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HomeMy WebLinkAbout07/12/2010 Council Meeting Minutes JULY 12, 2010 Minutes of a regular meeting of Council held on July 12, 2010 at 7:00 p.m., in the Council Chambers. Councillor Hooper 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: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Operations, F. Horvath, attended until 11:30 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Item 17 of Report #1. ANNOUNCEMENTS Councillor Hooper announced the following: ? He extended congratulations to the organizers of the Stanley Cup th Parade held in Orono on July 8 and to Bryan Bickell and his family, stating it was a pleasure to see Bryan take the time to sign autographs and pose for photos with the Stanley Cup and also thanked residents for their contributions to the local food banks. Council Meeting Minutes - 2 - July 12, 2010 th ? On Saturday, July 11 at the lakefront in Newcastle, he attended a ceremony where Jan Oegema received a plaque in recognition of his artistic wood carving depicting his interpretation of bringing individuals back from Kandahar. Councillor Hooper indicated the wood carving may be placed on display at the Canadian War Museum or at the Canadian Forces Base Trenton. th ? On July 13 there will be a media release issued regarding the unveiling of the Clarington Older Adult Centre’s new van. All are welcome to attend. th Councillor Novak extended appreciation to Clarington Firefighters for the 17 Annual Charity Clarington Professional Firefighters’ Association Local 3139 Golf Tournament in support of Camp Bucko, held on July 9, 2010. Councillor Robinson extended appreciation to Mayor Abernethy, the Organizing Committee and staff of the Operations Department for organizing the Stanley Cup Parade in Orono, stating it was a great day for Orono and the Bickell family. Mayor Abernethy announced the following: thth ? The 6 Annual Mayor’s Golf Classic will be held on July 15 at the Bowmanville Golf Club with this year’s proceeds in support of the Visual Arts Centre. ? He has accepted an invitation from the Peel/Dufferin Plowman’s Association to participate in the Mayor’s Class Event on September 2, 2010. ? Mayor Abernethy issued a reminder that tonight is the last Council meeting prior to the summer recess and that the next regular meeting will be the General Purpose and Administration Committee meeting to be held on September 13, 2010. Resolution #C-299-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on June 28, 2010, be approved. “CARRIED” Council Meeting Minutes - 3 - July 12, 2010 Resolution #C-300-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of procedure be suspended to allow for additional speakers to be added to the list of delegations. “CARRIED” Resolution #C-301-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Brian Way, Larry Jackson and Mike Bujold address Council during the delegations Section of the Agenda concerning Item 9 of Report #1 - Report ESD-021-10 – Kendal Drainage Review. “CARRIED” PRESENTATIONS Doug Lindeblom, Director, Economic Development, Region of Durham, Jacquie Hoornweg, Director, Nuclear Public Affairs, OPG, and Denise Carpenter, President and CEO of the Canadian Nuclear Association (CNA), addressed Council concerning the Canadian Nuclear Industry and Darlington B. New Build. Mr. Lindeblom expressed appreciation to Councilfor the opportunity to present an update from the Region and its partners on the Region's on-going program to develop the energy sector in Durham. He introduced Denise Carpenter of the Canadian Nuclear Association and Jacquie Hoornweg of the Durham Strategic Energy Alliance and outlined the format of the presentation starting with an update on the Canadian Nuclear Industry from a national perspective, followed by an update on Regional initiatives with a focus on nuclear, and concluding with comments from the DSEA on their progress and emerging opportunities. Denise Carpenter addressed Council stating she attended the Clarington Board of Trade Energy Summit in June noting the summit was a great event fostering good dialogue for community members to learn from one another and to effect change where change is needed. Ms. Carpenter commended Clarington on being stewards of the environment stating that as Clarington explores the opportunity for future growth, so does the Canadian Nuclear Association. Ms. Carpenter indicated the CNA has 95 members, representing the entire spectrum of industry, and that this year marks its 50th Anniversary. Ms. Carpenter stated globally there are 438 operating reactors, 54 reactors under construction and 125 proposed projects. She noted in Ontario, the nuclear industry supplies more than half of the province's power, that the nuclear industry is a mainstay of the Canadian economy, and that they want to ensure that Canada remains a global leader and to keep Canada's bright minds at home. Council Meeting Minutes - 4 - July 12, 2010 She stated that the nuclear industry is poised to increase economic benefits and to continue to address climate change. Ms. Carpenter advised nuclear energy is affordable, with costs from cradle to grave competitive with coal, natural gas and hydro and much lower cost than wind or solar. She stated new build projects generate positive impacts for communities, provide significant income in taxes and offer high-paying direct and indirect jobs. Ms. Carpenter advised the industry goes beyond electricity and is the basis for vital medical technologies noting the Research Lab in Chalk River is second-to-none. She advised that the nuclear industry is facing a period of uncertainty in view of recent government decisions and is asking governments to advocate for the industry and to participate in a national dialogue on energy explaining how nuclear energy fits into the mix. Ms. Carpenter summarized by stating that the Municipality of Clarington, as the proud home of Darlington Nuclear for the past twenty-five years, is an example of what communities can accomplish all over the country, and commended Council for their vision and leadership in fostering a partnership and open dialogue with Ontario Power Generation. Ms. Carpenter introduced a video "We Need Our Heroes - Nuclear Technology Working for Canada" and encouraged Members of Council to share the video with the community. Through use of a PowerPoint presentation, Mr. Lindeblom provided an Energy Program Update, identifying how energy fits into the Region's Economic Development Program. He identified five key economic sectors in the Region - energy and environment, agriculture/agri-business, biomedical/life sciences, information technology and transportation and automotive, and highlighted overlapping opportunities created between sectors. Mr. Lindeblom indicated the Region's goal is to retain and attract investment in the energy industry and this is accomplished by supporting existing businesses efforts to grow, and by reaching out to companies outside Durham Region to advise of the opportunities that exist in Durham for energy investors. He indicated the Region focuses on its strengths, which in the energy sector include nuclear as its base, and in the emerging renewable technologies such as solar, wind, and smart grid and have undertaken several studies to examine the energy cluster, understand their strengths and opportunities, and develop programs that take advantage of those strengths. Mr. Lindeblom stated the Region has recently completed a study of five renewable energy sub-sectors, including wind, solar, bio- mass, geothermal, and smart grid, and examined where Durham had the greatest opportunity for capitalizing on the Province’s Green Energy Act and feed-in-tariff program. He noted solar and smart grid have been identified as the two most significant immediate opportunities, and as a result, a new marketing piece for solar companies was created. Mr. Lindeblom provided copies of the brochure to Members of Council, indicating it was delivered to solar companies in Munich, Germany and that the Region has recently hosted a tour of Durham buildings with a German company. He noted the Region will be undertaking a similar review to attract the nuclear supply chain, and are waiting funding from the provincial government under the Communities in Transition Program to retain a consultant to assist. Mr. Lindeblom stated the Region expects to complete this work sometime in the fall, and will be working with their partners including the Clarington Board of Trade to create a program, identify targets and prepare materials for distribution, and acknowledged Sheila Hall, Executive Director, Clarington Board of Trade who was in attendance this evening. Council Meeting Minutes - 5 - July 12, 2010 Mr. Lindeblom advised the Region remains committed to supporting the operation and development of the Durham Strategic Energy Alliance indicating that Regional Council recently approved a three year extension of the current funding agreement between the Region and DSEA, additional funds in 2010 to support the Research Innovation Centre initiative, and are looking into having a Durham/DSEA presence at the World Energy Congress in Montreal in September, where energy forms of all kinds including nuclear will be showcased. Mr. Lindeblom introduced Jacquie Hoornweg, President and Chair of the Durham Strategic Energy Alliance (DSEA). Through use of a PowerPoint presentation, Ms. Hoornweg highlighted DSEA initiatives to date and future goals. She advised that the Alliance has grown from its eleven founding members five years ago to 70 members spanning beyond the geographic boundaries of Durham Region and beyond the energy industry. Ms. Hoornweg reviewed the Alliance's vision to position Durham Region as a recognized leader in providing timely, sustainable and reliable energy solutions and its mission to foster an energy-friendly environment creating a model for action and partnership linking key players across Ontario and Canada. She noted that the Alliance has taken the infrastructure that exists in Durham Region and together they have built an education and research cluster around energy. Ms. Hoornweg stated DSEA is located at the Whitby Campus of Durham College adjacent to the energy incubator. She indicated their Expression of Interest for the Regional Innovation Centre was accepted by the Ministry of Research and Innovation and is now in the business planning stage. She noted DSEA and its partners will continue to work hard to promote the nuclear industry through expertise, infrastructure and a willing host community. Ms. Hoornweg reviewed upcoming energy opportunities in nuclear, solar, electric cars and highly-skilled jobs and development and highlighted DSEA's internationally recognized conference "Making a Sustainable Community Happen" which will take place October 12 and 13, 2010. Ms. Hoornweg summarized by stating that together Clarington, the Region of Durham, area municipalities, and the education and private sectors have created ingredients for success in Durham Region providing incredible opportunity to fulfill the vision of creating sustainable energy solutions that begin with ownership in Durham Region. Glenda Gies, President, Port Darlington Community Association, and Co-Chair, St. Marys Cement Community Relations Committee (CRC), Mike Smith, Quarry Manager, and Ruben Plaza, Environmental Manager, St. Marys Cement addressed Council to conduct their annual presentation – Community Relations Committee – 2009 Results. Ms. Gies indicated the position of Co-Chair, previously held by Candace Kay, is vacant as Ms. Kay has recently left the employ of St. Marys Cement and that two of the four community representatives on the Committee have passed away. Ms. Gies stated that one vacancy has been filled but that the representative from Wilmot Creek has not been replaced. She requested that the municipality actively encourage representatives from other areas of the municipality that have an interest in St. Marys Cement operations. Council Meeting Minutes - 6 - July 12, 2010 Ms. Gies introduced Mr. Plaza and Mr. Smith to summarize the information that St. Marys presents to the Committee. Through use of a PowerPoint presentation, Mr. Plaza highlighted Energy and Environmental Awards St. Marys has received from the North America Cement Industry for land stewardship, performance, and energy efficiency and awards for the Business of the Year for Green Initiatives and the Canadian Industry Program for Energy Conservation Leadership Award/Employee Awareness and Training. Mr. Plaza reviewed environmental performance and reduction of emissions for SO2 and NOX stating that in 2009, SO2 emissions were 30% below and NOX emissions were 21% below Ministry of the Environment limits. He confirmed that St. Marys Cement continues to be ISO 14001 certified and that in 2009, St. Marys received OHSAS 18001 certification. Mr. Plaza confirmed that St. Marys is committed to continuous improvement, to promoting an environmental/safety culture and managing liabilities and to improving their relationship with the community. Mr. Smith highlighted a 2006 aerial photograph of the quarry and the cement plant showing advancement of quarry. Mr. Smith reviewed community complaints in 2009 indicating five complaints were received related to plume visibility and three complaints were received relating to blasting. He provided an overview of blast monitoring on a two year trend, noting there were two incidents in which ground vibration exceeded limits in 2008 with no incidents in 2009 above acceptable limits and that in both 2008 and 2009, there was only one incident each year in which air vibration exceeded limits. Mr. Smith confirmed that the total number of blasting concerns was trending in a downward direction. He noted that over the course of the summer of 2009, St. Marys Cement invited the public to come and view blasting events on a weekly basis, which proved to be a very popular and positive experience for those who witnessed the events. Mr. Smith highlighted 2009 community initiatives noting that St. Marys is proud to have supported over 31 different local charities, events and sporting teams during the 2009 calendar year. Mr. Smith summarized by stating St. Marys is committed in 2010 to reducing stack emissions, maintaining continuous improvement practices in the area of the quarry and blasting and to working with local charities and sponsorships. DELEGATIONS A Representative of Candler Court Group was called but was not in attendance. Michael Hackenberger, Director, Bowmanville Zoo, addressed Council concerning Correspondence Item D - 13 - Promotion of the Canadian Association of Zoos and Aquariums’ (CAZA) Safeguards to Municipalities with Circus Exclusion By-laws. Mr. Hackenberger stated the Bowmanville Zoo is a family business and thanks to Council for accepting the recommendation from CAZA regarding fencing, the zoo will be able to continue to operate safely into the future. Mr. Hackenberger expressed concern that many municipalities were simply passing by-laws prohibiting circus acts within their communities and he felt it may be appropriate for Clarington Council to pass a resolution supporting the efforts of CAZA to assist other municipalities. Council Meeting Minutes - 7 - July 12, 2010 Angie Darlison, Executive Director, Clarington Older Adult Association, addressed Council concerning Correspondence Item D – 8 and Report PSD-091-10 – Request by Durham Central Agricultural Society for Amendments to all Applicable By-laws to Allow for Signage Without the Requirement to Pay Any Fees. Ms. Darlison stated that similar to the Durham Central Agricultural Society, the Clarington Older Adult Association has been adversely affected by the sign by-law. She stated Section 2.3.2 of the staff report does not represent the COAA as they are not part of a group requiring signage leading up to a specific event and that the COAA requires long-term signage. Ms. Darlison indicated that the COAA has been informed about the ability to place a mobile sign but that this is a short-term solution and they are requesting that Council work with the Older Adult Association to come up with a permanent solution. She expressed concern that the COAA has been forced to remove their mobile sign which was always maintained and held updated information and that under the Sign By-law, they have no alternative for signage on a permanent basis. Ms. Darlison stated that their mobile sign was their method of advertising and they would like to be able to reinstall it. Ms. Darlison requested a site specific amendment to the sign by- law and for Council to take the necessary steps to move this forward. Resolution #C-302-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 9:08 p.m. Mayor Abernethy read Section 9.6.1 of Council’s Procedural By-law 2007-227, as amended, pertaining to the Conduct of Delegations and Presenters. Richard Mostert was called but was not in attendance. Kim Bullock addressed Council concerning Correspondence Item D – 18 - Memorial Event at the Rob Piontek Skateboard Park. Ms. Bullock expressed appreciation to Council for honouring her son’s memory by naming the skateboard park after him stating that it was the organizers’ intention to hold an annual skateboard competition in his memory. She indicated that there would be no entrance fees and that there would be trophies for the competitors. Rogers Cable and local media are expected to cover the event and Ms. Bullock hoped that the Municipality would contribute by waiving the rental fee for the skatepark, noting they would be appropriately recognized with other sponsors. Ms. Bullock questioned the issue of liability insurance and was advised to contact the Director of Finance/Treasurer for further information. Council Meeting Minutes - 8 - July 12, 2010 Sara Gilroy addressed Council concerning Staff Report #2 - Report COD-046-10 – Community Festival/Event Promotional Temporary Signage Permit Under the Road Occupancy By-law. Ms. Gilroy referred to her letter of June 25, 2010 requesting to place signs on the road allowance to advertise the Orono Fair from August 1, 2010 to Sept 20, 2010. She indicated the Committee is permitted 30 days for their offsite direction tours and signs and want the same for their temporary road signs. Ms. Gilroy stated the signs are the fair’s greatest form of advertising bringing people in from all over the local area, the GTA, other Ontario cities and abroad. She stated that the Orono Fair is one of the largest and oldest events held in Clarington and that the organizers are trying to create more awareness of the fair and that permitting the signs for 30 days would increase paid attendance. Louis Bertrand addressed Council concerning Correspondence Items I - 18, I - 19, D - 15 and Handout Correspondence Item I – 22 - Concerns with Incinerator Environmental Assessment and Contract to bring Council up to date on issues regarding health and financial risk that have been brought to the attention of Regional Council but have not been addressed. Mr. Bertrand stated there is still no published estimated emissions inventory for the proposed incinerator which is crucial as the inventory will detail the range of pollutants that can be expected to be released to the environment and to determine with certainty that the proposed incinerator will have better environmental performance that the Brampton incinerator. Mr. Bertrand stated that as part of the environmental assessment, a draft agreement was published noting the contract is now 1 ½ years out of date and that the status of the Covanta Agreement is unknown. Mr. Bertrand stated there is a clause in the draft agreement addressing changes in legislation with the costs of changes to the operating parameters being borne by the Region and constituent municipalities. He noted the A-7 guideline is currently being revised and questioned what the effect would be on the incinerator if the proposed guidelines are enacted. Mr. Bertrand expressed concern that any flow-through costs, including insurance, would be passed on 100% to the Region without any mitigation measures. Mr. Bertrand summarized by stating that Clarington’s local Councillors and taxpayers need to be apprised of developments at the Region and requested that Regional Councillors keep the public informed of the progress of the incinerator project. Linda Gasser addressed Council concerning Correspondence Items I - 18, I - 19, and D – 15 - Concerns with Incinerator Environmental Assessment and Contract. Ms. Gasser provided a recap of several of the incinerator issues that have occurred through the last year. She indicated that over the last three years, Clarington residents have urged Council to do their due diligence to protect them, but instead Council voted to terminate their peer reviewers before the final EA was submitted so that no qualified independent non-government reviewers have reviewed either the final EA or the Amended EA. She expressed concern that Covanta has still not provided a complete list of emissions detailing the type and quantity of pollutants which is necessary to estimate and characterize risks to human health and the natural environment and to develop testing and environmental protocols. Council Meeting Minutes - 9 - July 12, 2010 Ms. Gasser stated that the Municipality of Clarington has not commented on the final or amended EA document and that the Ministry of the Environment has no idea what Clarington thinks about the EA and that individual residents are forced to identify serious deficiencies and bring these matters to the attention of various stakeholders and the Ministry. Ms. Gasser expressed concern that the Host Community Agreement is not consistent with the final EA in some respects, there was no legal review of the document and that Council did not hear what Clarington’s Solicitor’s concerns were. Ms. Gasser requested that Council provide direction to staff to request updates from the Region on the status of the Covanta Contract and from the Ministry of the Environment as to when the Minister’s decision may be expected and to also direct the Municipal Clerk to post the decision and to provide an e-mail and hard-copy letter to all interested parties. Linda Gasser addressed Council concerning Staff Report #3 - Report EGD-026-10 – Wind Turbine Concerns (Arran-Elderslie). Ms. Gasser stated her comments were not intended to dismiss or endorse any concerns but simply to speak to the stark contrast in the approach taken with the wind turbine issue versus the approach taken with the proposed incinerator and feels that Council will have to explain why it approached two important issues so very differently. Louis Bertrand addressed Council concerning Correspondence Item D – 6 – Jim Richards – Request for Enactment of Air Quality By-law. Mr. Bertrand stated he is in support of the request for an air quality by-law and suggested that Clarington follow the example of the Town of Oakville, who enacted a by-law in 2010 to regulate ultrafine particulate matter with a diameter of less than 2.5 microns, technically known as PM2.5, as well as any precursor pollutants. Mr. Bertrand stated that Municipalities have the authority to pass by-laws to protect the safety and health of their residents and legally the Oakville by-law ties in with emerging right-to-know legislation. Mr. Bertrand acknowledged that the Oakville by-law is being challenged in Court stating it will prove to be interesting in determining the extent of municipal jurisdiction over air quality. Mr. Bertrand stated the Host Community Agreement in no way absolves the municipality from protecting its residents and is already suspected of being flawed when the majority of Council voted against finding out what the Municipal Solicitor’s concerns with the Agreement were. Mr. Bertrand expressed concern that provincial regulations concerning PM2.5 are non-existent but were supposed to be enacted by all provinces by 2010. Mr. Bertrand requested that Council show leadership in authority and duty to care by directing staff to prepare a by-law to regulate PM2.5 and emissions based on Oakville’s by-law. Paul-Andre Larose addressed Council concerning Staff Report # 3 - Report EGD-026-10 – Wind Turbine Concerns (Arran-Elderslie). Dr. Larose praised Council and staff for recognizing the precautionary principle indicating that the onus should be on the advocates to prove the technology is safe not the other way around. Dr. Larose acknowledged that the concern is for effects that reflect long-term exposure but stated there are things of immediate relevance such as the effect of wind turbines on bird migration and the effect on the use of air space for people who have private landing strips on private property. Council Meeting Minutes - 10 - July 12, 2010 Dr. Larose expressed concern that birds will be affected by wind turbines in the same way as they are affected by high rise buildings. He suggested that wind turbine projects not be located less than three miles from a private landing strip. Dr. Larose summarized by stating that he appreciates the fact that the precautionary principle is being recognized and wished that the same considerations had been made with respect to incineration. Ed Crocker addressed Council concerning Staff Report #3 - Report EGD-026-10 – Wind Turbine Concerns (Arran-Elderslie) to convey some of his concerns with industrial wind development. Mr. Crocker stated half of his property is a tranquil, significant wetland and he feels he will lose the tranquility of the property with the development of wind turbines. Mr. Crocker stated sounds emitted can be heard for many kilometres and the effects of wind turbines will affect the health of residents. Mr. Crocker feels that Council must protect the health and welfare of its residents and urged Council to enact the Arran-Elderslie by-law. Brian Way addressed Council concerning Report EGD-021-10 – Kendal Drainage stating that although staff met with area residents to suggest solutions to the drainage problem in Kendal, many residents are not satisfied the issue will be resolved satisfactorily. He stated residents are concerned with the depth of ditches, maintenance and reduced property values. Mr. Way stated the recommended proposal does not address the culvert that runs across Church Street to his property and questioned if there were other potential means of diverting water away from the culvert and deleting it. Mr. Way stated there was a need for partial or proper sewers and requested that investigation into a proper underground drainage system be undertaken. He confirmed that residents do not want a ditch on the north side and would like the culvert removed from Church Street. Mike Bujold addressed Council concerning Report EGD-021-10 – Kendal Drainage stating the biggest part of problem is the water on west side of Kendal Church Road that needs to be diverted. He stated the consensus of residents is that they do not want the ditch and confirmed that previous concerns regarding wells drying up does not seem to be an issue at present. Larry Jackson addressed Council concerning Report EGD-021-10 – Kendal Drainage stating he has lived in Kendal since 1998 and has experienced some very interesting spring runoffs with ponding in his yard and water leaking into his basement. Mr. Jackson does not support the idea of a ditch on the south side of Regional Road 9 and would prefer that funding be put towards phasing of storm sewers which he believes would take care of most of the pressing issues. Council Meeting Minutes - 11 - July 12, 2010 COMMUNICATIONS Correspondence Items I - 21, I - 22, and I - 23 were received as Hand-outs. Resolution #C-303-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, including Hand-out Correspondence Items I - 21, I - 22 and I - 23, with the exception of Items I - 5, I - 8, I - 14, I - 16, I – 18, I - 19 and, I - 22. “CARRIED” I - 1 Minutes of the Clarington Heritage Committee dated June 15, 2010 I - 2 Minutes of the Central Lake Ontario Conservation Authority dated June 15, 2010 I - 3 Minutes of the Clarington Agricultural Advisory Committee dated June 10, 2010 I - 4 City Clerk, City of Toronto, advising Council that on June 8 and 9, 2010, Toronto City Council adopted the following resolution pertaining to an open, transparent and accountable Metrolinx: “1. City Council requests the Ontario Government to amend the governance of Metrolinx to make it open, transparent, and accountable to the public by requiring it to conduct its meetings in public, consistent with the rules governing municipal government; provide advance public notice of meetings; allow public deputations; and publish all reports, agendas, and minutes. 2. City Council forward a copy of this Item to Toronto MPPs and other Greater Toronto Area municipalities for their information.” I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Ministry of Transportation advising that on June 23, 2010, Regional Council adopted the following resolution pertaining to Emergency Detour Route Plan for Highway 401 and Highway 35/115: “a) THAT the Emergency Detour Route Plan be endorsed; and b) THAT a copy of Report No. 2010-W-100 of the Commissioner of Works be forwarded to the Ministry of Transportation, the Durham Regional Police Service, and the local area municipalities.” Council Meeting Minutes - 12 - July 12, 2010 I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 23, 2010, Regional Council adopted the following resolution pertaining to analysis related to the election of the Regional Chair and matters related to the question on the ballot: “a) THAT Report #2010-A-25 of the Regional Clerk be received for information; b) THAT the Clerk’s Department be authorized to incur the additional costs as a result of submitting a question to the electors on the October 25, 2010 municipal election ballot in an amount not to exceed $75,000 with the related financing to be at the discretion of the Commissioner of Finance; and c) THAT a copy of Report #2010-A-25 be forwarded to the area municipalities for information.” I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 23, 2010, Regional Council adopted the following resolution pertaining to Update on Durham Nuclear Issues and Responses to the Joint Review Panel on the New Nuclear Darlington (NND) Project Environmental Impact Statement (EIS) and Application for License to Prepare Site: “a) THAT Joint Report No. 2010-J-29 be endorsed; b) THAT Regional Council reconfirm that Durham Region, as an experienced and informed nuclear host community, is a willing and supportive host for the New Nuclear Darlington (NND) project which involves building up to four new reactors at the Darlington site; c) THAT Regional Council strongly oppose any design for the NND facility which would include the construction of cooling towers; d) THAT Regional Council reiterate to Ontario Power Generation (OPG), the Nuclear Waste Management Organization (NWMO) and the federal government, the Region’s strong opposition to long-term storage of used nuclear fuel at the nuclear stations in Durham Region; e) THAT Regional Council direct the Regional Chair to write to the federal government and the NWMO urging them to: Council Meeting Minutes - 13 - July 12, 2010 i) accelerate planning and expedite development of low, intermediate and high level nuclear waste facilities to accept waste from all existing plants and proposed nuclear projects including new reactors, refurbishment and decommissioning of existing reactors; ii) provide assurance that the scope of the NWMO project includes spent fuel waste produced by any new reactors built at Darlington; iii) expedite NWMO’s Adaptive Phased Management (APM) process currently underway to find a suitable host community and build a all centralized deep geological repository (DGR) to manage used nuclear fuel produced in Canada; and iv) assure OPG and Durham Region that the centralized DGR will be designed to physically accommodate the waste from the proposed new reactors, regardless of the reactor technology selected; f) THAT Regional Council urge the federal and provincial governments to take a more integrated and comprehensive approach to planning new nuclear facilities and refurbishments including nuclear waste management; g) THAT Regional Council request the federal government to update the Nuclear Liability Act 1976 as soon as possible to: i) increase the amount of nuclear operator liability to reflect current costs of environmental damages; ii) index that amount to the annual inflation rate; and iii) include provisions for compensation entitlement to nuclear host communities, such as Durham Region; h) THAT Regional Council endorse the approach being advanced by Regional staff to establish a Regional Impacts and Services Agreement (RISA) related to the NND project with OPG rather than a third party vendor. The purpose of the RISA is to identify appropriate actions, compensations or mitigations to resolve impacts on Regional services or facilities over the life cycle of the NND project. Within the RISA, the Region expects to deal with matters within its mandate such as: i) community wellbeing and quality of life; Council Meeting Minutes - 14 - July 12, 2010 ii) provision of water and wastewater services; iii) timing and construction of Regional road improvements; iv) reduced lifespan of Regional roads and bridges due to the additional heavy truck traffic associated with NND haul routes, etc.; v) fair payment of taxes, user rates or development charges (or equivalent payments) as they relate to the project; vi) impacts on police, emergency medical (EMS), health, social and transit services and existing or new Regional facilities; vii) revision of Durham Emergency Management Office (DEMO) nuclear emergency, evacuation and sheltering plans; and viii) continuity of the agreement(s) should OPG or the NND be restructured, sold or privatized in the future; i) THAT OPG be advised that Regional Council would anticipate negotiating with OPG arrangements with respect to ongoing monitoring and Environmental Assessment (EA) follow-up programs such as: i) the development of Traffic, Dust and Noise Management Plans; ii) peer reviews of future OPG studies such as the Traffic, Dust and Noise Management Plans; iii) establishment and operation of a new air quality monitoring station in Clarington; iv) lake water modelling studies; v) monitoring of indicators of community wellbeing and quality of life during all phases of the NND projects; and vi) plans for timely removal of nuclear waste products; Council Meeting Minutes - 15 - July 12, 2010 j) THAT Attachment 9 to Report No. 2010-J-29 be endorsed and forwarded to the federal Joint Review Panel as the Region of Durham’s comments in regard to the adequacy and accuracy of the Environmental Impact Statement (EIS) New Nuclear Darlington Environmental Assessment and Application for Licence to Prepare Site (Licence Application) for the New Nuclear Darlington (NND) Project with respect to the Region’s mandate and interests in the NND project; k) THAT as OPG progresses through the environmental assessment and approval processes for the NND project, the proposed refurbishment of the existing Darlington nuclear reactors, and the decommissioning of the Pickering Nuclear Generating Station (PNGS), OPG be requested to work with the Region in an ongoing combined manner to identify, discuss, mitigate and/or address the impacts of those projects on Regional services or facilities; l) THAT a copy of Joint Report No. 2010-J-29 be forwarded to the federal Ministers of Natural Resources and of the Environment, the Nuclear Waste Management Organization, Ontario Minister of Energy and Infrastructure, Ontario Power Generation, the Canadian Association of Nuclear Host Communities (CANHC); and m) THAT a copy of this resolution be forwarded to the Ontario Ministers of the Environment, Municipal Affairs and Housing, and Health and Long-Term Care, Durham’s MPs and MPPs, Hydro One, the Central Lake Ontario Conservation Authority (CLOCA), and Durham Region area municipalities, for their information with instructions on how to view the full report on the Durham Region website.” I - 10 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA) advising that on June 15, 2010, CLOCA adopted the following resolution: “THAT Staff Report #4897-10 be received; THAT the Aquatic Monitoring Program 2009 Annual Report be received and endorsed; THAT the Terrestrial Monitoring Program 2009 Annual Report be received and endorsed; THAT the Wildlife Monitoring Program 2009 Annual Report be received and endorsed; Council Meeting Minutes - 16 - July 12, 2010 THAT the Durham Region Coastal Wetland Monitoring Report, 2009, be received and endorsed; and THAT the above noted reports be forwarded to the Authority’s member municipalities.” Copies of the above-noted reports were received on CD and have also been posted on CLOCA’s website at www.cloca.com. I - 11 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, writing to Michael Angemeer, President and CEO, Veridian Connections Inc. congratulating Veridian’s Board of Directors and staff on being selected by Natural Resources Canada as the 2010 Energy Star Utility of the Year. I - 12 Jamie Robinson, Director, Communications, Nuclear Waste Management Organization (NWMO), advising that in 2007, the Government of Canada selected Canada’s plan for the long-term management of used nuclear fuel which involves the development of a large infrastructure project in an informed and willing host community; advising that over the past two years NWMO has worked collaboratively with interested organizations and individuals to design a fair and appropriate process for identifying a community to host the repository for Canada’s used nuclear fuel; indicating that NWMO is providing an opportunity for interested individuals, organizations and communities to learn more about Canada’s plan and the process; and, forwarding a copy of “Moving Forward Together: Overview of Canada’s Plan for the Long-Term Management of Used Nuclear Fuel”. The correspondence indicated that communities that express interest in learning more about the project are not obligated to participate in the site selection process. I - 13 Pat Perkins, Mayor, Town of Whitby, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, acknowledging the Federal government’s attempt to resolve complex and difficult issues related to international business and trade; expressing concern with the import of steel from overseas which is being brought into Canada at reduced prices after the importing company has paid substandard wages to its employees with unknown environmental controls and that other countries have exported product into Canada that have been subject to numerous unfair anti-dumping trade cases; advising that both of these types of trading negatively impact Canada’s steel industry and the standard of living for those individuals and communities who depend on it to provide for their families; and, questioning if there is some method to preserve and grow Canada’s industrial base and jobs for Canadian residents. Council Meeting Minutes - 17 - July 12, 2010 I - 15 Ian Smith, Director, Source Protection Programs Branch, Ministry of the Environment, announcing that the Ministry of the Environment (MOE) has finalized the regulation in support of the development and implementation of source protection plans under the Clean Water Act, 2006; indicating that amendments to General Regulation O. Reg. 287/07 setting out the requirements for source protection plans will come into effect July 1, 2010 following a public consultation process; and, that information fact sheets will be forwarded and posted on the Ministry’s website www.ontario.ca/cleanwater. I - 17 The Honourable Dalton McGuinty, Premier of Ontario, writing to Mr. Glen Rainbird, Veridian Corporation, providing an explanation regarding the benefits of merging the GST and the PST into the Harmonized Sales Tax (HST) indicating the HST will build a stronger economy for Ontario by creating new incentives for Ontario businesses to grow, for new businesses to locate here and be more competitive in global markets and by creating new jobs; and, indicating that detailed information about the tax changes is available on the government’s website at www.ontario.ca/taxchange. I - 20 The Honourable Dalton McGuinty, Premier of Ontario, thanking Council for providing feedback on the Highway 407 extension and indicating that he has forwarded a copy of Council’s correspondence to the Honourable Kathleen Wynne, Minister of Transportation for a response. I - 21 Jeff Kelso, acknowledging the efforts of Len Creamer, Manager of Municipal Law Enforcement, and the Municipal enforcement staff in carrying out their duties with empathy and consideration, despite facing adversarial situations on a daily basis; acknowledging their approach and flexibility in addressing the issue of by-law non-compliance; and, demonstrating a willingness to work with him in bringing his property into compliance, while addressing the broader issue for the residents of Clarington. I - 23 Del Dykstra, Broker/Owner, Delton Financial Ltd., advising that as a business owner in Clarington he has a vested interest in the economic growth of the community and that the Highway 407 Extension project will have a great impact on the existing business community and its ability to access more efficient transportation paths; expressing concern that the extension of Highway 407 will now be phased, with the first phase ending at Simcoe Street in Oshawa, and expressing disappointment with its impact on Clarington’s growth opportunities; and, forwarding a copy of his correspondence to the Honourable Dalton McGuinty, Premier of Ontario, suggesting the Province re-evaluate the benefits of building the Highway 407 extension from Brock Street in Pickering to Highway 35/115 in Clarington as one continuous project. Council Meeting Minutes - 18 - July 12, 2010 I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 23, 2010, Regional Council adopted the following resolution pertaining to additional sanitary sewerage capacity to service the Bowmanville Urban Area: “a) THAT staff be directed to continue with the design and construction of the expansion of the Port Darlington Water Pollution Control Plant and expedite the work; b) THAT staff be directed to negotiate with West Diamond Properties Inc., acting on behalf of a Bowmanville Developers group, to commence the class EA for the Diversion Pumping Station and Forcemain and that reimbursement to the developers of up to $500,000 of that cost be considered in the 2011 Sanitary Sewerage Servicing and Financing Study; c) THAT the option of diverting flows by pumping to the Courtice Water Pollution Control Plant be evaluated during the preparation of the 2011 Water Supply and Sanitary Sewerage Servicing and Financing Study and the 2011 Sanitary Sewerage Capital Budget and Forecast; and d) THAT a copy of Report No. 2010-W-87 of the Commissioner of Works be forwarded to the Municipality of Clarington, BILD Durham Chapter, and the Durham Region Home Builders Association.” Resolution #C-304-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Regional Municipality of Durham, with respect to additional sanitary sewerage capacity to service the Bowmanville Urban Area, be endorsed. “CARRIED” I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Gerretsen, Minister of the Environment advising that on June 23, 2010, Regional Council adopted the following resolution pertaining to proposed water opportunities and Water Opportunities Act: “a) THAT Joint Report No. 2010-J-33 of the Commissioners of Finance and Works be endorsed and submitted to the Environmental Bill of Rights Registry (EBR) as Durham Region’s comments on the proposed Water Opportunities Act; Council Meeting Minutes - 19 - July 12, 2010 b) THAT should revisions of the Water Opportunities Act be brought forward, additional consultation be conducted, or related draft regulations be released by the Province during the Regional Council summer recess, that staff be directed to prepare and submit Regional comments to the Ministry of the Environment (MOE); c) THAT the Province be requested to proactively consult with the following agencies and organizations to develop a common template for reporting on municipal sustainability and conservation plans: Association of Municipalities of Ontario, Water Environment Association of Ontario, Ontario Water Works Association, the Municipal Engineers Association, Ontario Public works Association, Regional Public Works Commissioners of Ontario and the Municipal Finance Officers Associations; and d) THAT a copy of Joint Report No. 2010-J-33 be forwarded to the Ministers of the Environment, Energy and Infrastructure, Economic Development and Trade, Municipal Affairs and Housing, and Research and Innovation, Durham MPPs, the Association of Municipalities of Ontario, and Durham area municipalities.” Resolution #C-305-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the resolution from the Regional Municipality of Durham, with respect to proposed water opportunities and the Water Opportunities Act, be endorsed. “CARRIED” I - 14 Moin Khan, Project Engineer, Ministry of Transportation (MTO), notifying Council that the MTO has initiated a resurfacing project of selected ramps at Highway 401 from Neilson Road to Newtonville Road for improving driving conditions and highway operations, including the Mill Street interchange and the Newtonville Road interchange; advising the project will begin in early September 2010 and the anticipated completion will be at the end of October 2010; indicating that there may be lanes/ramps closures, minor traffic delays/disruption, traffic signal loops reinstatements and traffic control measures during construction; and, requesting to be advised of any potential issues or concerns with the work planned. Council Meeting Minutes - 20 - July 12, 2010 Resolution #C-306-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I – 14 from the Ministry of Transportation, with respect to the resurfacing of selected ramps on various interchanges – Neilsen Road to Newtonville Road, be received for information; and THAT the information be posted on the Municipal website to advise the public of the construction project. “CARRIED” I - 16 D. Paul Ayotte, Mayor, City of Peterborough, writing to the Honourable Dalton McGuinty, Premier of Ontario, expressing shock and dismay with the Province’s decision to deviate from its original plan to construct the Highway 407 extension all the way through Durham Region to Highway 35/115 and to now take a phased approach with the first phase of Highway 407 construction ending at Simcoe Street in Oshawa; expressing concern that throughout the Environmental Assessment process, the Province repeatedly assured that the target date for completion of this project was 2013; indicating that providing a freeway that ends far short of its intended destination and deleting some of the required interchanges will result in regional and local road systems that will see even more traffic; and, requesting that the Province confirm its previous commitment to complete all of the works identified in the Environmental Assessment for the Extension of Highway 407 to Highway 35/115 by 2013. Resolution #C-307-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Item I - 16, from the City of Peterborough, with respect to requesting the Province to confirm its previous commitment to complete all of the works identified in the Environmental Assessment for the Extension of Highway 407 to Highway 35/115 by 2013, be endorsed. “CARRIED” I - 18 Linda Gasser forwarding a copy of her delegation to Regional Council on June 9, 2010, concerning the incinerator wherein she outlined her concerns with Durham’s commitments, A-7 guidelines and the Covanta Contract. Council Meeting Minutes - 21 - July 12, 2010 Resolution #C-308-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 18, from Linda Gasser with respect to Durham’s commitments, A-7 guidelines and the Covanta Contract, be referred to the Region of Durham. “CARRIED LATER IN THE MEETING” (See Following Motion) Resolution #C-309-10 Moved by Councillor Woo, seconded by Councillor Foster THAT the Foregoing Resolution # C-308-10 be amended by adding the following: “THAT during Council’s summer recess, staff be directed to request updates from the Region of Durham with respect to the status of the Covanta contract and to request updates from the Ministry of the Environment regarding the decision on the Environmental Assessment; and THAT the Municipal Clerk be directed to post the complete Environmental Assessment Decision and Conditions on the Municipal website and to provide such information both by e-mail and hard-copy to all interested parties.” “MOTION LOST” The foregoing Resolution #C-308-10 was then put to a vote and CARRIED. I - 19 Wendy Bracken forwarding a copy of her delegation to Regional Council on June 23, 2010, and copies of a memorandum from Chris Ollson/David Payne, Jacques Whitford to Dr. Kyle regarding the annual emissions summary from the Generic Human Health and Ecological Risk Assessment (HHERA) facility model and tables summarizing the annual emissions; expressing concern that facility emissions appear much worse for the new facility for many of the pollutants especially NOx, PM2.5, mercury, cadmium and dioxins/furans; and, outlining concerns with the Covanta Contract. Resolution #C-310-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 19, from Wendy Bracken, with respect to Incinerator facility emissions and Covanta contract, be referred to the Region of Durham. “CARRIED” Council Meeting Minutes - 22 - July 12, 2010 I - 22 Louis Bertrand forwarding a copy of his delegation to Regional Council of June 23, 2011 with respect to uncertainty concerning the agreement with Covanta. Resolution #C-311-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 22 from Louis Bertrand, with respect to uncertainty concerning the agreement with Covanta, be referred to the Region of Durham. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 16, D -17, D - 18 and D - 19 were received as Hand-outs. Resolution #C-312-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 7, and Hand-out Correspondence Items D - 16 and D - 17 be approved as per the agenda, with the exception of Correspondence Items D - 4, and D - 6. “CARRIED” D - 1 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee, th requesting permission to hold the 6 Annual Newcastle Santa Parade on Sunday, November 21, 2010; indicating that they have permission from the Newcastle BIA and will apply for the permits from the Municipality and the Region for the road closures; and, that their pyrotechnician requires proof of Council’s approval to obtain the fireworks permit. (Parade and fireworks display approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and a fireworks permit from the Municipal Law Enforcement Division) Council Meeting Minutes - 23 - July 12, 2010 D - 2 Andrea Armstrong, Public Relations Specialist, M & M Meat Shops, advising that on September 16, 2010, M & M Meat Shops is encouraging families coast-to-coast to enjoy a meal together in celebration of the sixth annual “National Family Dinner Night”; indicating that M & M will be asking families to register their participation in National Family Dinner Night at www.nationalfamilydinnernight.com as of August 1, 2010 and that for every person who registers, M & M Meat Shops will donate $1 to the Crohn’s and Colitis Foundation of Canada (CCFC); and requesting that September 16, 2010, be proclaimed as “National Family Dinner Night”. (Proclaimed) D - 3 Thomas H. B. Symonds, Chairman, Ontario Heritage Trust, inviting Council to participate in the 2010 Volunteer Recognition programs, including the Heritage Community Recognition Program, Young Heritage Leaders Program and Community Leadership Program; forwarding brochures outlining the eligibility criteria and nomination process; and, advising the nomination deadline is September 15, 2010. (Correspondence referred to the Director of Planning Services) D - 5 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers’ Association, expressing concern with the proposed location of the new fire hall on Rudell Road in Newcastle due to its close proximity to a school, recreation centre and private residences; requesting that Council give consideration to other properties that have direct access to Highway 2; and, requesting a response prior to the September Council meeting. (Correspondence referred to the Director of Emergency and Fire Services) D - 7 Jean Graham, Chairperson, Newcastle Lions Club, requesting permission to host a 5km and 10km Walk for Dog Guides in Newcastle on Saturday, October 2, 2010, starting at 8:00 a.m. at the Community Hall; indicating the route and a copy of insurance coverage will be forwarded separately; advising that all money pledged goes to providing Dog Guide Teams to assist the blind, deaf and physically challenged; and, encouraging all th interested residents to participate and support the 16 Annual Walk. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 24 - July 12, 2010 D - 16 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, advising that September 27, 2010, from 12:00 noon to 2:00 p.m. in the Legislative Building, has been set to celebrate “Durham Day at Queen’s Park”, providing an opportunity to showcase Durham’s energy and green-tech companies, food producers, local chefs and Durham College and UOIT’s activities; hoping Council will encourage staff to attend the event; and, suggesting that the Board of Trade also be part of the day. (Correspondence referred to staff) D - 17 Grant Algar requesting an extension to Building Permit No. 08.0509 for 4327 Fices Road until September 30, 2010, due to lack of available trades during the summer vacation period. (Extension for the use of temporary living quarters at 4327 Fices Road until September 30, 2010 approved, subject to the signing of a further letter of undertaking) D - 4 Ruth Van Belle expressing disappointment with the lack of maintenance of the landscaping on the medians on Highway #2 and suggesting that the municipality approach the contractors who built the medians and suggest that they be appropriately maintained so that they enhance the streetscape. Resolution #C-313-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D – 4 from Ruth Van Belle, with respect to maintenance of the landscaping on the medians on Highway #2, be referred to the Director of Engineering Services and the Director of Operations for response. “CARRIED” D - 6 Jim Richards requesting that the Municipality enact an air quality by-law to protect citizens, especially young children, people with allergies and breathing problems, and the elderly, from the effects of current and proposed industries, such as the operations of St. Marys Cement, the proposed incinerator as well as the extension of Highway 407, in view of the already-burdened air shed in Clarington. Council Meeting Minutes - 25 - July 12, 2010 Resolution #C-314-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D – 6 from Jim Richards, with respect to request for enactment of an air quality by-law, be received for information. “CARRIED” D - 8 Angie Darlison, Executive Director, Clarington Older Adult Centre (COAA) Board, expressing concern with By-law 2009-123 – Clarington Sign By- law and its effects on non-profit organizations; indicating that since the implementation of the sign by-law, the COAA has been forced to remove its mobile road sign that had previously been placed on private lands to the west of Bowmanville for over two years; stating that with the high cost of local advertising and the Centre’s inability to post any exterior signage on or surrounding the Beech Centre due to the Heritage designation, the mobile sign was a major source of advertising for the Centre; indicating that they have reviewed the sign by-law at length and have determined it would not be financially possible for the organization to afford the high costs associated with complying with the by-law; and, requesting that Council make an exception for the Centre similar to the Orono Fair and provide a sound conclusion to the matter that will not financially affect the Clarington Older Adult Association. Resolution #C-315-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D - 8 from Angie Darlison, Executive Director, Clarington Older Adult Centre (COAA) Board, with respect to Clarington Sign By-law 2009-123, be referred to the Acting Director of Planning Services for a possible solution with regard to site specific signage for the Clarington Older Adult Association. “CARRIED” Council Meeting Minutes - 26 - July 12, 2010 D - 9 Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association, expressing concern with Council’s Procedural By-law 2007-22, particularly in reference to Jim Richards’ delegation to Council of April 26, 2010, which was cut short under the authority of the By-law; acknowledging that procedural rules regarding speaking rights and decorum within public meetings may be important in structuring debate and discourse, and thereby serve to promote the democratic process; however, indicating that in no event should a constituent be censured simply because they criticized a public official for how they are conducting themselves in office, or because they used the term “bully”; advising that the Procedural By-law prohibiting “disrespect” and “offensive words” is too broad a restriction on individuals’ speech, particularly given that it governs public participation at an open Council meeting, where constituents can be expected to come to criticize elected officials and their conduct in office; and, requesting that Mr. Richards be given an opportunity to complete his delegation and that Council repeal or significantly amend Procedural By-law 2007-22 to meet constitutional standards. Resolution #C-316-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Jim Richards be invited to a future Council meeting to complete his delegation of April 26, 2010; THAT Council issue an apology to Mr. Richards for curtailing his delegation of April 26, 2010; and, THAT the Municipal Solicitor be requested to review Council’s Procedural By-law 2007-227, as amended, and provide comments on how to avoid this type of situation in the future. “TABLED” (See Following Motion) Resolution #C-317-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing Resolution #C-316-10 be tabled until comments are received from the Municipal Solicitor at the first Council meeting following the summer recess. “CARRIED” Council Meeting Minutes - 27 - July 12, 2010 D - 10 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers’ Association, expressing concern with the lack of parking at the Bond Head parkette, particularly on the weekends, due to the number of boat trailers left in the parking lot forcing visitors, other than fishermen, to either leave or park along the road; and, requesting that Council consider appropriate solutions so that community members may enjoy the newly-created park. Resolution #C-318-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 10 from Ken Willis, Secretary, Newcastle/Bond Head Ratepayers’ Association, with respect to parking at the Bond Head Parkette, be referred to staff. “CARRIED” D - 11 Angela Sharbot, Clerk/Economic Initiatives Administrator, Town of Atikokan, advising Council that on June 14, 2010, the Town of Atikokan adopted the following resolution pertaining to utility vehicles (UTVs): “WHEREAS Utility Vehicles (UTVs) are currently not of a prescribed class of vehicle to be allowed on provincial and municipal highways; and WHEREAS the Provincial Government through their vehicle licensing program recognizes UTVs as an All-Terrain Vehicle (ATV); and WHEREAS UTVs are insurable under the Insurance Act to be in compliance with the Highway Traffic Act and Off-Roads Vehicle Act; and WHEREAS manufacturers and retailers continue to build and sell UTVs; and WHEREAS there are economic benefits with the manufacturing, sale and use of UTV’s; and WHEREAS there are further economic benefits in the tourism industry to develop ATV and UTV trails; and WHEREAS a thorough review of the Off-Roads Vehicle Act in conjunction with the Highway Traffic Act has not taken place to consider expanding UTVs as an allowable vehicle on provincial and municipal highways; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Atikokan requests the Minister of Transportation to give directive for a thorough review of the Off-Roads Vehicle Act to include ATVs in the Off- Roads Vehicle Act; and Council Meeting Minutes - 28 - July 12, 2010 FURTHER BE IT RESOLVED THAT this resolution be forwarded to the Minister of Transportation and to Bill Mauro, MPP Thunder Bay-Atikokan; and all Ontario municipalities for further support.” Resolution #C-319-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Town of Atikokan, with respect to Utility Vehicles (UTVs), be received for information. "CARRIED" D – 12 Carolyn Downs, City Clerk, City of Kingston, advising Council that on June 15, 2010, the City of Kingston adopted the following resolution pertaining to prison farms: “WHEREAS the prison farms at Frontenac and Pittsburgh Institutions provide milk, eggs, and meat for 14 penitentiaries in Ontario and Quebec saving Canadian taxpayers from having to pay for this food for prison inmates; and, WHEREAS the prison farms provide inmates with real work to do while they serve their time, contribute to their rehabilitation, and allow them to “pay their way through agriculture”; and, WHEREAS on-going community efforts to save the prison farms have gathered increasing support both in Kingston and across the country; and, WHEREAS Kingston City Council wishes to make it absolutely clear to the federal government that we believe that the prison farms are a positive and productive element of our community and should not be closed; THEREFORE BE IT RESOLVED THAT City Council ask the federal government to reconsider its position and not close the prison farms in Kingston, and that a moratorium on the prison farm closures be put into place until a full public review of this decision takes place; and FURTHER THAT a copy of this motion be sent to the Prime Minister, the Attorney General of Canada, and the Minister of Public Safety, as well as the leaders of the opposition parties, and their appropriate critics for this portfolio, and all municipalities over 50,000, FCM, AMO, and Correctional Services Canada, asking for their support.” Council Meeting Minutes - 29 - July 12, 2010 Resolution #C-320-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the City of Kingston, with respect to saving prison farms, be received for information. "CARRIED" D - 13 Michael Hackenberger, Bowmanville Zoo, expressing appreciation to Council for supporting the Canadian Association of Zoos and Aquariums’ (CAZA) position regarding the height for perimeter fencing at the Bowmanville Zoo adjacent to the elephants and large predators; expressing disappointment that many municipalities are simply passing by-laws preventing circuses from performing within their boundaries, which is a breach of the Charter; suggesting that concerned municipalities should adopt a by-law similar to the by-law enacted by the City of Toronto which requires the appearance of any species of restricted animal within the boundaries of the municipality being contingent upon the animal originating from a CAZA accredited institution ensuring the highest level of animal welfare, conservation and education and to allow for neutral third party oversight with the experience to access appropriate captive zoological conduct; and, requesting that Council promote utilizing CAZA’s expertise to establish appropriate levels of safeguards to those municipalities who have enacted circus exclusion by-laws across Ontario. Resolution #C-321-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D – 13 from Michael Hackenberger, Bowmanville Zoo, with respect to support of the Canadian Association of Zoos and Aquariums (CASA), be endorsed ‘in principle’ and referred to staff to capture the intent of Mr. Hackenberger’s request for Council to promote CAZA to other municipalities. "CARRIED" D - 14 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on June 28, 2010, the Town of Halton Hills adopted the following resolution pertaining to a request to the Province to cover all appeal costs to the Ontario Municipal Board for Growth Plan Conformity Exercises: “WHEREAS the Province of Ontario initiated and passed the Places to Grow Act; Council Meeting Minutes - 30 - July 12, 2010 AND WHEREAS pursuant to that Provincial initiative under the Places to Grow Act, the Province issued a Provincial Growth Plan for the Greater Toronto Area and pursuant to that Act requires municipalities at the Regional and Local levels to amend their Official Plans to bring them into conformity with that Provincial Growth Plan; AND WHEREAS the Province permits appeals of its approval decisions on Regional and Local Official Plans regarding conformity to be appealed to the Ontario Municipal Board despite the fact that any appeals of the Growth Plan itself are handled by way of a Hearing Officer who reports to the Province and the Province makes the final Decision; AND WHEREAS the defence of any Regional and/or Local Official Plan to achieve conformity with the Provincial Growth Plan can be a long and costly process in front of the Ontario Municipal Board; AND WHEREAS municipalities are expected to defend their Official Plans for conformity at the Ontario Municipal Board despite the fact that the municipalities have had to pass those municipal official plans by reason of the Provincial Places to Grow Act; AND WHEREAS in Halton, the Region of Halton has passed Regional Official Plan Amendments #37 and 38 as required by The Places to Grow Act and in the case of Regional Official Plan Amendment #37 that amendment was approved by the Province and then appealed by development interests to The Ontario Municipal Board and the same is likely to occur with Regional Official Plan Amendment #38 and with some if not all of the corresponding local official plan amendments; AND WHEREAS even without any appeals to the Ontario Municipal Board there are significant costs for municipalities participating in the Provincially required Growth Plan conformity exercises pursuant to the Places to Grow Act; AND WHEREAS such municipalities should not have the added cost of participating in OMB appeals of the various Regional and Local Official Plans produced in compliance with Provincial requirement for conformity with the Provincial Growth Plan; AND WHEREAS the Province itself, in defending its Growth Plan and indeed other Provincial Plans such as the Greenbelt Plan has only hearing officer report exercises in response to changes and amendments sought by others to its Provincial Plans such as the Growth Plan and the Greenbelt Plan. Council Meeting Minutes - 31 - July 12, 2010 NOW THEREFORE BE IT RESOLVED: 1. THAT the Province of Ontario be requested to take responsibility for any Ontario Municipal Board appeal hearings related to any approvals of Regional and Local Official Plan Amendments that are passed pursuant to the Places to Grow Act in order to achieve conformity with that Act such that all costs related to defending a Growth Plan Conformity exercise before the Ontario Municipal Board are covered by the Province including the retention of any legal counsel, planning consultants, and other consultants and witnesses and also the time for Provincial or Regional or Local staff required as part of any defence before The Ontario Municipal Board. 2. THAT the Province of Ontario be requested to provide “intervener funding” to any municipalities affected by the appeal of any Growth Plan conformity, Official Plan amendment to The Ontario Municipal Board so as to enable the municipalities involved to defend their positions with respect to the Provincial Growth Plan conformity exercise before The Ontario Municipal Board without added cost to the Municipal Service and Delivery System and higher property taxes. 3. THAT a letter be sent by the Mayor along with this Resolution to the Premier of the Province of Ontario and the Minister of Municipal Affairs and Housing for their consideration and action in having the Province take the lead and the responsibility for the costs of any appeal proceedings before The Ontario Municipal Board on Growth Plan Conformity Official Plans by Regional and Local municipalities and by providing intervener funding to those municipalities who would be involved in any appeal proceedings respecting Growth Plan Conformity Exercises. 4. THAT this Resolution be forwarded to all of the Regional and Local Municipalities within the Greater Toronto Area and to the Association of Municipalities of Ontario for their support and endorsement of this Resolution and 5. THAT this Resolution be forwarded to the Wellington Halton Hills MPP, Mr. Ted Arnott, for his support of this Resolution.” Council Meeting Minutes - 32 - July 12, 2010 Resolution #C-322-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Town of Halton Hills, with respect to a request to the Province to cover all appeal costs to the Ontario Municipal Board for Growth Plan Conformity Exercises, be endorsed. "CARRIED" D - 15 Kristin Robinson expressing concern with many issues surrounding the incinerator project including the fact that the incinerator will not meet the updated A-7 Guidelines for dioxins and furans and carbon monoxide; questioning what the costs will be to bring the proposed RFP Technical Requirements up to meet the new A-7 guidelines and whether this cost was factored into the business case; suggesting that the Commissioner of Works appears to not be aware of the status of the most expensive capital project undertaken by the Region; and, requesting Council to request routine updates from the Region regarding contract negotiations with Covanta; updates regarding the Ministry of the Environment decision on the Environmental Assessment including any conditions of approval; and, that Council commit to updating residents on this project by way of the municipal website and by email to the list of registered interested parties. Resolution #C-323-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 15 from Kristin Robinson, expressing concern with many issues surrounding the incinerator project, be referred to the Region of Durham. "CARRIED" D - 18 Brian Vince advising a Memorial Event is being planned to honour the memory of Rob Piontek at the Rob Piontek Skateboard Park on August 30, 2010, and to help promote the positive influence that skateboarding brings to youth; indicating that the event is free and the organizers will not profit from it; advising that they are trying to keep costs to a minimum with budgetted funds being allocated to insurance; and, requesting that the fees for the use of the park be waived for the event. Council Meeting Minutes - 33 - July 12, 2010 Resolution #C-324-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 18, from Brian Vince, requesting waiver of fees for the use of the Rob Piontek Skateboard Park August 30, 2010, be denied; and THAT Council approve $150 under the Corporation Grant Program; subject to the organizers qualifying for and submitting a completed application form and providing proof of appropriate insurance coverage in place for the event. "CARRIED" D - 19 Confidential Correspondence from Newcastle Recycling Ltd. regarding a Legal Matter Resolution #C-325-10 Moved by Councillor Foster, seconded by Councillor Trim THAT Confidential Correspondence Item D - 19, from Newcastle Recycling Ltd., be referred to the Municipal Solicitor. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report July 5, 2010. Resolution #C-326-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of July 5, 2010 be approved, with the exception of Items #1(a), #8, #9, and #27. “CARRIED” Item #17 Councillor Novak’s declaration of pecuniary interest was noted, as Great West Life holds her licence. Council Meeting Minutes - 34 - July 12, 2010 Item #1(a) Resolution #C-327-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-088-10 – Request for Air Quality By-law be received for information. “CARRIED” Item #9 Resolution #C-328-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-021-10 be tabled until the September 13, 2010, meeting of the General Purpose and Administration Committee to allow the Director of Engineering Services to meet with the residents of Kendal. “CARRIED” Item #8 Resolution #C-329-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-090-10 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington is not prepared to enter into a cost-sharing agreement between Clarington and Region to fund the installation of the necessary signal; THAT the application submitted by Martin Road Holdings Ltd. to amend the Clarington Official Plan (Amendment No. 70) as contained in Attachment 4 to Report PSD-090- 10 be adopted and that the necessary by-law be approved; THAT the by-law to amend the Comprehensive Zoning By-law 84-63 contained in Attachment 5 to Report PSD-090-10, including the amendment as outlined by memorandum dated July 12, 2010, from the Acting Director of Planning Services, be passed to implement Official Plan Amendment No. 70; and Council Meeting Minutes - 35 - July 12, 2010 THAT the interested parties listed in Report PSD-090-10 and any delegations be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Item #27 Resolution #C-330-10 Moved by Councillor Robinson, seconded by Councillor Hooper th THAT Item #27 – Mosport International Raceway 50 Anniversary Celebration be referred to the Corporate Services Department – Communications and Tourism. “CARRIED” STAFF REPORT(S) Resolution #C-331-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-046-10 be received; THAT a policy on Community Festival/Event temporary signage as set out in Report COD-046-10 be approved; THAT eligible groups requiring special event signs be directed to the Engineering Services Department for a road occupancy permit under the governing by-law providing all appropriate criteria are met; THAT should modifications to the policy be necessary to address unforeseen implementation issues, the CAO be authorized to make amendments; THAT sign placement be authorized for a period of 30 days in advance of the day of the event; and Council Meeting Minutes - 36 - July 12, 2010 THAT all interested parties listed in Report COD-046-10 and any delegations be advised of Council’s decision. “CARRIED AS AMENDED” (See Following Motion) Resolution #C-332-10 Moved by Councillor Foster, seconded by Councillor Novak THAT the policy on Community Festival/Event temporary signage as referenced in Part 2 of the foregoing Resolution #C-331-10 be revised to include events of a “specific religious nature” as an eligible event. “CARRIED” The foregoing Resolution #C-331-10 was then put to a vote and CARRIED AS AMENDED. Resolution #C-333-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the meeting continue until 12:00 midnight. “CARRIED” Resolution #C-334-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 11:00 p.m. Resolution #C-335-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-091-10 be received; THAT the Amendment to the Municipality of Clarington Sign By-law 2009-123 as per Attachment 2 to Report PSD-091-10 be approved; Council Meeting Minutes - 37 - July 12, 2010 THAT the request to waive the Application Fee of $1,000, plus applicable taxes required under the Schedule for Fees By-law 96-032 as amended by By-law 2010-070 for an Amendment to the Municipality of Clarington Sign By-law 2009-123, be denied; THAT all interested parties listed in Report PSD-091-10 and any delegations be advised of Council’s decision. “CARRIED” Resolution #C-335-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Durham Central Agricultural Society be provided with a $1,000 grant, plus applicable taxes, from the Community Services Department to offset the cost of the Application Fee for an Amendment to the Municipality of Clarington Sign By-law 2009-123. “CARRIED” Resolution #C-336-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-026-10 be received for information; and THAT any interested parties listed in Report EGD-026-10 be notified of Council’s decision. “CARRIED” Resolution #C-337-10 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Province of Ontario has enacted the Green Energy Act which exempts proposed wind farms from the requirements of the Planning Act, and has provided an expedited approvals process for such facilities under the Environmental Protection Act; and WHEREAS such expedited approvals process has excluded members of the public and Ontario municipalities from providing input into the decision making process as it relates to public concerns and good planning principles; and WHEREAS the provincial approval process does not require the proponent of a wind farm to undertake studies to demonstrate that the proposed facility will not have any adverse effects on health or property values, or safety; and Council Meeting Minutes - 38 - July 12, 2010 WHEREAS studies undertaken to date on the health effects of wind turbines have been inconclusive; however, no studies have been undertaken to specifically address the safety and economic effects of wind farms in the Ontario context; and WHEREAS there is no scientific basis for the setbacks for wind farms set out in Ontario Regulation 359/09; and WHEREAS the Municipality of Clarington has to date been identified by two wind farm proponents for 10 megawatt and 20 megawatt installations and is concerned that the provincial approvals process will not adequately address residents’ concerns with respect to the health, safety and property value effects of these facilities; and WHEREAS other Ontario municipalities have also passed resolutions expressing concern with respect to the adverse effects of wind turbines; and WHEREAS it is the responsibility of the Provincial government to ensure that the approvals process for proposed wind farms is sufficiently rigorous to ensure that the health, safety and economic interests of residents is not adversely affected by these facilities; and WHEREAS Ian Hanna has filed an application for judicial review of Ontario Regulation 359/09 seeking a declaration that certain portions of it are invalid and an injunction restraining the Province from granting approvals under Parts IV and V of the Regulation with respect to wind facilities; and WHEREAS the Municipality of Clarington may be adversely affected by a judgment in the application filed by Ian Hanna; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the Municipal Solicitor to seek leave to intervene in the application for judicial review filed by Ian Hanna; with a maximum expenditure limit of $40,000. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Council Meeting Minutes - 39 - July 12, 2010 Resolution #C-338-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-025-10 be received; THAT the engineering design, construction inspection services and construction of Green Road, from Stevens Road to 635 m northerly, be authorized and facilitated through the subdivision agreement with West Diamond Properties Inc., in conjunction with Brookhill West, Phase 1 subdivision works to the satisfaction of the Director of Engineering Services and our Municipal Solicitor; THAT Purchasing By-law 2006-127 Section 15.07 be waived for the construction works associated with the reconstruction of Green Road; THAT the Municipality’s share ($825,000), of the Green Road construction works be funded from the reallocation of the following accounts: i. $690,000 for the reconstruction of Rudell Road in Newcastle, previously approved as part of the 2007 Capital Budget, identified by Account No. 110-32-330-83320-7401; ii. $60,172.62 for Green Road surface asphalt previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32- 330-83298-7401; iii. $17,500.00 representing the unexpended amount of the surface asphalt for Beech Avenue previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83272-7401; iv. $16,000.00 representing the unexpended amount of the surface asphalt for Church Street (Newcastle) previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330- 83290-7401; and v. $41,327.38 representing the balance required be funded from the Municipal Capital Works Reserve Fund. THAT the 2010 Green Road surface asphalt capital project 110-32-330-83298- 7401 be cancelled and that the Municipality schedule the Green Road completion works including surface asphalt, sidewalk and streetscaping in the Municipality’s 2011 Capital Budget Forecast; and Council Meeting Minutes - 40 - July 12, 2010 THAT the 2007 Rudell Road capital project 110-32-330-83320-7401 be cancelled and that the Municipality schedule the Rudell Road reconstruction project in the Municipality’s Capital Budget and Forecast at such time that the Municipality has entered into a subdivision agreement with the developer of the Foster Creek North Subdivision (18T89059) and all necessary securities are in place. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-339-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT representatives from the Ontario Ministry of the Environment and Health be invited to present to Council details regarding wind turbines in the Province in general and Clarington in particular at a regular Council meeting this fall. Such subjects as health to humans/animals, noise and property value impact must be addressed by these representatives. “CARRIED” UNFINISHED BUSINESS Resolution #C-340-10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD-086-10 be lifted from the table; THAT Addendum to Report PSD-086-10 be received; THAT Report PSD-086-10 be received; THAT Amendment No. 76 to the Clarington Official Plan as submitted by Far Sight Investments Ltd. to delete the Public Elementary School Symbol; to increase the housing targets for Vincent Massey Neighbourhood in Table 9-2; and to increase the corresponding population allocation for Vincent Massey Neighbourhood on Map H2 as contained in Attachment 3 of Report PSD-086-10 be adopted and the By-law contained in Attachment 4 of Report PSD-086-10 be passed; THAT the application for the proposed Draft Plan of Subdivision, submitted by Far Sight Investments Limited to permit the development of 541 residential units be approved, subject to the conditions contained in Attachment 5 of Report PSD-086-10, as amended in accordance with the Addendum to Report PSD-086-10; Council Meeting Minutes - 41 - July 12, 2010 THAT the Zoning By-law Amendment application submitted by Far Sight Investments Limited to implement the proposed Draft Plan of Subdivision be approved as contained in Attachment 6 of Report PSD-086-10; THAT the Fence By-law Amendment to permit razor wire on a fence at 340 King Street East in Bowmanville, be approved as contained in Attachment 7 of Report PSD-086-10; THAT the By-law authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-002 and the Municipality of Clarington be approved as contained in Attachment 8 of Report PSD-086-10; THAT the Mayor and Clerk be authorized to enter into an easement agreement with Bowmanville Zoological Park for lands that will be dedicated to the Municipality as part of the conditions of draft approval of Subdivision S-C-2005- 002 for the maintenance of fencing that will be installed on the lands by the Far Sight Investments Limited; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-086-10 and the Addendum to Report PSD-086-10 and Council’s decision; and THAT all interested parties listed in Report PSD-086-10 and any delegations be advised of Council's decision. “CARRIED” Resolution #C-341-10 Moved by Councillor Woo, seconded by Councillor Foster THAT during Council’s summer recess, staff be directed to request updates from the Region of Durham with respect to the status of the Covanta contract and to request updates from the Ministry of the Environment as to when the decision on the Environmental Assessment is expected; and THAT the Municipal Clerk be directed to post the complete Environmental Assessment Decision and Conditions on the Municipality’s website and to provide such information by e-mail and by hard-copy, if requested, to all interested parties. “CARRIED” Council Meeting Minutes - 42 - July 12, 2010 BY-LAWS Resolution #C-342-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-085 to 2010-107; 2010-085 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Barr’s Development Limited) 2010-086 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Hannu Halminen) 2010-087 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (F & I Gateway Investments Inc.) 2010-088 Being a by-law to adopt Amendment No. 70 to the Clarington Official Plan 2010-089 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Martin Road Holdings Limited) 2010-090 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2010-091 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2010-092 Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the Municipality of Port Hope 2010-093 Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Kawartha Lakes 2010-094 Being a by-law to amend By-law 2005-205 being a by-law to licence, regulate and govern taxi and limousine businesses in the Municipality of Clarington 2010-095 Being a by-law to Repeal By-law 2010-040, a by-law to submit a question to the electors at the next regular Municipal Election to approve Council resolution re Direct Election of Regional Chair Council Meeting Minutes - 43 - July 12, 2010 2010-096 Being a by-law to amend By-law 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries 2010-097 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ashland Paving Limited, Concord, Ontario, to enter into an agreement for Surface Asphalt, Various Locations 2010-098 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario, to enter into an agreement for Pavement Rehabilitation, Various Locations 2010-099 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Forest Ridge Landscaping Inc., Newmarket, Ontario, to enter into an agreement for the Squire Fletcher Parkette Development 2010-100 Being a by-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by the Corporation of the Municipality of Clarington, and to repeal By-law No. 2006-127 2010-101 Being a by-law to authorize the execution by the Mayor and Clerk of an agreement between the Corporation of the Municipality of Clarington and the Durham Central Agricultural Society for the use of designated lands 2010-102 Being a by-law to amend Sign By-law 2009-123, as amended, of the Municipality of Clarington 2010-103 Being a By-law to adopt Amendment No. 76 to the Clarington Official Plan 2010-104 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Far Sight Investments Inc.) 2010-105 Being a by-law to amend By-law 2000-105 being a by-law to prescribe the height and description of lawful fences in the Municipality of Clarington 2010-106 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005-002 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-002 Council Meeting Minutes - 44 - July 12, 2010 2010-107 Being a by-law to exempt a certain portion of Registered Plan 40M-2278 from Part Lot Control; and, THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Resolution #C-343-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Presentation of Doug Lindeblom, Director, Economic Development, Region of Durham, Jacquie Hoornweg, Director, Nuclear Public Affairs, OPG, and Denise Carpenter, President and CEO of the Canadian Nuclear Association, be received with thanks; and THAT the Presentation of Glenda Gies, President, Port Darlington Community Association and Co-Chair, St. Marys Cement Community Relations Committee (CRC), Mike Smith, Quarry Manager, and Ruben Plaza, Environmental Manager, St. Marys Cement, be received with thanks. “CARRIED” Resolution #C-344-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the rules of procedure be suspended to allow for the introduction of a motion with respect to a review of compensation for non-affiliated positions. “CARRIED” Resolution #C-345-10 Moved by Councillor Novak, seconded by Councillor Trim THAT the Chief Administrative Officer and Director of Corporate Services/Human Resources be authorized to engage a consultant to undertake a comprehensive market review of compensation and related responsibility for the Non-affiliated positions using like sized lower tier municipalities; Council Meeting Minutes - 45 - July 12, 2010 THAT the report, including the findings and recommendations of the consultant, be reported to Council as soon as possible with a target date in September 2010; THAT the cost of the compensation review, estimated at approximately between $20,000 to $30,000 (exclusive of HST) be drawn from the professional fees and contingencies budget accounts and their respective reserve accounts; and THAT the provisions of the Purchasing By-law be waived to effect the foregoing recommendations. "CARRIED" Councillor Robinson forwarded a petition he received requesting consideration of a skateboard park in the Village of Newcastle to the Director of Engineering Services. Councillor Hooper thanked staff for their efforts in working with the owners of 122 King Street East with respect to the building demolition. Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-346-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-108, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 12~' day of July, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-347-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 11:42 p.m. "CARRIED"