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HomeMy WebLinkAbout03/01/2010 Council Meeting Minutes March 1, 2010 Minutes of a regular meeting of Council held on March 1, 2010 at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Deputy Fire Chief, M. Berney, attended until 8:34 p.m. Director of Engineering Services, T. Cannella, attended until 11:21 p.m. Director of Community Services, J. Caruana, attended until 11:21 p.m. Manager of Communication and Marketing, J. Cooke, attended until 8:34 p.m. Solicitor, D. Hefferon Deputy Fire Chief, B. Hesson, attended until 8:34 p.m. Acting Director of Planning Services, F. Langmaid, attended until 11:21 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 11:21 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11:21 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 11:21 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Correspondence Item D - 7. Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to Item #1(e) of Report #2 and delegation (g) of Richard Ward. Council Meeting Minutes - 2 - March 1, 2010 ANNOUNCEMENTS Mayor Abernethy announced the following: ? The Ministry of the Environment Review of the Durham/York Residual Waste Study Amended Environmental Assessment was released on Friday, February 26, 2010. The Review and Notice of Completion are available for public review at the Ministry of the Environment offices, the Regional Clerk’s Departments the lower tier municipalities of both Durham and York Regions and all public libraries in the Regions of Durham and York as well as on www.ebr.gov.on.ca or the Durham/York Residual Waste Project site. Mayor Abernethy referenced the conclusion of the study indicating that the Ministry is satisfied that concerns have been addressed, the Ministry is satisfied with the Regions’ proposed mitigation measures to ensure that any potential impacts are appropriately managed and that potential environmental effects of the proposed undertaking can be managed through the commitments made in the amended EA and in response to the concerns raised during the EA process. ? He, along with Councillor Woo, Franklin Wu and Jane Pascoe, attended The Canadian Nuclear Association Annual Conference and Tradeshow in Ottawa indicating the Association is celebrating 50 years as a world-wide leader in the nuclear industry. Mayor Abernethy stated that the Municipality of Clarington participated as a vendor, the first municipality ever to participate, and this provided an opportunity to make it clear to suppliers that “Clarington is the place to be” and to reinforce Clarington’s support of the nuclear industry. ? Mayor Abernethy announced that this morning he, along with Councillors Novak, Trim, Foster and Hooper attended a breakfast club sponsored by the Greater Toronto Marketing Association with the Honourable Brad Duguid, Minister of Energy and Infrastructure, as guest speaker where the Minister indicated that the Province is very committed to the Clarington Nuclear New Build project. Councillor Trim concurred that there is sufficient optimism that the Province is ready and willing to commence the Nuclear New Build Project and that there are a number of people working both upfront and behind the scenes to ensure that Clarington is “the place to be”. Councillor Woo stated that he was pleased to attend the Canadian Nuclear Association Conference this past week and felt the exhibit by Clarington was timely and important adding that Clarington was the only host community to formally display support for the nuclear industry. Councillor Woo felt it was important that representatives from Clarington were in attendance to meet industry partners face-to- face and to get the message out that Clarington is open for business and that Durham Region is Ontario’s Energy Capital. Council Meeting Minutes - 3 - March 1, 2010 Councillor Foster expressed appreciation to Sheila Hall and the Clarington Board of Trade for their efforts regarding the Nuclear New Build at Darlington. Councillor Foster announced that Shoeless Joe’s is now open in Courtice. Councillor Novak announced that Clarington was specifically identified in Vantage Magazine offering great insight into things happening. Councillor Novak paid tribute to all Canadian Olympic athletes and to the young athletes in attendance at tonight’s Council meeting. Councillor Hooper announced the following: ? He reiterated Councillor Trim’s comments regarding the Province’s willingness to move forward on the Nuclear New Build Project indicating that the Province wants to save money for Ontario taxpayers. ? This past weekend Matt Morison from Burketon participated in the Olympic Games and that he attended a very enjoyable Olympic event at the Enniskillen Public School. ? An Incinerator Information Session will be held at Faith United Church on March 2, 2010 at 7:00 p.m. Councillor Trim announced that last Tuesday at the Ontario Good Roads Convention, Phil Broome, retired Clarington employee, received an award for 35 years of excellent service. Councillor Woo announced the following: ? Staples office supply store at King Street and Liberty Street will open on Saturday, March 6, 2010. ? On Saturday, February 27, 2010, he, along with Councillor Foster and Fred Horvath, attended a farewell for Richard Toms at the Visual Arts Centre. Resolution #C-069-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the order of the Agenda be altered to allow Presentation (b) to occur prior to Presentation (a). “CARRIED” Council Meeting Minutes - 4 - March 1, 2010 Resolution #C-070-10 Moved by Councillor Trim, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on February 8, 2010, be approved. “CARRIED” PRESENTATIONS Mayor Abernethy congratulated the Newcastle Novice Rep Team - Newcastle Stars, winners of the International Invitational Silver Stick Hockey Championship and presented congratulatory certificates to Thomas Loudfoot, Carter Watkins, Conner Sayers, Conner Davies, Trent Yarrow, Ryan Chaffey, Austin Yates, Max Stapleton, Tim Robinson, Jorden McCool, Tyler McGarvey, Jacob Cavers and Luke Ladouceur, and to Coaching Staff Jay Summers, Roger Yates, Marc Ladouceur, Jim Cavers and Tricia McCool. Tracey Yates, Coaching Staff was not in attendance this evening. Roger Anderson, Regional Chair, Region of Durham, addressed Council to provide his Annual Regional Update including key achievements of 2009 and major tasks facing the Region in 2010. Mr. Anderson advised that despite the difficulties of the recession, 2009 was a very productive year for Regional Council and provided an overview of the following initiatives: ? Renewal of the Durham Region Strategic Plan for 2009 to 2014, a framework for identifying goals, balancing priorities, setting objectives and measuring progress. The new Plan has an overarching focus on sustainability with objectives under five broad themes – promoting a vibrant economy, protecting the environment, balancing growth to enable sustainable communities, promoting a safe, healthy, caring and inclusive community and enhancing partnerships and continuing service excellence. Mr. Anderson highlighted the following achievements and upcoming challenges in relation to the five themes: Promoting a Vibrant Economy The decline in the auto sector jobs required efforts to transform and diversify the economic base. Mr. Anderson reviewed achievements under this theme including: Council Meeting Minutes - 5 - March 1, 2010 ? Relocation and Expansion of Algoma Orchards resulting in a state-of-the art, zero-waste juicing facility in Clarington and creating additional jobs in Durham Region ? The Art of Transition Conference hosted by the Durham Region Economic and Tourism Department bringing together parties from various sectors to focus on ways of transforming the Regional economy. Feedback from participants was used to generate follow-up actions that are outlined in the premier issue of “Transitions” magazine and on the Region’s website ? Durham Tourism e-newsletter has increased membership subscriptions to 14,000 and 2010 will see increasing focus on arts and cultural attractions ? Initiation of the Goods Movement Study to optimize transportation assets such as roads, rail, ports and airports to better support the agriculture, energy and manufacturing sectors ? The submission of a bid to the Province by the Durham Strategic Energy Alliance to create a Research Innovation Centre in Durham to promote research, commercialization efforts, investment and job growth ? Receipt of unprecedented commitment of federal and provincial funding for infrastructure and stimulus projects for road, water and waste water rehabilitation, transit and social housing projects totaling approximately $200 million creating jobs and long-term investment in community infrastructure ? The investment of $2.8 million for reconstruction of Regional Road 17 (Mill Street) from Highway 2 to Highway 401; $1 million for rehabilitation of 3.2 kilometres of Regional Road 20 (Mosport Road) from Middle Road to Liberty Street, replacement of Black Creek Bridge on Courtice Road, a $3.2 million project and investment of $1.1 million in traffic control systems and guiderails at 18 locations in Clarington Mr. Anderson highlighted the proposed 2010 Regional Roads program and water and wastewater projects: ? Approximately $2 million for road rehabilitation on Regional Highway 2 and Regional Road 57 ? $260,000 for traffic control improvements at 5 locations in Clarington ? $250,000 for preparatory work for the replacement of the Main Street culvert at the Orono Creek ? Expansion of the Port Darlington Water Pollution Control Plant ? EA for the Courtice trunk sewer to connect new areas of Courtice and west Bowmanville to the Courtice Water Pollution Control Plant Council Meeting Minutes - 6 - March 1, 2010 Promoting and Sustaining the Environment ? The Durham Region Roundtable on Climate Change met regularly and produced a baseline study for tracking the progress of the community’s Greenhouse Gas (GHG) reduction efforts and to develop an action plan on food security as part of the broader community climate change action plan ? The Region continues to work with Conservation Authorities and Source Protection Committees to protect drinking water sources and is among one of the first municipalities in Ontario to receive its Municipal Drinking Water License under the Safe Drinking Water Act Balancing Growth and Establishing Sustainable Communities ? Adoption of Official Plan Amendment 128 to align the Regional Official Plan with the Provincial Growth Plan ? Submission of the Environmental Assessment for the proposed Energy- from-Waste Facility ? Completion of a three-month Clear Bag Pilot Study to increase waste diversion ? Implementation of weekly blue box pickup and biweekly garbage collection resulting in an 11% increase in waste diversion ? Detailed planning for a sustainable community at Seaton including the EA Regional water, wastewater, roads and transit services ? Finalization of the Region’s long-term transit strategy, a key element of the Region’s application for Federal Transit funding this spring Safe, Healthy, Caring and Inclusive Community nd ? Durham Regional Police Service achieved the 2 highest case clearance rate in Canada for a community of the Region’s size ? Conducted largest Emergency Management Exercise in collaboration with municipal partners ? Issued more than $62 million in Ontario Works benefits ? Repairs, retrofits and new units of affordable rental housing stock will be undertaken as a result of receiving almost $30 million from the Federal and Provincial levels of government ? Formation of the Local Immigration and Diversity Partnership Council to attract and retain the expertise and global connections of new Canadians ? Launch of a web-based portal to provide education and job information about the Region in multiple languages ? Accessible Customer Standards Training of more than 2800 Regional Staff ? Recognition of the Regional Social Services Department by the National Quality Institute for continuous improvement in service to clients Council Meeting Minutes - 7 - March 1, 2010 Mr. Anderson advised of the importance of partnerships, highlighting the Durham Strategic Energy Alliance, the Local Immigration and Diversity Partnership, Council Advisory Committees, social housing providers, community service organizations, UOIT and Durham College as great examples of partnerships helping to identify opportunities and to meet community needs. He further advised that the Central East LHIN and both Hospital Boards are now providing regular updates to Regional Council to improve communication and that a Regional staff member has been appointed to the Lakeridge Health Board. Mr. Anderson summarized by stating that the area municipalities are the Region’s closest partners and that their collective actions and services are most effective when well coordinated. He congratulated Regional Council on their hard work indicating that the four-year term provided an opportunity for Council to start and finish some major projects and that Durham Region is well-positioned for the future. Mayor Abernethy highlighted the accomplishments of Klaas Schoenmaker and presented him with a congratulatory certificate in recognition of his retirement from the Orono Cemetery Board following twenty years of service and for the countless hours he gave as an active volunteer in the community. Mayor Abernethy acknowledged the accomplishments of Alf Alldread and presented him with a congratulatory certificate in recognition of his retirement as a volunteer Fire Fighter and District Fire Chief, Newcastle Fire Station, following 43 years of service to the municipality. Mariano Perini, Office of the Fire Marshal of Ontario, expressed personal congratulations to Alf Alldread for his years of service as a Fire Fighter and District Chief for Clarington Fire & Emergency Services and presented him with a congratulatory letter on behalf of the Office of the Fire Marshal. Chief Gord Weir, Clarington Emergency and Fire Services presented Alf Alldread with a framed letter in recognition of his exemplary career spanning 43 ½ years of service to the community. Ron Foster, Auditor General, City of Oshawa, addressed Council concerning the role of an Auditor General. Mr. Foster conducted a PowerPoint presentation providing background information on the establishment of the City of Oshawa’s Auditor General Position, reporting relationships, services provided, the Council-approved mandate, the 2009 Audit Plan and performance measures. Mr. Foster indicated he performs audits in the areas of compliance, financial, program or value-for-money, information technology infrastructure, environment and sustainability and other audits as appropriate. He noted the Auditor General’s position is independent of management Council Meeting Minutes - 8 - March 1, 2010 and Council and he is required to meet the standards of the Institute of Internal Auditors. Mr. Foster reviewed his work plan for 2009 and performance measures including customer satisfaction, financial performance, operational excellence, value added and skills maintenance. He confirmed that as a result of audits conducted, the City of Oshawa has realized contributions to cost savings and revenues in the amounts of $841,000, $608,000 and $1,003,000 for the years 2007, 2008 and 2009, respectively. Resolution #C-071-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Council recess for ten minutes. “CARRIED” The meeting resumed at 9:25 p.m. DELEGATIONS Greg Milosh advised prior to the meeting that he would not be addressing Council. Linda Gasser addressed Council concerning Item 19 of Report #2 - Host Community Agreement. Ms. Gasser read from a February 23, 2009, Clarington This Week article in which Franklin Wu, Chief Administrative Officer, was quoted as saying "If I don't agree with the solicitor's comments, I can certainly override his comments, and that's what I did." Ms. Gasser questions the appropriateness of Mr. Wu’s actions concerning the Host Community Agreement and expressed concern that four Members of Council failed to ensure that a draft of the agreement would come back to Council prior to execution. Ms. Gasser stated the Ministry of the Environment review did not consider public comments on the Amended Environmental Assessment. She also expressed concern that although Clarington residents requested that a Public Information Session be held it did not occur and that a proactive Council would have ensured that there was a commitment to developing a community health baseline and to undertaking monitoring for the full life of the incinerator and decommissioning and would have placed human health as a priority. Ms. Gasser requested that the Host Community Agreement be posted to the municipality’s website and again stated that Council did not have full information prior to signing the Agreement. Louis Bertrand addressed Council concerning Item 19 of Report #2 - Host Community Agreement. Mr. Bertrand expressed concern that Council did not have all the facts before signing the Host Community Agreement and that the Agreement was executed without input from the Municipal Solicitor. Mr. Bertrand urged Council to support Item #19 of Report #2 and to obtain a report from the Solicitor to determine if there are any problems with the Agreement and to reassure the public if there are no problems. Council Meeting Minutes - 9 - March 1, 2010 Terry Dorgan, IBEW Local 894 and Rosemary Yeremian, President, Strategic Insights Inc. addressed Council concerning Correspondence Item I – 19 - Support for Local Investment in Nuclear Power. Ms. Yeremian stated that she is representing the Ontario Nuclear New Build Council, a non-political Council that was formed as a result of local businesses and associations banding together specifically to push for Nuclear New Build. She stated there are a number of potential threats to the project and that there is a real need for their organization to make the economic case for New Build. Ms. Yeremian stated their collective partnership will create a focus to move forward on New Build, and will educate the public, noting the project will promote job creation in the construction and nuclear industries with major economic benefits to both Clarington and the Region of Durham. She stated they are coordinating their message with the Organization of CANDU Industries and have also received funding from the University of Ontario Institute of Technology (UOIT) and local trade unions. Ms. Yeremian urged Council to consider providing funding to their Council to allow the Council to continue their push for nuclear new build sooner rather than later. Richard Ward addressed Council concerning Item 1 of Business Arising from Notice of Motion - Integrity Commissioner. Mr. Ward indicated that he has filed complaints for many years and that he still does not receive responses to these issues to his satisfaction. He does not feel that an Integrity Commissioner is the answer and that a person either has integrity or he or she does not. Mayor Abernethy stated a pecuniary interest with respect to the delegation of Richard Ward as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Novak chaired this portion of the meeting. Richard Ward addressed Council concerning Item 1(e) of Report #2 - Report CLD 006-10 - Compliance Audit Costs. Mr. Ward indicated that the audit confirms the substance and basis of the contraventions in law and that Council is breaching the public trust in determining that no action be taken. Mayor Abernethy resumed the chair. Doug Lindeblom, Director of Economic Development and Tourism for the Region of Durham addressed Council concerning Item I - 9 - Support for Local Investment in Nuclear Power. Mr. Lindeblom stated he also serves on the Board of Directors for the Durham Strategic Energy Alliance (DSEA) and that his Department works closely with Sheila Hall and the Clarington Board of Trade. Mr. Lindeblom stressed the importance of partnerships and expressed appreciation for Clarington’s attendance at Council Meeting Minutes - 10 - March 1, 2010 the Canadian Nuclear Association Conference (CAN) in Ottawa. He stated the industry recognizes the efforts of Council, the Board of Trade and the Region’s Economic Development Department regarding nuclear refurbishment and New Build and that there has been a great deal of effort over the years in working with the Province and the Federal Government towards a positive announcement in Durham. He confirmed that efforts to date will continue to rely on strong community partnerships between the Board of Trade and that some key members of the Ontario Nuclear New Build Council are also members of DSEA. COMMUNICATIONS Correspondence Items I - 23, I - 24 and I - 25 were received as hand outs. Resolution #C-072-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information, including Hand-Out Items I - 23, I - 24 and I - 25, be approved, with the exception of Items I - 10, I - 11, I - 14, I - 18 and I - 20. “CARRIED” I - 1 Minutes of the Clarington Compost Facility Community Relations Committee dated October 8, 2009 I - 2 Minutes of the Clarington Agricultural Advisory Committee dated February 11, 2010 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 16, 2010 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated February 17, 2010 I - 5 Minutes of the Clarington Traffic Management Advisory Committee dated January 21, 2010 I - 6 François Maranda, Assistant Chief Statistician, Informatics & Methodology Field, Statistics Canada, responding to P. M. Madill, Regional Clerk, Region of Durham, regarding Statistics Canada’s use of the Ontario Road Network data for the 2011 Census, advising that due to limited time and resources available prior to the 2011 Census, Statistics Canada have had to prioritize areas for convergence and Council Meeting Minutes - 11 - March 1, 2010 have included six areas only in Ontario in the project for the 2011 Census; indicating that they are not in a position to include the Regional Municipality of Durham in the convergence project for the 2011 Census; and, encouraging the Region to update the Ontario Road Network as they will be using the updates to improve Statistics Canada’s road network both before and after the 2011 Census. I - 7 Greg Ashbee, P.Eng, Manager, Infrastructure Expansion Planning, Metrolinx, forwarding a Notice of Study Commencement and Public Information Centre for the construction of a bus maintenance and storage facility in the City of Oshawa; indicating that the Public Information Centre will be held on February 17, 2010 from 5:00 p.m. to 8:00 p.m. at the CAW Union Hall at 1425 Phillip Murray Avenue in Oshawa; and, enclosing the Project Overview highlighting the purpose, justification, work to be done and the Class Environmental Assessment Process. I - 8 Linda Gasser forwarding a copy of her February 3, 2010, delegation to the Durham Works Committee regarding Regional Report 2010 WR-1 – EFW EA Update expressing concern that incorrect information was provided in the staff report that should have been corrected before the report was finalized; suggesting that Regional Council should investigate the reasoning behind the major amendment to the EA seeking approval for a 140,000 tpy facility; questioning the amount of money wasted in attempting to justify a 400,000 tpy incinerator; and, urging Regional Works Committee members to ask pointed questions to get useful answers and to provide clear direction to staff to obtain much needed information and a clear understanding of the issues. Attached to Ms. Gasser’s correspondence is correspondence from Kevin French, Assistant Deputy Minister, Operations Division, Ministry of the Environment, clarifying that it is the responsibility of the proponent to respond to all comments and questions received during the initial public inspection of the EA and to provide the Ministry with a summary of those comments and requesting that the minutes of the November 17, 2009 joint meeting of the Region’s Finance and Administration and Works Committee be corrected accordingly. I - 9 Scott Crawford, Acting Mayor, Town of Ajax, writing to the Canadian Red Cross, advising that on February 8, 2010, Ajax Town Council adopted the following resolution pertaining to a Donation for Haiti Earthquake Relief: “WHEREAS the country of Haiti experienced a devastating earthquake on January 12, 2010, resulting in the deaths of over 200,000 people; and Council Meeting Minutes - 12 - March 1, 2010 WHEREAS the survivors are experiencing immense suffering and face an enormous challenge in rebuilding their lives and communities; and, WHEREAS individuals, businesses, organizations, agencies and governments around the world are responding to provide assistance; NOW THEREFORE BE IT RESOLVED THAT the Town of Ajax contribute $6,000 on behalf of all citizens of Ajax to the Canadian Red Cross Haiti Earthquake Relief Fund.” I - 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) forwarding correspondence from Jerry Ouellette, MPP, Durham, requesting the Chair of CLOCA to provide feedback and comments concerning legislation, regulations and organizational responsibilities of Conservation Authorities and forwarding a copy of correspondence from Dick Hibma, Chair, Conservation Ontario, providing a response to Mr. Ouellette’s request. In his response, Mr. Hibma outlined the mandate of Conservation Authorities in establishing and undertaking programs designed to further the conservation, restoration, development and management of natural resources other than gas, oil, coal and minerals and acknowledged the challenge of balancing the public interest with individual interests; advising that the Ministry of Natural Resources recently posted a draft of the proposed “Policies and Procedures for Conservation Authority Plan Review and Permitting Activities” developed in response to criticism by the development industry that Conservation Authorities were extending their influence beyond their mandate and advising that if approved, the policy will provide necessary guidance, rationale and timelines to improve the parties understanding of roles and the process and improve transparency and accountability; and, advising that Conservation Authorities are open to dialogue with the Province, municipalities and other stakeholders which would improve the effectiveness and efficiency of watershed and natural resources management. I - 13 R. A. (Bob) Fowler, Land Use Council, forwarding information from the Peel Federation of Agriculture and the Township of South Stormont, pointing out a need for review of the role and function of Conservation Authorities in Ontario; indicating that the Land Use Council believes such an assessment will help to heal a growing disconnect between district Conservation Authorities and the communities they serve; and, requesting Council’s support for an impartial public review of Conservation Authorities in Ontario. Council Meeting Minutes - 13 - March 1, 2010 I - 15 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence from the Honourable Brad Duguid, Minister of Energy and Infrastructure, advising that Mr. O’Toole’s letter providing information about the Municipality of Clarington’s resolution regarding the disposition of surplus school sites was forwarded to him by the former Minister of Municipal Affairs, Jim Watson; indicating that Ontario Regulation 444/98 (Disposal of Surplus Real Property) falls under the jurisdiction of the Ministry of Education and that he has forwarded a copy of Mr. O’Toole’s correspondence to Minister Dombrowsky. Mr. O’Toole advises that he will inform Council, should he receive a further reply from the Ministry of Education. I - 16 PITCH-IN Ontario, extending appreciation to all PITCH-IN ONTARIO Municipal Participants for 2009; forwarding information on the costs and benefits of being a patron of Pitch-In; advising that PITCH-IN ONTARIO provides volunteers with materials, ideas, and incentives to undertake the challenging task of cleaning and beautifying the community for free and that patron fees are population-based; and, forwarding a patron application form. I - 17 John Bolognone, Acting City Clerk, City of Kingston, advising Council that on February 2, 2010, the City of Kingston adopted the following resolution pertaining to debt forgiveness to the nation of Haiti: “WHEREAS the impoverished island nation of Haiti has recently been completely devastated by an Earthquake; and, WHEREAS the Federal Government has agreed to match funds raised by citizens; and, WHEREAS it is the call to duty of all citizens and nations to rally to support our fellow human beings in need after a calamity of this magnitude; THEREFORE BE IT RESOLVED THAT the City of Kingston encourage all citizens to donate to recognized charitable and humanitarian organizations rushing to help in relief efforts to Haiti; AND FURTHER THAT due to the immense rebuilding and concerted effort that will be required to do so successfully, that the City of Kingston encourages the Federal Government to support the growing initiative to provide complete debt forgiveness to the nation of Haiti in order that all funds can be used towards rebuilding the nation of Haiti in this their greatest hour of need; Council Meeting Minutes - 14 - March 1, 2010 AND FURTHER THAT this resolution be passed along to the Premier of Ontario, Dalton McGuinty, the Prime Minister of Canada, Stephen Harper, our MPP, John Gerretsen, our MP, Peter Milliken, Leaders of the Opposition both Federally and Provincially, and all municipalities with populations over 50,000.” I - 19 Ben Chin, Vice President, Communications, Ontario Power Authority (OPA), writing to Sheila Hall, Executive Director, Clarington Board of Trade, responding to Ms. Hall’s correspondence advocating support for local investment in nuclear power; acknowledging OPA’s position in recognizing the value of nuclear power for generating the baseload electricity the Province needs and their view of nuclear generation as an important part of the overall portfolio of electricity resources for Ontario; indicating it is inconsistent with their mandate to explicitly advocate on behalf of a particular installation or to promote expedited decisions on the (re)building of Ontario’s nuclear fleet; advising they are confident that the government will proceed in a prudent and diligent manner to address the many complex issues and seek the best possible value on behalf of Ontario’s ratepayers and taxpayers; and hoping that the Clarington Board of Trade will demonstrate an equally passionate interest in seizing the economic opportunity presented by Ontario’s new Feed-in Tariff (FIT and microFIT) program for its membership within its represented communities. I - 21 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. Hubert Schillings, Chair, Durham Agricultural Advisory Committee, advising that on February 17, 2010, Regional Council adopted the following resolution pertaining to Durham Agricultural Advisory Committee (DAAC) 2009 Annual Report and 2010 Workplan: “a) THAT Report #2010 P-7 of the Commissioner of Planning be received as the Durham Agricultural Advisory Committee’s annual report on its activities in 2009; b) THAT the Terms of Reference for the Durham Agricultural Advisory Committee be revised, as outlined in Attachment 1 to Report #2010-P-7; c) THAT the 2010 Durham Agricultural Advisory Committee Workplan, outlined in Attachment 2 to Report #2010-P-7, be approved; and d) THAT a copy of Report #2010-P-7 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, and the Area Municipalities.” Council Meeting Minutes - 15 - March 1, 2010 I - 22 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. David Middleton, Chair, Durham Environmental Advisory Committee, advising that on February 17, 2010, Regional Council adopted the following resolution pertaining to Durham Environmental Advisory Committee (DEAC) 2009 Annual Report and 2010 Workplan: “a) THAT Report #2010 P-8 of the Commissioner of Planning be received as the Durham Environmental Advisory Committee’s annual report on its activities in 2009; b) THAT the Terms of Reference for the Durham Environmental Advisory Committee be revised, as outlined in Attachment 1 to Report #2010-P-8; c) THAT the 2010 Durham Environmental Advisory Committee Workplan, outlined in Attachment 2 to Report #2010-P-8, be approved; and d) THAT a copy of Report #2010-P-8 be forwarded to the Durham Environmental Advisory Committee and the Area Municipalities.” I - 23 Linda Gasser writing to Durham Regional Councillors advising that a draft Host Community Agreement (HCA) regarding the Energy-From- Waste project was not presented to Clarington Council for review prior to the Agreement being executed and that there was no public consultation with Clarington residents as to what should be considered in the Agreement; expressing concern that Clarington’s Chief Administrative Officer may have opted to override comments from the Municipal Solicitor, questioning why the HCA was signed in advance of the decision on the Environmental Assessment and prior to knowing what conditions of EA approval might be imposed; and, urging Regional Councillors to request a status update on current negotiations regarding a long-term contract with Covanta and to provide clear direction to staff to ensure that a draft contract with Covanta is reviewed by Council prior to execution. I - 24 The Honourable David C. Onley, Lieutenant Governor of Ontario, extending an invitation to Council to consider nominating an exceptional individual for the Order of Ontario, Ontario’s highest honour, recognizing individuals for their extraordinary achievements that have had an impact on their local community, province, country and beyond. The deadline for nominations is March 16, 2010. I - 25 Darlene Bastianelli, Memorial Hospital Foundation, thanking Council for the proposed motion to invest $500,000 in the Memorial Hospital Foundation fund raising initiatives. Council Meeting Minutes - 16 - March 1, 2010 I - 10 Natalie Rouskov, Project Engineer, Ministry of Transportation, (MTO) forwarding a Notice of Detail Design Study for the construction of a new commuter parking lot facility at the northeast quadrant of the Highway 35/115 and Highway 2 interchange to accommodate approximately 150 vehicles and to serve as a transit facility with integrated GO Transit Bus service. Comments are being collected to assist MTO in meeting the requirements of the Environmental Assessment Act and are to be submitted by March 15, 2010. Resolution #C-073-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item I - 10 from Natalie Rouskov, Project Engineer, Ministry of Transportation, (MTO), with respect to the Highway 35/115 and Highway 2 Commuter Parking Lot Facility, be received for information. “CARRIED” I - 11 Ann McGuey expressing concern that taxpayers are required to pay $25 to cover the cost of making required changes to the tax roll and a $60 fee is charged to receive a photocopy regarding tax arrears when these are record-keeping functions required to keep the municipality current and to enable the tax bills to be sent out correctly and are already funded through the revenue collected through property taxes. Resolution #C-074-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item I – 11 from Ann McGuey, with respect to administration fees, be referred to the Director of Finance/Treasurer. “CARRIED” I - 14 Jerry Ouellette, MPP, Oshawa, acknowledging Conservation Authorities as an integral part of the successful management of watershed-based natural resources; advising of the importance of consulting with the public and gathering expertise from various organizations and professionals to achieve a balance of the ecological and social impacts that reflect the concerns of all resource users; and, requesting Council’s comments concerning legislation, regulations and the organizational responsibilities of the Conservation Authorities, in order to ensure that the legislation and regulations governing conservation authorities is the most up-to-date, streamlined and practicable as possible. Council Meeting Minutes - 17 - March 1, 2010 Resolution #C-075-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item I – 14 from Jerry Ouellette, MPP, Oshawa, with respect to legislation and regulations governing Conservation Authorities, be received for information. “CARRIED” I - 18 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade/Office of Economic Development, writing to Mr. William Short, Clerk of the Committee, forwarding pre-budget comments indicating that the Federal and Provincial governments have done a great deal of work in supporting the road infrastructure program, and that community and “shovel ready” project support has been a great asset to communities in creating short term employment opportunities; stating it is essential that a long term and self sustaining approach also be considered; and, recommending that programs be developed to support the servicing of employment lands in communities which will provide opportunities for development and long term jobs, create development revenue and a continued tax stream to allow communities to generate revenue to independently manage infrastructure maintenance. Resolution #C-076-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I - 18 from Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade/Office of Economic Development, with respect to Provincial financial support for servicing of employment lands, be received for information. “CARRIED” I - 20 Ric McGee, Mayor, City of Kawartha Lakes, writing to the Honourable Dalton McGuinty, Premier of Ontario, endorsing the choice of Darlington Nuclear Generating Plant as the host operator for two new nuclear reactors; reiterating the City of Kawartha Lakes’ support for Premier McGuinty’s leadership on this important matter; and, urging the government to keep the momentum going for these investment interests to flourish, help Ontario’s economy blossom in these hard times and provide high quality jobs. Council Meeting Minutes - 18 - March 1, 2010 Resolution #C-077-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 20 from Ric McGee, Mayor, City of Kawartha Lakes, with respect to support for Nuclear New Build at Darlington Generating Station, be endorsed; and THAT a letter of appreciation be forwarded Mayor Ric McGee thanking the City of Kawartha Lakes for endorsing Nuclear New Build at Darlington Generating Station. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 14 and D - 15 were received as hand outs. Councillor Foster stated a pecuniary interest with respect to Correspondence Item D - 7 as he has a business relationship with one of the principals of Collis and Reed Research and refrained from voting on the correspondence. Resolution #C-078-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 8 and Hand-Out Items D - 14 and D - 15, be approved as per the agenda. “CARRIED” D - 1 Keith Isnor, Chair, Clarington Museums and Archives Board, requesting a transfer of $3,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds to the Clarington Museums and Archives, which was approved as part of the budget process, in order to close the Museum’s 2009 accounting books. (Transfer of $3,000 from the Sturch Estate in the Bowmanville Museum Reserve Funds to the Clarington Museums and Archives Board approved) Council Meeting Minutes - 19 - March 1, 2010 D - 2 Matt Ellis, expressing concern relating to pedestrian safety and vehicular traffic on Port of Newcastle Drive and forwarding a petition of area residents in support of the installation of a four-way stop at the intersection of Port of Newcastle Drive and Stillwell Lane. The correspondence indicates that residents are looking at this petition as a starting point and are welcoming the prospect of visiting additional problem areas and opportunities for improvement in the future. Additional correspondence was also received from Mr. Ellis clarifying that while speeding is of concern, the main issue is with the lack of safe crossings on Port of Newcastle Drive and questioned why the convenience factor for those driving outweighs the safety factor for those who are walking. (Correspondence and petition referred to the Director of Engineering Services) D - 3 J. Black, Secretary, Newcastle Downtown BIA requesting Council to provide $3,937.50 from the West End Development Funding for the purpose of hydro expenses relating to banner and wreaths for the BIA. (Funding in the amount of $3,937.50 from the Newcastle Downtown BIA Reserve Fund approved) D - 4 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting approval for the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank parking lot for the following 2010 events: Maple Festival and Friday, April 30, at 8:00 p.m. All That Jazz (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 1, at 7:30 p.m. Fabulous Fifties Festival Friday, June 18 (Temperance Street from King Street to Church Street from 4:00 p.m. until 11:00 p.m.) and as above on Saturday, June 19 from 5:00 a.m. until 8:00 p.m. August Moonlight Madness Friday, August 13, from 5:00 p.m. until August 14 at 12:30 a.m., as above Council Meeting Minutes - 20 - March 1, 2010 Apple Festival and Craft Sale Friday, October 15 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 9:00 p.m. until Saturday, October 16 at 8:00 p.m. Christmas Moonlight Magic Friday, December 3 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m.; requesting permission to close the 20 King Street East parking rd lot from 7:00 a.m. until 3:00 p.m. on April 3 to facilitate the Easter Egg Hunt and Lion’s Club Easter Brunch; requesting permission to close King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal th Bank Parking Lot on Saturday, June 5 from 7:00 a.m. until 3:00 p.m. for the “Motorcycle Ride for Our Heroes”, a new event for 2010; and, requesting that free transit service be arranged in Bowmanville from 8:00 a.m. until 5:00 p.m. during the Apple Festival and Craft Sale on th October 16. (Road closures approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 5 Dr. Eric Hoskins, Minister of Citizenship and Immigration, advising that nominations for the Newcomer Champion Awards, a program recognizing outstanding individuals or groups who contribute to the understanding and sharing of Ontario’s cultural diversity and provide welcoming communities for the benefit of newcomers, are being accepted until March 15, 2010. Nomination forms and information on the awards is available on the Ministry’s website at www.ontario.ca/honoursandawards. (Correspondence referred to the Municipal Clerk to place information on the municipal website) Council Meeting Minutes - 21 - March 1, 2010 D - 6 Residents of Rowe Street and North Station Street, Orono, requesting that the gate to the Orono Fair Grounds be closed at the Rowe Street entrance to address safety issues of vehicles travelling at high rates of speed on Rowe Street; acknowledging that the gate will need to be open during certain times of the year, i.e. the fair in September; and, questioning why Rowe Street is open year-round when there is a “No Exit” sign posted that would indicate that Rowe Street is not a through road. (Correspondence referred to the Director of Engineering Services) D - 7 Garth Gilpin, Secretary-Treasurer, Board of Management, Historic Downtown Bowmanville Business Centre, forwarding a copy of the proposal by Collis and Reed Research to assess customer shopping in downtown Bowmanville; and, requesting $6,000, plus applicable taxes, held by the municipality in escrow, for the Postal Code Survey and Downtown Festival Survey. (Approval of transfer of $6,000, plus applicable taxes, from the Bowmanville BIA Reserve Fund) D - 8 Mayor Michael Harding, City of Woodstock, providing details of the “Power Pledge Community Challenge” Campaign to be launched during Earth Week, 2010, with challenge day to take place on th Wednesday, August 11; highlighting the concept of the campaign – families committing to be energy smarter by pledging to take action; advising of two award categories – Participation Category and Megawatt Reduction Category; and, indicating that participants will be eligible to win $10,000 to be put toward a renewable energy project of their choice. Further details regarding the event will be forthcoming. (Correspondence referred to the Clarington Living Green Community Advisory Committee) D - 14 Grant Algar requesting an extension until July 30, 2010, to Building Permit No. 08.0509 for 4327 Fices Road, due to reliability of various trades. (THAT Grant Alger be granted an extension to July 30, 2010, for the use of temporary living quarters at 4327 Fices Road, subject to signing a further letter of undertaking) Council Meeting Minutes - 22 - March 1, 2010 D - 15 Andrew Massey, Secretary, Mosport International Karting Association, requesting that the following roads be closed Friday, June 4, 2010 at 7:00 p.m. until Sunday, June 6, 2010 at 7:00 p.m.: Uptown Avenue, Clarington Blvd (north of Uptown) and Stevens Road (east of Clarington Blvd and west of Regional Road 57). The municipal lot on the northeast corner of Uptown Ave and Clarington Blvd is requested to be used as well. (Approved, provided that the organization applies for and obtains a Road Occupancy Permit from the Engineering Services Department) D - 9 Valentine Lovekin, Solicitor on behalf of Newcastle Recycling Ltd., William Hale and James Hale, requesting to meet with Franklin Wu, Chief Administrative Officer to discuss settlement opportunities regarding litigation pending before the Court of Appeal. Resolution #C-079-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the request from Valentine Lovekin, Solicitor on behalf of Newcastle Recycling Ltd., William Hale and James Hale, to meet with Franklin Wu, Chief Administrative Officer be endorsed. (See Following Motion) Resolution #C-080-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 9 from Valentine Lovekin, Solicitor on behalf of Newcastle Recycling Ltd., William Hale and James Hale, be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Council Meeting Minutes - 23 - March 1, 2010 D - 10 Kerry Meydam forwarding a copy of the Town of Oakville’s staff report and new Health Protection Air Quality By-law regulating fine particulate matter; indicating that Municipalities are authorized under the Municipal Act, 2001 to pass legislation identifying public nuisances and to protect the health, safety and well-being of its citizens as long as it does not conflict with Provincial legislation; advising that as neither the Province nor the Federal Government have yet to regulate PM2.5, the Region or the Municipality has the right to create their own solution; and, requesting that Council consider implementing a by-law in Clarington specifically targeting PM2.5. Ms. Meydam also expresses concern that Courtice has the highest NO2 levels when compared to Windsor, Sarnia, Oakville Hamilton and Toronto and that this is only one example of hidden information in Appendices that was never included in any of the Consultant’s presentations to Council or Committee prior to the approval of the incinerator and EA studies. Resolution #C-081-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D – 10 from Kerry Meydam, with respect to an Air Quality By-law, be received for information. “MOTION LOST” Resolution #C-082-10 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 10 from Kerry Meydam, with respect to an Air Quality By-law, be referred to staff for a report back within a reasonable timeframe. “CARRIED” D - 11 Holly Abraham, Chairman, Sport Alliance of Ontario, advising that sportalliance is currently seeking bid submissions for the 2012 Ontario Winter Games; forwarding a copy of the Ontario Games Bid Guidelines and encouraging the municipality to be a part of the 2012 Ontario Winter Games; and, indicating that sportalliance staff are available to assist with any questions regarding the bid process. Council Meeting Minutes - 24 - March 1, 2010 Resolution #C-083-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D – 11 from Holly Abraham, Chairman, Sport Alliance of Ontario, with respect to Ontario Games Program, be received for information. “CARRIED” D - 12 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers’ Association, requesting a by-law be adopted to prohibit feeding geese at Bond Head Beach and that a sign be posted at the beach to discourage the feeding; expressing concern that a facility for the disposal of household hazardous waste has been postponed and that there are no plans in the near future for a disposal site; and, requesting a meeting with staff to discuss additional tree planting on Mill Street. Resolution #C-084-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D – 12 from Ken Willis, Secretary, Newcastle/Bond Head Ratepayers’ Association, with respect to feeding of geese at Bond Head Beach, Household Hazardous Waste Facility and additional tree planting, be referred to staff for a report. “CARRIED” D - 13 Shirley Plaunt, Deputy Clerk, Town of Gravenhurst, advising Council that on February 2, 2010, the Town of Gravenhurst adopted the following resolution pertaining to the Ombudsman Act: “WHEREAS the Ombudsman is the “citizen representative” and the Office of the Ombudsman is responsible for responding to complaints affecting government organizations save and except hospitals, long- term care facilities and children’s aid societies; AND WHEREAS the Office of the Ombudsman has been advocating since 1975 to include hospitals, under the jurisdiction of the Ombudsman, but to date, Ontario remains the only Province in Canada who’s Ombudsman has no jurisdiction over hospitals and long-term care facilities; AND WHEREAS hospitals spend more than $20 billion in public money every year in Ontario; Council Meeting Minutes - 25 - March 1, 2010 AND WHEREAS whether overseeing the police, the military or the Provincial government, Mr. Marin has stated one of the beliefs that’s closest to his heart is that these bodies don’t exist for their own ends. They exist to serve the public. The public also has great expectations of the checks and balances that exist to keep the system functioning as it should; AND WHEREAS the historical reason for not including hospitals under the Ombudsman Act is extremely weak and is based on the fact they do not fall under the definition because they have their own elected boards; AND WHEREAS a municipal “board of directors” is directly elected by the public and the hospital board is not; AND WHEREAS the Office of the Ombudsman is quoted as saying “Ontario is the only province in Canada whose Ombudsman does not have a mandate to oversee hospitals. Despite this, the Ombudsman’s Office receives many serious complaints about hospitals every year that cannot be investigated. A total of 276 complaints about hospitals were received in fiscal 2007-2008”; AND WHEREAS the time has come for the Government of Ontario to include hospitals under the jurisdiction of the Ombudsman Act to ensure a high level of health care, fiscal responsibility, accountability, openness and transparency; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Gravenhurst hereby petitions the Premier of Ontario to take the necessary steps in a timely manner to amend the Ombudsman Act to include hospitals under the jurisdiction of the Ombudsman; AND FURTHER THAT in the event the Premier responds negatively, the Council of the Town of Gravenhurst respectfully requests and expects a full and complete explanation as to why the Province will not amend the Act as requested; AND FURTHER THAT this resolution be circulated to all municipalities in the Province of Ontario for support; AND THAT the appropriate persons be so notified of this action; AND THAT the Premier of Ontario, Minister of Health and Long-Term Care, Speaker of the Ontario Legislature, District of Muskoka MPPs, Ontario’s Ombudsman, Chief Medical Officer of Health, alPHa, and all Ontario boards of health and municipalities be so advised.” Council Meeting Minutes - 26 - March 1, 2010 Resolution #C-085-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Town of Gravenhurst, with respect to the Ombudsman Act, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 19, 2010. Resolution #C-086-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of February 19, 2010 be approved, subject to Item #1 (a) being corrected to read ‘FND-005-10 – 2011 to 2014 Operating and Capital Forecast’, with the exception of Item #2. “CARRIED” Item 2 Resolution #C-087-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Item #2 of Report #1 – Report CAO-002-10 – Change in Legal Services – 2010 Budget, be tabled for six weeks. “MOTION LOST” Resolution #C-088-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report CAO-002-10 be received; THAT the Chief Administrative Officer be authorized to implement in-house legal service in 2010 and to phase out the current legal service arrangement with Mr. Dennis Hefferon; THAT the Corporate Organization structure be amended to have Mr. Hefferon and the future staff solicitor report to the Chief Administrative Officer; Council Meeting Minutes - 27 - March 1, 2010 THAT the costs related to the establishment of an in-house Legal Department be reallocated from various departmental legal accounts, and the projected saving of $150,000 be included in the 2010 budget; and THAT Mr. Hefferon be advised of Council’s decision. “CARRIED” Report #2 - General Purpose and Administration Committee Report February 22, 2010. Resolution #C-089-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of February 22, 2010 be approved, with the exception of Items #1(e), #11, and #19. “CARRIED” Item 19 Resolution #C-090-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Municipal Solicitor report to Council regarding the Host Community Agreement for the Energy from Waste Project and whether there are any legal concerns. “MOTION LOST LATER IN THE MEETING” Resolution #C-091-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting be extended until 11:30 p.m. in order to complete the agenda. “CARRIED” Council Meeting Minutes - 28 - March 1, 2010 The foregoing Resolution #C-090-10 was then put to a vote and LOST ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Item 11 Resolution #C-092-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Item 11 of Report #2 – Report CLD-005-10 – Ballot Question, RE: Election of Regional Chair be tabled until the next Council Meeting “CARRIED” Deputy Mayor Novak chaired this portion of the meeting. Mayor Abernethy stated a pecuniary interest with respect to Item 1(e) of Report #2 – Delegation of Mr. Richard Ward, Report CLD-006-10 – Compliance Audit Costs, as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy refrained from discussion and voting on this matter. Item 1(e) Resolution #C-093-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-006-10 be received for information. “CARRIED” Mayor Abernethy resumed the chair. Council Meeting Minutes - 29 - March 1, 2010 STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-094-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Items 1 & 2 of Business Arising from Notice of Motion be tabled until the next regular meeting of Council. “CARRIED” UNFINISHED BUSINESS Resolution #C-095-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Presentation of Roger Anderson, Chair, Regional Municipality of Durham, be received with thanks. “CARRIED” Resolution #C-096-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Presentation of Ron Foster, Auditor General, City of Oshawa, be received with thanks. “CARRIED” Resolution #C-097-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegations of Terry Dorgan, IBEW Local 894 and Rosemary Yeremian, President, Strategic Insights Inc., with respect to support for local investment in nuclear power, be referred to the Director of Community Services to determine if the request for funding qualifies under the Municipal Grant Program. “CARRIED” Council Meeting Minutes - 30 - March 1, 2010 Resolution #C-098-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Doug Lindeblom, Director of Economic Development and Tourism, Region of Durham, be received with thanks. “CARRIED” BY-LAWS Resolution #C-099-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-018 to 2010-021 inclusive; 2010-018 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Kawartha Pine Ridge District School Board) 2010-019 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1317870 Ontario Ltd. & 1317871 Ontario Ltd.) 2010-020 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the leased space at 132 Church Street, Bowmanville, ON 2010-021 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Community Living, Oshawa/Clarington, Oshawa, Ontario, to enter into agreement for the leased space at 132 Church Street, Bowmanville, ON; 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. Council Meeting Minutes - 31 - March 1, 2010 OTHER INFORMATION Councillor Robinson requested that staff further investigate the installation of an Independent Pedestrian Signal crossing in the vicinity of the library on King Avenue in Newcastle. Mayor Abernethy expressed appreciation, on behalf of Council, to Jennifer Stone, Reporter for Clarington This Week and wished her well in her future endeavours. Resolution #C-100-10 Moved by Councillor Foster, seconded by Councillor Novak THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed to consider a matter of litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. “CARRIED” The meeting resumed in open session at 11:25 p.m. Mayor Abernethy 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-101-10 Moved by Councillor Foster, seconded by Councillor Trim THAT the correspondence of Valentine Lovekin regarding litigation between the Municipality of Clarington and Newcastle Recycling Ltd. be received; and THAT the request of Mr. Lovekin for William and James Hale to meet with Franklin Wu, Chief Administrative Officer to explore settlement opportunities be denied. “CARRIED” Mayor Abernethy and Councillor Foster stated disclosures of pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Council Meeting Minutes - 32 - March 1, 2010 CONFIRMING BY-LAW Resolution #C-102-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT leave be granted to introduce By-law 2010-022, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 1S` day of March, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-103-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 11:27 p.m. "CARRIED" MAYO