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HomeMy WebLinkAbout02/08/2010 Council Meeting Minutes FEBRUARY 8, 2010 Minutes of a regular meeting of Council held on February 8, 2010 at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Facilities Manager, G. Acorn Purchasing Manager, J. Barber Internal Auditor, L. Barta Director of Engineering Services, T. Cannella Solicitor, D. Hefferon Acting Director of Planning Services, F. Langmaid Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Mayor Abernethy stated he attended the Clarington Project’s Polar Chili Golf Classic on February 6, 2010. Mayor Abernethy also attended the opening of George Smitherman’s Campaign Office in Toronto. Mr. Smitherman has registered to run in the 2010 City of Toronto Mayoral race. Council Meeting Minutes - 2 - February 8, 2010 Resolution #C-054-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on January 25, 2010, be approved. “CARRIED” Resolution #C-055-10 Moved by Councillor Foster, seconded by Councillor Novak THAT the rules of procedure be suspended to allow Rosemary Yeremian, Chair, Ontario Nuclear New Build Council, to address Council regarding the Canadian Nuclear Association Conference. “MOTION LOST” Councillor Novak stated that Dale Hunt, sister of Beth Markle [Delegation (d)], has advised that Beth will not be in attendance this evening and will reschedule her delegation. PRESENTATIONS Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec addressed Council to provide an Update on the Durham/York Residual Waste EA Study. Through use of a PowerPoint presentation, Mr. Curtis provided a brief update on the status of the Durham/York Residual Waste Study Environmental Assessment process. Mr. Curtis reviewed a chronology of events and timelines highlighting significant project dates and outlining next steps in the process. Mr. Curtis stated the Environmental Assessment (EA) was submitted to the Ministry of the Environment on July 31, 2009, with an amended EA which included minor revisions submitted on November 27, 2009 and an Addendum to the EA regarding the procurement process submitted on December 16, 2009. He noted a Notice of Completion of the Ministry review of the Environmental Assessment is anticipated mid-February and that there will be a five week review period for public inspection of the Ministry’s review. Mr. Curtis stated that if all goes well, the EA could be in the Minister’s office by late June or early July, and then forwarded to Cabinet for approval. Mr. Curtis confirmed that the Minister can refer all or part of the application to an Environmental Review Tribunal, to mediation or can proceed to a decision of either approval, approval with conditions or refusal. Council Meeting Minutes - 3 - February 8, 2010 Mr. Curtis indicated that $13,422,000 was the approved budget for the Environmental Assessment and expenditures to the end of 2009 are approximately $11,700,000 split 50/50 with York Region. He stated there are sufficient funds remaining to implement the EFW project to EA approval excluding referral to the Environmental Review Tribunal or mediation but noted however, that there is no indication those actions will be required. Jim McKay, Stantec, confirmed that modeling and results regarding the PM 2.5 issue have not changed. In response to questions, Mr. Curtis confirmed that the approval is for 140,000 tonnes and that a new EA would have to be submitted under regulations at the time for expansion to a 400,000 tonne facility. Mr. Curtis stated he believes the document submitted in December is internally consistent, complete and correct and he has no cause for concern with what was submitted noting that all amendments and addendum are summarized in the Rationale and Concordance Tables at http://www.durhamyorkwaste.ca/amended_ea_study_doc.php. DELEGATIONS Louis Bertrand addressed Council concerning Staff Report #1 - Report PSD-021-10 – Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants – Air Quality Impacts. Mr. Bertrand advised the work that is being presented to the public by the Ministry is not only a review of the EA Study but also the comments by the Government Review Team, the public, proponents and responses to those comments. It is an ongoing interactive process and it is crucial that the peer reviewers follow up on the comments. Mr. Bertrand indicated that this is the last chance that stakeholders will have to provide input into the project before the Minister makes a decision and urged Council to request SENES to confirm in writing that they have reviewed the document. Mr. Bertrand urged Council to defeat the staff recommendation. Doug Anderson addressed Council concerning Staff Report #1 - Report PSD-021-10 – Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants – Air Quality Impacts. Mr. Anderson expressed concern that the Report seems to suggest that a reduction in capacity has solved all the problems. He feels that 400,000 tonnes was added to the EA to avoid the necessity of conducting a future EA. Mr. Anderson stated he provided Council with figures last year showing that the numbers don’t add up and this information was simply ignored because the Business Case is not part of the EA. Mr. Anderson stated the majority of politicians in Durham Region share the concerns of Clarington constituents regarding air pollution in Durham Region and he urged Council to listen to the public, reject the staff recommendation and re-engage the peer reviewers to look beyond the scope of the EA. Council Meeting Minutes - 4 - February 8, 2010 Dale Hunt addressed Council concerning Item 2 of Report #1 - Report PSD-015-10 - To Rezone Residential and Limited Commercial Properties to Permit the Construction of a New Retail Commercial Building. Ms. Hunt stated she feels appearing before Council this evening regarding 57 Mill Street South would be premature and that she will wait until the site plan process begins. Beth Markle advised that she would not be addressing Council. Wendy Bracken addressed Council concerning Staff Report #1 - Report PSD-021-10 – Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants – Air Quality Impacts. Ms. Bracken stated she disagrees with the recommendation contained in the staff report and is concerned that the public does not have a written report from SENES to determine their reasoning. She stated that air quality impacts cannot be limited to a 400,000 tonne per year facility. Ms. Bracken drew Council’s attention to comments of Heath Canada reviewers regarding the requirement for additional mitigation measures noting the consultant’s response was contrary in recommending that additional mitigation measures not be taken. Ms. Bracken urged Council to conduct another peer review due to the number of items that were not signed off. She also stated that Clarington peer reviewers did not comment on the final or amended EA and expressed concern that the Project Team is still using outdated Ministry of the Environment Ambient Air Standards instead of the appropriate toxicity reference standards. Louis Bertrand addressed Council concerning the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec – Update on the Energy-From-Waste EA. Mr. Bertrand stated he has grave concerns with the EA process as it stands in terms of how it has evolved and its ability to protect the public from a potentially harmful product. Mr. Bertrand feels the municipality is not getting the “best of the best” which was promised and questioned if the best approach is being taken for the benefit of the public. Mr. Bertrand expressed concern that the project website was not up-to-date for the longest time and that the th January 15 table of comments and responses was posted at the bottom of a very long list of reports under “What’s New”. Wendy Bracken addressed Council concerning the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec – Update on the Energy-From-Waste EA. She expressed concern that Mr. Curtis referred to the first amendment to the EA as dealing with minor matters and does not consider changing from a 400,000 tonne facility to a 140,000 tonne facility a minor matter. Ms. Bracken stated the main concerns raised by Clarington peer reviewers were not changed. She noted that the Clarington Peer Reviewers provided comments on the Draft EA only, not the Final or Amended EA. She urged Council to have reviewers look at mitigation measures that Health Canada is recommending as particulate matter is a key pollutant and Health Canada has commented that the project will significantly add to air quality issues. Council Meeting Minutes - 5 - February 8, 2010 Linda Gasser addressed Council concerning the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec – Update on the Energy-From-Waste EA. Ms. Gasser stated it is a huge struggle to get accurate and timely information from the proponents and Project Team and that citizen reviewers has been concerned with cost and process issues for some time. Ms. Gasser advised that as the potential host community it is essential that staff and Council fully understand the EA process. She urged Council to read the Ministry of the Environment’s Code of Practice to understand their role. Ms. Gasser expressed concern that Durham staff have indicated that only minor amendments were made to the EA and she has made the logical assumption based on her review and on the technical reviewer’s comments that the prospects for a 400,000 tonne facility were not that good. Ms. Gasser stated this project has great potential to cause serious human heal and environmental impacts. Linda Gasser addressed Council concerning Staff Report #1 - Report PSD-021-10 – Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants – Air Quality Impacts. Ms. Gasser stated the staff recommendation is premature and that there has been no Ministry of the Environment “sign off” on air quality or site specific health concerns. She stated that issues continue to be raised by citizen reviewers and other technical reviewers and that they could be included. Ms. Gasser feels it is imperative that Council is made aware of the contents of the SENES response and knowing what SENSES reviewed and their comments is a Council responsibility. She indicated that neither SENSES nor staff have reviewed the Final EA document and that doing a peer review would not delay the EA process. Ms. Gasser expects that Council will make the health and welfare of Clarington residents a priority and urged them to defeat recommendation #2 and to engage peer reviewers to perform this review as part of their due diligence. Kristin Robinson addressed Council concerning Staff Report #1 - Report PSD-021-10 – Durham/York Residual Waste Environmental Assessment Re-engagement of Peer Review Consultants – Air Quality Impacts. Ms. Robinson expressed concern that air quality issues have not been addressed and requested Council to re-engage the peer reviewers. She feels that the community’s health has not been protected and questioned whose advice Council will take, Health Canada’s or the Project Team’s. She also stated that in her opinion, it would appear that a municipality who does not make formal comments does not care one way or the other and she feels the Host Community would have something to say. Ms. Robinson requested that Council re- engage experts to look at all the problems the community reviewers are bringing forward. Resolution #C-056-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes. “CARRIED” Council Meeting Minutes - 6 - February 8, 2010 The meeting resumed at 8:46 p.m. COMMUNICATIONS Resolution #C-057-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Item I - 8. “CARRIED” I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated December 10, 2009 I - 2 Minutes of the Clarington Agricultural Advisory Committee dated January 14, 2010 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated January 20, 2010 I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 15, 2010 I - 5 Minutes of the Clarington Traffic Management Advisory Committee dated November 19, 2009 I - 6 Minutes of the Central Lake Ontario Conservation Authority dated January 19, 2010 I - 7 Linda Gasser, writing to the Regional Finance and Administration Committee, indicating that since last fall she has brought a number of concerns regarding the Waste (Incinerator) EA study process related to costs and potential impacts on the 2010 budget to the attention of several Regional Standing Committees and Regional Council; expressing concern that neither the Committees nor Regional Council are being provided with sufficient information regarding the EA study process and costs to be aware of the project status, to determine what the prospects are for EA approval and what the costs to complete the project would be, or that clear and sufficient direction to the Project Team staff is given to ensure proper project oversight and regular detailed updates; expressing concern that the Project Team Council Meeting Minutes - 7 - February 8, 2010 has not fully addressed many issues in the Amended EA and questioning whether the current project team consultants are capable of completing the EA Study and Certificates of Approval, if the EA were approved, in a satisfactory manner; and, questioning in what manner Regional Council and members of the public are generally informed when direction to staff is provided outside of Committee meetings. I - 9 John R. O’Toole, MPP, Durham, writing to the Honourable Gerry Phillips, Minister of Energy & Public Infrastructure Renewal, forwarding a copy of correspondence from the Clarington Board of Trade (CBOT) in support of the construction of two additional reactors at the Darlington Nuclear Generating Station; and, questioning what steps the government will take in the year ahead to advance the construction of this project. I - 10 John R. O’Toole, MPP, Durham, forwarding a copy of the response he received from the Honourable Jim Watson, Minister of Municipal Affairs and Housing, acknowledging concerns Mr. O’Toole has raised regarding the Ontario Municipal Partnership Fund (OMPF) and advising that his letter has been forwarded to the attention of the Minister of Finance for consideration. Mr. O’Toole will advise Council once a reply is received. I - 11 John R. O’Toole, MPP, Durham, forwarding a copy of the response he received from the Honourable Jim Watson, Minister of Municipal Affairs and Housing, concerning Clarington’s resolution regarding the Places to Grow Act advising the correspondence has been referred to the Honourable George Smitherman, Minister of Energy and Infrastructure for consideration. Mr. O’Toole will advise Council once a reply is received. I - 12 P. M. Madill, Regional Clerk, Region of Durham, writing to Darlene Dove, Policy Analyst, Water Resources Section, Ministry of Natural Resources, Lands and Waters Branch, advising that on January 27, 2010, Regional Council adopted the following resolution pertaining to Policies and Procedures for Conservation Authority Plan Review and Permitting Activities: “a) THAT Report #2010-P-2 of the Commissioner of Planning be forwarded to the Ministry of Natural Resources as the Region of Durham’s comments on the proposed ‘Policies and Procedures for Conservation Authority Plan Review and Permitting Activities’, as contained in EBR Posting 010-8243; and Council Meeting Minutes - 8 - February 8, 2010 b) THAT a copy of Report #2010-P-2 be forwarded to the Ministry of Municipal Affairs and Housing, the Area Municipalities, and to each Conservation Authority having jurisdiction in Durham Region, for their information. I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on January 27, 2010, Regional Council adopted the following resolution pertaining to Amendments to Regulations Under the Planning Act to Notify Propane Facility Operators of New Development Applications: “a) THAT Report #2010-P-3 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-3 be forwarded to the Area Municipalities for information. I - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on January 27, 2010, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: “a) THAT Report #2010-P-5 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-5 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information.” I - 15 P. M. Madill, Regional Clerk, Region of Durham writing to the Association of Municipalities of Ontario advising that on January 27, 2010, Regional Council adopted the following resolution pertaining to Regional Municipality of Durham Staff Comments Prepared in Response to the Minister of the Environment’s Report on the Waste Diversion Act 2002 Review – “From Waste to Worth: The Role of Waste Diversion in the Green Economy”: "a) THAT The Regional Municipality of Durham staff comments outlined in Report #2010-J-1 of the Commissioner of Works regarding the Minister of the Environment’s Report on the Waste Diversion Act 2002 Review – 'From Waste to Worth: The Role of Waste Diversion in the Green Economy' be forwarded to the Ministry of the Environment for its consideration in advance of the February 1, 2010 comment deadline, suggesting that the Waste Diversion Act include: Council Meeting Minutes - 9 - February 8, 2010 i) PRODUCER PAYS: Recognition of the need for 100 per cent Extended Producer Responsibility funding for all designated materials handled by municipalities as part of their integrated waste management systems; ii) EASE AND CONVENIENCE: Recognition of the significance of source separation, and the role of municipalities in implementing municipal solid waste collection policies and direct incentives to residents that are contributing significantly to the overall diversion goals shared by the Province of Ontario; iii) MAINTAIN SERVICE LEVELS: Guarantees of existing or better levels of waste services to residents which include as a minimum curbside collection of blue box materials and waste facility collection points throughout The Regional Municipality of Durham; iv) FAIR COMPENSATION FOR EXISTING ASSETS: Guarantees that if municipal operations, contracts or infrastructure are affected by new Provincial waste diversion programs or transfers to the private sector, municipalities will be fully compensated for any negative financial impacts, including payment, at fair market value, for any transferred and/or stranded assets; v) RECOGNITION OF RECOVERY AS DIVERSION: Endorsement of the Canadian Council of Ministers of the Environment definition of the waste diversion hierarchy that recognizes reduction, reuse, recycling and recovery as key elements; vi) RECOGNITION OF RECOVERY AS DIVERSION: Recovery of energy as a part of a fully integrated waste management system and the recognition that diversion includes the use of energy-from-waste residuals (ash and other recoverables) to replace elements in the production of new products and packaging, or incorporate in the production of new products or packaging; vii) FAIR DISTRIBUTION OF LEVIES: Recognition of the need to exempt wastes that are managed through thermal treatment processes that recover energy, generate syn-gases, or further capture recyclables from disposal levies; Council Meeting Minutes - 10 - February 8, 2010 viii) PROMOTION OF BEST PRACTICES: Guarantees that new Provincial diversion strategies will include municipal consultation, and specifically recognize principles identified by municipalities as contributing to diversion successes, including that: A) New systems and strategies should not be implemented without demonstration of reduced environmental impacts, compared to existing diversion systems; B) Waste contamination of recyclable or reusable materials should be minimized, which could become a challenge for specific proposals which may involve collecting, transporting and/or processing Industrial, Commercial and Institutional materials with typically cleaner municipal solid waste materials in a homogeneous system; C) Additional materials should only be diverted once a stable market exists for resale or reuse of the final product to ensure efforts are not wasted on items ultimately destined for disposal; and, D) New systems and strategies should not be implemented without demonstration that they are user-friendly, tolerable, cost-effective and accessible to ensure maximum public support and participation; ix) MUNICIPALITIES CONTROL WHICH ASSETS ARE TRANSFERRED: Guarantees that municipalities retain the sole discretionary decision to decide whether municipal infrastructure is transferred to the private sector; x) TRANSITION FUNDING TO MUNICIPALITIES AT 100 PER CENT OF NET COSTS: Guarantees that Ontario municipalities will receive full Extended Producer Responsibility funding to offset diversion program costs during the transition; xi) ASSURED INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL COMPLIANCE: Implement appropriate measures that will incentivize compliance of diversion targets by the Industrial, Commercial and Institutional sectors based upon the 4R’s, reduction, reuse, recycling and recovery; Council Meeting Minutes - 11 - February 8, 2010 xii) MAINTAIN EXISTING DIVERSION RATES WITHIN CURRENT WASTE DIVERSION ONTARIO MUNICIPAL GROUPINGS: Enforcement of material specific diversion targets and appropriate penalties and fines to producers must be applied and be commensurate with an analysis of the environmental benefits versus costs; xiii) CONTINUED CONSULTATION: Recognition of the need for continued engaging discussions with the Province of Ontario municipalities at each transition phase, regarding implementation options and implications, phase-in timelines, performance guarantees and staffing for proposed initiatives, recognizing the role of municipalities as direct service provider, including waste collection services, to most of the Province of Ontario’s more than 4.5 million households; xiv) COORDINATED PROVINCIAL PROMOTION AND EDUCATION: Collaborative promotion and education initiatives and call centre programs for an integrated and seamless interface between Ontario’s waste management programs and the public; and xv) THAT the Association of Municipalities of Ontario (AMO) continue to have the right to appoint members to the Waste Diversion Ontario (WDO) Board of Directors; b) THAT Regional comments include a request that Provincial efforts encourage Extended Producer Responsibility through movement towards 'zero waste' and include clear definition of the concept of 'zero waste' to ensure development of meaningful and achievable diversion plans; c) THAT Regional staff be authorized to discuss these recommendations with Provincial staff and the Association of Municipalities of Ontario (AMO) and to provide the required detailed background information; and d) THAT a copy of Report #2010-J-1 be forwarded as information to the Clerks of each of The Regional Municipality of Durham’s Local Area Municipalities, AMO, and the local MPP's." Council Meeting Minutes - 12 - February 8, 2010 I - 16 Association of Municipalities of Ontario (AMO) advising AMO has made its pre-budget submission to the Standing Committee on Finance and Economic Affairs entitled “Propelling Economic Prosperity” outlining a re-affirmation of current cost-shared arrangements that provide predictable municipal funding including, continued investment in municipal infrastructure, improved economic development opportunities with enhanced financial tools, rebalancing municipal liability exposure by instituting a better approach to liability, reflecting on the massive infrastructure investments made by all three orders of government through the Economic Stimulus program; and, cautioning the government that any change to these agreements would plunge many municipalities into deep and frigid financial waters. A full copy of AMO’s pre-budget submission is available at www.amo.on.ca. I - 8 Correspondence has been received from the following groups/individuals in support of the new Nuclear Build project at Darlington Nuclear Generating Station in Clarington as a major economic boost to Clarington, Durham Region and the Province of Ontario: a) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd. b) Randy Henry, Courtice Flea Market, 994990 Ontario Limited c) Mayor Linda Thompson, Municipality of Port Hope d) Kurt Henry, The Mortgage Centre e) Elaine Garnett, CHEX TV Channel 12 Durham Resolution #C-058-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item I - 8 from Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd., Randy Henry, Courtice Flea Market, 994990 Ontario Limited, Mayor Linda Thompson, Municipality of Port Hope, Kurt Henry, The Mortgage Centre and Elaine Garnett, CHEX TV Channel 12 Durham, in support of the new Nuclear Build project at Darlington Nuclear Generating Station, be received with thanks. “CARRIED” Council Meeting Minutes - 13 - February 8, 2010 CORRESPONDENCE FOR DIRECTION Resolution #C-059-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 6, be approved as per the agenda. “CARRIED” D - 1 Rebecca Evans, President, and Donna Donaldson, Executive Officer, Durham Region Home Builders’ Association, inviting Mayor Abernethy to attend the Association’s “Mayors & Members” evening on March 23, 2010, as they launch “New Homes Month” in Durham Region; and, requesting Council to declare April 2010 as “New Homes Month” in recognition of new home construction and home ownership as a basic factor in economic progress and quality of life. (Proclaimed) D - 2 Donald G. Duthie, Sponsoring Committee Chairman, 172 Royal Canadian Air Cadets of Clarington, requesting permission to hold Tag Days on Thursday April 29, 2010 to Sunday, May 2, 2010, in and around Clarington to help raise funds to finance activities which are not funded by sponsors such as weekend exercises, citizenship tours or trips to museums. (Request approved for 172 Clarington Squadron Royal Canadian Air Cadets Tag Days April 29 to May 2, 2010) D - 3 William Stratton, Chair, Day of Mourning Committee, Durham Region Labour Council, advising that National Day of Mourning is officially th recognized as April 28 each year in recognition of working people who have died at the workplace, or suffered injuries on the job; and, requesting Council to proclaim Wednesday, April 28, 2010, as “Day of Mourning” and that the flags be lowered on Municipal Buildings in honour and remembrance of those killed at the workplace. (Proclaimed and flags to be lowered on Municipal Buildings) Council Meeting Minutes - 14 - February 8, 2010 D - 4 James Osborne and Pamela Callus, forwarding correspondence in opposition to the application to amend the Clarington Official Plan and Zoning By-law by Timothy and Sandra Kearns to permit an outdoor recreational vehicle storage business at 3424 and 3436 Courtice Road. The correspondence indicates that they are not opposed to the business per se, but are opposed to the location for a wide range of reasons and outlined planning, personal and environmental factors regarding the proposed development. (Correspondence referred to the Director of Planning Services) D - 5 Laverne Morrison, Advertising Consultant, Metroland, Durham Region Media Group, forwarding advertising proposals for printing and distributing of the 2010 Clarington.net newsletters and for production, printing and distribution of a Clarington Lifestyle Magazine. (Correspondence referred to the 2010 Budget Deliberations) D - 6 Robert Howard and Lynn Martin, United Way of Oshawa-Whitby- Clarington-Brock & Scugog, advising of their intention to bring the Ride4UnitedWay event, to Clarington on August 29, 2010, and to use the Garnet B. Rickard Recreation Complex as the starting and end point for the ride; thanking Members of Council and staff for their encouragement about the prospects for the event and the opportunity to help the United Way in Clarington; and, requesting a grant be provided to cover the fee for the use of the Complex for this event, in recognition of the United Way as a charitable organization who will invest the proceeds of this event in Clarington agencies and the surrounding Durham area. (Correspondence referred to the Municipal Grant Process) COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 1, 2010. Resolution #C-060-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of February 1, 2010 be approved, with the exception of Item #4. “CARRIED” Council Meeting Minutes - 15 - February 8, 2010 Item 4 Resolution #C-061-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-017-10 be received; THAT Staff continue processing the applications to amend the Official Plan and Zoning by-law; and THAT all interested parties listed in Report PSD-017-10 and any delegations be advised of Council’s decision. “CARRIED” STAFF REPORT(S) Resolution #C-062-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-021-10 be received; THAT the Peer Review consultants for the EFW (Air Quality Impacts) not be re- engaged given that the modification of the Project Description in the EA from a 400,000 tonne per year facility to a 140,000 tonne per year facility addresses the air quality comments previously provided by the peer reviewers; THAT a copy of Report PSD-021-10 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-021-10 and any delegations be advised of Council’s decision. “CARRIED” Resolution #C-063-10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD-022-10 be received; Council Meeting Minutes - 16 - February 8, 2010 THAT the request for Removal of Part Lot Control with respect to Lots 2, 3, 4, 5, 6, 7, 8, 9, 12,14 and 15 of 40M-2278 be approved and that the Part Lot Control By-law contained in Attachment 2 of Report PSD-022-10 be passed at such time the taxes for these lands have been paid pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-022-10 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION Mayor Abernethy indicated that he would not be proceeding with the motion regarding the appointment of a Regional Integrity Commissioner at this meeting. UNFINISHED BUSINESS Resolution #C-064-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegations of Louis Bertrand, Wendy Bracken and Linda Gasser, with respect to the presentation ofCliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec Energy-From-Waste Project - Update, be received with thanks. “CARRIED” Resolution #C-065-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher Ollson, Stantec - Energy-From-Waste Project Update, be received with thanks. “CARRIED” Council Meeting Minutes - 17 - February 8, 2010 BY-LAWS Resolution #C-066-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-012 to 2010-016 inclusive; 2010-012 Being a by-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington 2010-013 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2010-014 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2010-015 Being a by-law to amend By-law 2009-123 to regulate Election Signs 2010-016 Being a By-law to exempt a certain portion of Registered Plan 40M-2048 from Part Lot Control THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” Deputy Mayor Novak chaired the remainder of the meeting. NOTICE OF MOTION Mayor Abernethy and Councillor Hooper gave notice that they will be introducing the following motion at the next Council meeting: “WHEREAS in 2008, Lakeridge Health Bowmanville approached the Municipality of Clarington seeking $2 million for the Touching Lives Campaign, WHEREAS Clarington Council denied the request as health care was and still is considered a provincial responsibility, the cost of which should not be added to property taxes, WHEREAS the Bowmanville Memorial Foundation continues to raise funds for their Touching Lives Campaign, WHEREAS a pledge of financial support from the Municipality of Clarington would be a much needed boost to the fundraising efforts of Bowmanville Memorial Foundation, Council Meeting Minutes - 18 - February 8, 2010 WHEREAS in the event that the Municipality of Clarington made a pledge of financial support, such funds would be applied toward the following areas of the Touching Lives Campaign: Mammography; Intensive Care Unit; Emergency and Same Day Surgery/Endoscopy, WHEREAS the Region of Durham has pledged $750,000 to the Touching Lives Campaign, WHEREAS Council deems it appropriate to follow the lead of the Region to improve the health care facilities for our residents, NOW THEREFORE BE IT RESOLVED 1. THAT The Municipality of Clarington’s Council pledges $500,000 towards the Touching Lives Campaign on the conditions that the said fund be directed to the aforementioned areas of the Campaign, and 2. THAT the said fund be drawn from the $10 million Host Community Reserve Fund for the Port Granby Project on the condition that the fund can only be drawn upon the Government of Canada commences construction of the new low level radioactive waste management facility at Port Granby.” OTHER INFORMATION Councillor Robinson questioned whether the Municipal Solicitor had reviewed the Host Community Agreement for the Energy-From-Waste Project. Mr. Hefferon confirmed that he had reviewed the agreement last May and had provided comments to Mr. Wu. He stated the resolution adopted by Council had authorized the Mayor and the Municipal Clerk to sign the agreement, if he was satisfied with it. Mr. Wu sent a letter to the Region requesting amendments to be made before the Agreement was executed and he has not received a reply to this correspondence. Mr. Wu confirmed that the comments he translated to the Region have been clarified by the Region and that the Agreement will be forthcoming in next few days. He also confirmed that there is no interrelationship between the Host Community Agreement and the EA process. Councillor Foster expressed disappointment that Council did not permit Rosemary Yeremian, Chair, Ontario Nuclear New Build Council to appear as a delegation this evening. He stated the Council’s plan is to get broad-based support to show how important new build is to the Ontario economy and to have a presence at the Canadian Nuclear Association Conference in Ottawa. Councillor Foster stated this is a partnership with businesses that parallel Council’s goal and it was Ms. Yeremian’s intension to request nominal funding for the Conference. Council Meeting Minutes -19- February 8, 2010 Mayor Abernethy suggested that Fred Dean, Legal Counsel and facilitator with AMO and AMCTO be invited to a future Council meeting to provide Members of Council with the opportunity to have Mr. Dean respond to questions they may have concerning Municipal Conflict of Interest. CONFIRMING BY-LAW Resolution #C-067-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-017, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 8th day of February 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-068-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:35 p.m. "CARRIED"