; and THAT the CAO be authorized to expend upward of $7,000 to fund this project and the said funds be drawn from the Economic Development Reserve Account. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-040-10 Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS good management and prudence dictate that any organization review and retain or change, as appropriate, its business practices; AND WHEREAS the Municipality of Clarington must deal with legal issues of growing complexity and volume and the costs associated with these issues. Council Meeting Minutes - 26 - January 25, 2010 THEREFORE BE IT RESOLVED THAT a report be prepared within eight weeks by our CAO Frank Wu and the Municipal Solicitor Dennis Hefferon to consider the current policies and practices of the legal services provided to the Municipality of Clarington with a view to retaining those policies and practices that serve the Municipality well and suggestions for improvements and potential cost savings where prudent and appropriate. “MOTION LOST LATER IN THE MEETING” Resolution #C-041-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C-040-10 be amended to delete the words “within eight weeks” and to replace with the words “and referred to the 2010 budget deliberations” and to delete the words “and the Municipal Solicitor Dennis Hefferon”. “MOTION LOST” Resolution #C-040-10 was then put to a vote and LOST. Resolution #C-042-10 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS the lower tier Municipalities of Oshawa, Ajax and Pickering in the last municipal election placed a referendum question on the ballot to poll the question of direct election of the Durham Regional Chairman; WHEREAS the public supported direct election in those municipalities at 88 percent of electorate support; WHEREAS changing the process of electing the Regional Chairman needs a vote of the new Regional Council after the municipal election in order to request the Province to change the Municipal Act. NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington place a referendum question on the ballot to poll the question of direct election of the Durham Regional Chair, and; THAT this resolution be copied to all Municipalities in Durham and; Council Meeting Minutes - 27 - January 25, 2010 THAT Whitby, Brock, Scugog and Uxbridge be encouraged to place a similar question on the ballot for the 2010 election. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster ? Councillor Hooper ? Councillor Novak ? Councillor Robinson ? Councillor Trim ? Councillor Woo ? Mayor Abernethy ? Councillor Foster raised a Point of Order in that comments made should be regarding the placing of a question on the ballot only and not a debate regarding direct election of the Regional Chair. Resolution #C-043-10 Moved by Councillor Woo, seconded by Councillor Foster THAT Resolution #C-622-09, as amended, as it relates to the method of counting ballots during the 2010 Municipal Election be reconsidered, to allow for the following motion to be introduced: ‘THAT vote tabulating equipment be utilized for the 2010 Municipal Election’.” “MOTION LOST ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster ? Councillor Hooper ? Councillor Novak ? Councillor Robinson ? Councillor Trim ? Councillor Woo ? Mayor Abernethy ? Council Meeting Minutes - 28 - January 25, 2010 UNFINISHED BUSINESS Resolution #C-044-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Item 12 of Report #1 – Staff Report CLD-001-10 – Sale of Fireworks – Perfect Party Place be lifted from the table. “CARRIED” Resolution #C-045-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report CLD-001-10 be received; THAT the request of Mike and Carmen Gazo, Owners, Perfect Party Inc. to sell fireworks year round, be denied; and THAT Mike and Carmen Gazo be advised and forwarded a copy of Report CLD-001-10. “CARRIED” Deputy Mayor Trim chaired this portion of the meeting. Resolution #C-046-10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Resolution #C-013-10 be lifted from the table. “CARRIED” Resolution #C-047-10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Resolution GPA-351-09 which approves Pay Equity for the Non-Affiliated staff be amended to rescind the following clause: That in order to maintain pay equity Department Heads and Emergency Services Deputies be adjusted by the recognition pay value if awarded to the Fire Association employees at 3%, 6% and 9% effective January 1, 2010 without retroactivity to prior years; and Council Meeting Minutes - 29 - January 25, 2010 THAT the remaining clauses of the resolution remain unaltered. “CARRIED LATER IN THE MEETING” Resolution #C-048-10 Moved by Councillor Woo, seconded by Mayor Abernethy THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed to consider personal matters about identifiable individuals, including municipal or local board employees. “CARRIED” The meeting resumed in open session at 10:55 p.m. The Deputy Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #C-047-10 was then put to a vote and “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Mayor Abernethy ? Councillor Foster ? Councillor Hooper ? Councillor Novak ? Councillor Robinson ? Councillor Woo ? Councillor Trim ? Mayor Abernethy resumed the Chair. Resolution #C-049-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT the meeting be extended for ten minutes in order to complete the agenda. “CARRIED” Council Meeting Minutes - 30 - January 25, 2010 Resolution #C-050-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the presentations of the Durham Regional Police Service and Gord Lee be received with thanks. “CARRIED” BY-LAWS Resolution #C-051-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-007 to 2010-010 inclusive; 2010-007 Being a by-law to declare the lands more particularly described as Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlington Township in the Municipality of Clarington to be surplus 2010-008 Being a by-law to authorize the Exchange of land: Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlington Township be transferred to Central Lake Ontario Conservation as set out in Schedule 1 and P.I. N. Numbers 266150214; 266150215; 266140034; 266140035; 26932043; 26932048; 266440044; and 266450071 as set out in Schedule 2 be transferred to the Municipality of Clarington 2010-009 Being a by-law to exempt a certain portion of Registered Plan 40M-1929 from Part Lot Control 2010-010 Being a By-law to adopt the Use of Corporate Resources for Election Purposes Policy; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER INFORMATION There was no Other Information introduced under this Section of the Agenda. Council Meeting Minutes - 31 - January 25, 2010 CONFIRMING BY-LAW Resolution #C-052-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-011, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of January 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-053-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 11:02 p.m. °CARRI ED"