Loading...
HomeMy WebLinkAbout03/07/2011 Council Meeting Minutes MARCH 7, 2011 Minutes of a regular meeting of Council held on March 7, 2011 at 7:00 p.m., in the Council Chambers. Councillor Traill led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella, attended until 9:18 p.m. Director of Community Services, J. Caruana, attended until 9:18 p.m. Director of Planning Services, D. Crome, attended until 9:55 p.m. Director of Operations, F. Horvath, attended until 9:18 p.m. Manager of Special Projects, F. Langmaid, attended until 8:06 p.m. Director of Finance/Treasurer, N. Taylor, attended until 9:55 p.m. Director of Corporate Services and Human Resources, M. Marano Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 9:18 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Item #9 of Report #2. ANNOUNCEMENTS Councillor Novak announced the following: ? She attended the Official Grand Opening Public Auction of vehicles and equipment at Manheims on March 5, 2011. Council Meeting Minutes - 2 - March 7, 2011 ? She attended the Durham Region’s Waste Fair on Saturday morning held at the Courtice Community Complex. Councillor Neal announced the following: ? He addressed the Courtice Rotary Club at their meeting on Friday, March 4, 2011. ? He also attended the Durham Waste Fair on Saturday. He noted members of DurhamClear, a citizen’s environmental lobby group were also outside the Complex. ? On Saturday, March 5, 2011, he attended the Mardi Gras Celebration at Newcastle Town Hall. ? On Sunday, March 6, 2011, he attended a Ladies Tea hosted by Bev Oda at th Trinity United Church in recognition of the 100 Anniversary of International Women’s Day. Councillor Hooper announced the following: ? This past week he represented the Municipality along with Councillor Partner at the ground breaking ceremony for the new Canadian Tire store, east of the Wal-Mart. Councillor Hooper noted the new store will be one of the largest in Durham Region and that it is anticipated the store will open in the fall of 2011. ? On a personal note, Councillor Hooper congratulated his mother on celebrating th her 85 birthday on the weekend. Councillor Partner announced the following: ? Last Monday, she, along with Mayor Foster and Councillors Woo and Hooper attended the Newcastle/Bondhead Ratepayers’ Association meeting. ? Last Saturday she attended the ribbon-cutting ceremony for the new Shoppers Drug Mart in Newcastle. th ? She advised International Women’s Day is celebrated annually on March 8 with thousands of events held throughout the world to inspire women and celebrate their many achievements . ? She extended birthday greetings to Wally Boughen, the Unofficial Mayor of th Newtonville, as he celebrates his 80birthday this Sunday with a celebration at the Newtonville Church. Councillor Woo advised of the success of the Lions Club Bavarian Night on March 4, 2011, a great fundraiser for the Bowmanville Lions Club. Council Meeting Minutes - 3 - March 7, 2011 Resolution #C-102-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held February 14, 2011, be approved. “CARRIED” PRESENTATIONS Steven Rowe, Environmental Planner conducted a PowerPoint presentation on “The Role of the Host Community Agreement in the EA for the Proposed Clarington EFW Plant”. Mr. Rowe indicated that he was retained by the Municipality to assist in relation to a resolution passed on February 14, 2011 to review relevant documentation and to provide responses to questions regarding the role of the Host Community Agreement (HCA), “willing host” status, reconsideration of the decision and possible expansion of the facility. Mr. Rowe indicated that in conducting the assignment, he undertook a review of the Environmental Assessment Act (the Act) and guidance and reviewed steps in the Environmental Assessment (EA) process and how the Host Community Agreement (HCA) might have played into it. Mr. Rowe confirmed that he undertook a Planner’s review of the subject, not a legal review and that he is not an air quality specialist. Mr. Rowe stated the Act lists matters to be considered in making a decision, as well as provides for “such other matters as the Minister considers relevant” and therefore, the HCA is not excluded from consideration. The Act also allows the Minister to revisit a decision if there is a change in circumstances or new information and if he considers it appropriate to do so, noting it is a two-step process and either step can be delegated to the Tribunal. In reviewing the EA Codes of Practice, Mr. Rowe looked at clauses that might refer to agreements such as Host Community Agreements but only found references stating that mitigation measures including any agreements should be included in the Environmental Assessment. Mr. Rowe discussed the evolution of the Host Community Agreement. He noted the EA process started with a Terms of Reference and that the proponent must comply with the Terms of Reference as approved by the Minister. Mr. Rowe indicated that in March 2006, there was no reference to the HCA in the Terms of Reference nor was it a factor in the site selection of the Clarington 01 site. He stated the HCA was endorsed by Clarington on May 11, 2009 and executed on February 10, 2010. There were references to the HCA mitigation measures in terms of land, infrastructure, architectural and air quality in the initial and final EA documents and that while the Code of Practice has an expectation that they be included, that did not happen. Mr. Rowe stated the final EA document reduces the plant capacity to 140,000 tonnes per year but the HCA was not revised to reflect this. He noted that there is a disconnect as the HCA still refers to the 400,000 tonnes per year as the size being applied to under the Act but the approval is for 140,000 tonnes. Mr. Rowe stated that he was one of the peer reviewers of the EA and that the comments made and agreed to by staff were forwarded to the proponent Council Meeting Minutes - 4 - March 7, 2011 and to the Ministry of the Environment without being adopted by Council and that the comment tables in the EA show no comments from Clarington and that responses to public comments indicate Clarington concerns have been addressed. Mr. Rowe stated following the preparation of the EA, there is a formal process where a Ministerial review is coordinated by the Ministry of the Environment and a report is produced. The report confirms that the proposed facility will process up to 140,000 tonnes of waste annually. There is no reference to the HCA in the body of the review and it was not brought firmly to the Minister’s attention. Mr. Rowe stated the Municipality had an opportunity to comment on the Ministry review but it was his understanding that they did not. He reviewed the Notice of Approval and reasons of the Decision. He stated the reasons do not make any reference to the HCA as having been a factor in reaching the decision even though there is a lot of overlap. Mr. Rowe stated generally EA protection requirements are more stringent in the decision than in the HCA and there is no reference in the Notice of Approval of Clarington’s position as a willing host nor its commitment not to object to the facility. Mr. Rowe provided a comparison of the decision-making on Environmental Assessments prior and post- 1998. He noted that during the late 1980s and 1990s it was common for EAs for large-scale and contentious projects to be referred to the EA Board or a Joint Board for hearings but that the Government has moved away from hearings on EAs and decisions are now made by the Minister. He stated there have been no hearings on individual EAs since 1998 and he is not aware of any situations where a reconsideration was made. Mr. Rowe indicated that there has been a shift in favour of Energy-From-Waste from the 1980s when they were not even considered partly due to the streamlining of the EA process aspects of EFW approvals. Mr. Rowe summarized by stating in terms of the technical aspects of the EA, the role of the HCA appears to have been very limited. The site was selected prior to the HCA so land transfers were not a factor. Mr. Rowe stated the reviewer and possibly the Minister may have been aware that Clarington was a “willing host” but there is no reference to it in the EA, the Ministry Review or the Reasons for Decision. Generally the “willing host” status would be considered a positive in an EA process, especially when compared with strong opposition. Mr. Rowe suggested that while it is not mentioned, the issue of delay in terms of pressure of what to do with the waste if new capacity does not come on stream could have been a consideration in the decision. He stated that only the Minister can confirm how much weight was given to different aspects of the Ministry Review and other considerations in reaching a Decision; however, the matters discussed suggest that the Minister may well have approved the EA in the absence of a HCA. Mr. Rowe advised that the Act provides for a request for the Minister to reconsider the Decision; however there is no formal procedure to follow and he is not aware of any instances where this provision has been invoked. He also stated that there is no provision in the Act that requires work on a project to be suspended while reconsideration is being reviewed. Mr. Rowe also confirmed that for an expansion to the facility beyond 140,000 tonnes, the proponent would likely choose the option of proceeding through the Environmental Screening process rather than an individual EA and that this process would not come before the Minister for a decision unless there is a request that the process be “bumped up” to require an individual EA. Council Meeting Minutes - 5 - March 7, 2011 He stated Section 1.2 of the HCA makes provision for a New Host Community Agreement only if the capacity is expanded beyond 400,000 tonnes. At the time of the signing of the Agreement, it was understood that the Agreement related to a facility that would ultimately have a maximum capacity of 400,000 tonnes; however, the approved capacity of the facility approved under the EA is 140,000 tonnes and the agreement has not been amended to reflect this. Mr. Rowe stated Clarington would be constrained from opposing an expansion within the 400,000 tonne range because of the “no opposition” clause and a request by the Municipality would likely be interpreted to be opposition to the project. DELEGATIONS Kaylin Morissette and Julie Cryderman addressed Council concerning Correspondence Item D – 10 - Request for Financial Assistance - U19 World Championship - Women's Field Lacrosse. Julie and Kaylin advised that they would be representing Canada and Clarington in Germany this August during the U19 World Championship - Women's Field Lacrosse competition. They indicated that this competition happens only once every four years and both of them have been selected from well over 100 girls vying for a spot on Team Canada. Both girls are members of the Lady Blue Knights and also play and coach lacrosse for their schools. They indicated that although this is a national program, there is no funding available to them and the financial responsibility rests with each participant to raise $6,000 to cover individual costs. Kaylin Morissette and Julie Cryderman requested Council to consider sponsoring them in the amount of $1,000 each and in return, they would promote the Municipality of Clarington by wearing a patch on their uniforms. Resolution #C-103-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT Kaylin Morissette and Julie Cryderman be provided with $1,000 each to assist with funding required for their participation at the U19 World Championship - Women's Field Lacrosse Event in Hanover, Germany in August, 2011. “TABLED” (See Following Motion) Resolution #C-104-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the foregoing Resolution #C-103-11 be tabled to the General Purpose and Administration Committee meeting of March 21, 2011. “CARRIED” Council Meeting Minutes - 6 - March 7, 2011 Mark Foley addressed Council concerning Item 3 of Report #2 – Report PSD-016-11 - Two (2) Proposed Draft Plans of Subdivision and Two (2) Zoning By-Law Amendment Applications to Permit a Mixed Residential Development (Kingsberry Properties (1317870 Ontario Limited) & William Tonno Construction Limited) indicating that he has reviewed the amendment and is in support of Report PSD-016-11 and the recommendation approved by the General Purpose and Administration Committee. COMMUNICATIONS Resolution #C-105-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 6, I - 7, I - 9, I - 10, I - 11, I - 12 and I - 14. “CARRIED” I - 1 Minutes of the Newcastle Community Hall Board dated January 18, 2011 I - 2 Minutes of the Newcastle Memorial Arena Management Board dated January 11, 2011 I - 3 Minutes of the Central Lake Ontario Conservation Authority dated February 15, 2011 I - 4 Minutes of the Clarington Heritage Committee dated February 15, 2011 I - 5 Kaitlyn Black, Communications & Community Development Coordinator, Big Brothers & Sisters of Clarington, advising that the Big Brothers & Sisters of Clarington’s Annual Food & Wine Festival will be held at the Newcastle Community Hall on Saturday, June 11, 2011, from 12:00 noon until 5:00 p.m. and indicating that the event has been organized to raise funds for children’s programs and to promote food and wine matching, that the event will be held partly indoors in the Community Hall and partly outdoors in the adjacent gardens and that pop-up tents will be used to provide shelter. I - 8 V. Lovekin, BIA Interim President, Newcastle Downtown Business Improvement Association, advising that on February 10, 2011, Board members were informed of the Municipality’s plan to have a designated parking space at the southeast corner of King Avenue and Mill Street for drivers with accessibility requirements in response to parking and safety in the business area; and, indicating that Board members in attendance at the meeting unanimously supported the initiative. Council Meeting Minutes - 7 - March 7, 2011 I - 13 Gail Empey, Clerk, Township of Cavan Monaghan, writing to Mary Medeiros, Acting City Clerk, City of Oshawa, advising that on February 22, 2011, the Township of Cavan Monaghan adopted the following resolution pertaining to the 407 East Extension: “Be it Resolved that the Council for the Township of Cavan Monaghan is opposed to any decision to terminate Highway 407 East anywhere in Oshawa or Clarington and does hereby request that the Province of Ontario commit to constructing the 407 East extension to Highway 35/115 in one phase; and Further that a copy of this resolution be sent to the City of Oshawa, Municipality of Clarington, Premier Dalton McGuinty, Minister of Energy and Infrastructure, Minister of Environment, Minister of Transportation, Minister of Municipal Affairs and Housing, Tim Hudak, Leader of the Opposition, Andrea Horwath, Leader of the NDP, Barry Devolin MP and Rick Johnson MPP.” I - 6 Mayor John Henry, City of Oshawa, writing to the Honourable Kathleen Wynne, Minister of Transportation, in response to the Minister’s letter of February 2, 2011 in which she states that the Ministry is developing options for further discussion regarding the Highway 407 East Extension; indicating that neither he nor his political colleagues have been consulted regarding options and questioning when the community will have input into the options; suggesting that expediting construction of the Highway 407 East Extension from Pickering to Highway 35/115 is crucial to fulfilling the Open Ontario Plan as it will address congestion, quality of life, safety and environmental concerns, further economic development, tourism and job creation for all of southern Ontario and facilitate transportation of goods through the Greater Golden Horseshoe and the Quebec/Windsor corridor and referencing the Highway 407 East Extension Environmental Assessment which outlined similar conclusions; advising that the City of Oshawa is extremely disappointed that the parameters for completion of the highway were changed in June 2010 with no communication or input from Durham Region, its municipalities or the Cities of Peterborough and Kawartha Lakes; and, assuming that the process of “developing options” will be one of transparency and accountability; and, advising that he looks forward to meeting with the Minister to provide input into options for developing Highway 407 East through to Highway 35/115. Council Meeting Minutes - 8 - March 7, 2011 Resolution #C-106-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I – 6 from Mayor John Henry, City of Oshawa, with respect to Phasing of the Highway 407 East Expansion, be endorsed. “CARRIED” I - 7 Barb Houghton forwarding a copy of the City of Oshawa’s RAMP it up! on- line petition to the Legislative Assembly of Ontario opposing the decision to terminate Highway 407 East in Oshawa or Clarington and petitioning the Province to proceed with the Highway 407 East Extension project as planned and promised, in one continuous phase, from Brock Road in Pickering through to Highway 35/115, with a completion date of 2013; indicating that the City of Oshawa and government partners will be presenting the Highway 407 East Extension petition at Queen’s Park in March 2011; and, encouraging the support of the “Let’s RAMP it up!” campaign by signing the online petition and forwarding a hard-copy of the petition postcard to the City of Oshawa by March 1, 2011. Resolution #C-107-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item I - 7 from Barb Houghton, with respect to the City of Oshawa’s RAMP it up! Campaign, be referred to staff for investigation of working in conjunction with the City of Oshawa or implement action of a similar program to communicate Clarington’s message. “CARRIED” I - 9 Rob Messervey, Chief Administrative Officer, Kawartha Conservation, advising that on January 19, 2011, Kawartha Region Conservation Authority supported a resolution adopted by the Greater Toronto Countryside Mayors Alliance in recognition of the potential impacts of major commercial filling activity within the watershed, reading as follows: “In recognition of the emerging commercial fill activity in the GTA, the GTCMA: ? Supports the Township of Scugog’s position that both the provincial and federal governments be strongly encouraged to play an active role in commercial fill activity through their regulation and enforcement; and Council Meeting Minutes - 9 - March 7, 2011 ? Requests that the federal and provincial levels of government provide legislative and regulatory clarity on the issue of how municipal by-laws apply to activities that are federally and provincially regulated.” Resolution #C-108-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I – 9 from Rob Messervey, Chief Administrative Officer, Kawartha Conservation, with respect to Commercial Fill Activity, be endorsed. “CARRIED” I - 10 Gail Rickard, Chairperson, Clarington Public Library Board, forwarding a copy of a news release from the Federation of Ontario Public Libraries (FOPL) proposing that the provincial government significantly increase its annual operating grants to Ontario public libraries from $18.7 million to $43.9 million over two years to enhance services and programs that support provincial priorities such as economic development, employment, early literacy and integration of new Canadians; forwarding a copy of Clarington Public Library Administration Report A3-2011 regarding the Provincial Funding Model; indicating that at the January 2011 Library Board meeting, direction was provided to the CEO to write a letter to the Ministry of Tourism in support of the proposed new funding model which attempts to reinstate the approximate 40% cut in funding which occurred in the late 1990s and to adjust the grant to reflect increases in population and inflation rates; and, advising that the adjustment for Clarington Public Library would increase from $77,681 to $217,896. Resolution #C-109-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 10 from Gail Rickard, Chairperson, Clarington Public Library Board, with respect to the Provincial Funding Model, be endorsed; and THAT a copy of the correspondence be forwarded to John O’Toole, MPP, Durham. “CARRIED” I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on January 31, 2011, the City of Oshawa adopted the following resolution pertaining to the City of Oshawa Comments – Transit Project Assessment Process Environmental Assessment and Preliminary Design Study: Oshawa to Bowmanville GO Train Service Expansion: Council Meeting Minutes - 10 - March 7, 2011 “1. That Oshawa City Council urge the Province of Ontario and Metrolinx to expedite the Oshawa to Bowmanville GO Train Service Expansion and Maintenance Facility in the Regional Municipality of Durham, including the completion of the ongoing Transit Project Assessment Process, detailed design, and construction, with all necessary funding earmarked at an early stage in GO Transit’s Ten Year Capital Plan; and 2. That the comments contained in Report DS-11-40 dated January 12, 2011, including Attachment 7, be endorsed as the City’s comments with respect to GO Transit’s Transit Project Assessment Process Environmental Assessment and Preliminary Design Study for the Oshawa to Bowmanville GO Train service expansion; and 3. That staff be authorized to forward Report DS-11-40 dated January 12, 2011 and any related resolution by the Development Services Committee to GO Transit for its consideration and to provide a subsequent follow-up once Council has considered this matter; and 4. That staff be authorized to provide comments on the forthcoming Environmental Project Report and any associated technical studies directly to GO Transit and the Ministry of the Environment for the remainder of the Transit Project Assessment Process and subsequently include any comments in the correspondence section of the Development Services Committee agenda; and 5. That CP Rail be requested to assess the impacts of operations along the CP Belleville Subdivision corridor in proximity to established residential areas, to ensure that impacts arising from CP Rail operations are appropriately mitigated in conjunction with impacts resulting from the proposed GO Train service expansion through Oshawa; and 6. That the Region of Durham be requested to amend the approved Regional Cycling Plan to incorporate additional Regional cycling routes on Regional roads, namely, an extension of the approved Thornton Road route southerly from Gibb Street to the proposed new Thornton’s Corners GO Station, a new route along Consumers Drive between Thickson Road and Thornton Road South and an extension of the approved Gibb Street route easterly from Simcoe Street South to Central Park Boulevard along the proposed Gibb Street/Olive Avenue connection, to serve the proposed new central Oshawa GO Station; and Council Meeting Minutes - 11 - March 7, 2011 7. That City of Oshawa staff liaise with Metrolinx and the Region of Durham regarding the preparation of a Mobility Hub Master Plan focused on the central Oshawa station, in accordance with the provisions of the Regional Transportation Plan – “The Big Move” - and bring forward a proposal for this work at the appropriate time; and 8. That staff be directed to consult with the Development Services Committee on a public process intended to keep residents aware of any future plan changes by GO Transit; and 9. That copies of this resolution and report be forwarded to the Honourable Dalton McGuinty, Premier of the Province of Ontario, the Honourable Kathleen Wynne, Minister of Transportation, Durham MPPs, and area municipalities in Durham.” Resolution #C-110-11 Moved by Councillor Traill, seconded by Councillor Woo THAT Correspondence Item I – 11 from Mary Medeiros, Acting City Clerk, City of Oshawa, with respect to the City of Oshawa Comments – Transit Project Assessment Process Environmental Assessment and Preliminary Design Study: Oshawa to Bowmanville GO Train Service Expansion, be received for information. “CARRIED” I - 12 Joint Review Panel, Darlington New Nuclear Power Plant Project, a proposal by Ontario Power Generation (OPG) for the site preparation, construction, operation, decommissioning and abandonment of up to four new nuclear reactors at the Darlington Nuclear site, announcing the schedule for the public hearing commencing March 21, 2011 and concluding April 8, 2011, to be held at the Hope Fellowship Church in Courtice; indicating the hearing will provide an opportunity for the proponent to explain the project and respond to questions, and for individuals, organizations, Aboriginal groups and government departments to provide their views on the implications of the proposed project; advising OPG will make an overview presentation on the first day of the hearing and make several short presentations on specific topics as outlined in the schedule, Government participants and interveners will make oral presentations to the Panel on the second or subsequent days of the hearing, registered participants will have ten minutes to make oral statements at various sessions throughout the hearing, time permitting, members of the public who have not already done so may have the opportunity to register at the hearing to make an oral statement, and written submissions from interveners that are not making oral presentations will be addressed as the schedule allows; and, indicating that the hearing schedule will be available on line and telephone lines will Council Meeting Minutes - 12 - March 7, 2011 be available to listen live to the hearing proceedings. For further information regarding the review process or participation at the hearing, please contact Debra Myles, Panel Co-Manager at 1-866-582-1884 or darlington.review@ceaa-acee.gc.ca or Kelly McGee, Panel Co-Manager at 613-947-3710 or JRP-OPG-Darlington@cnsc-ccsn.gc.ca. Resolution #C-111-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I – 12 from the Joint Review Panel, Darlington New Nuclear Power Plant Project, with respect to the Joint Review Panel Public Hearing Schedule, be received for information. “CARRIED” I - 14 Tom Kontra, A/Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services, congratulating Council and staff on the Municipality’s completion of all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act (EMCPA) for 2010. Resolution #C-112-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item I-14 from Tom Kontra, A/Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services regarding the Municipality’s completion of all of the mandatory emergency management activities required under the Emergency Management and Civil Protection Act for 2010 be received for information; and THAT staff of the Emergency Services Department be thanked for their work in this regard. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D - 16 was received as a Hand-Out. Council Meeting Minutes - 13 - March 7, 2011 Resolution #C-113-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 9, and Hand-out Correspondence Item D - 16, be approved as per the agenda. “CARRIED” D - 1 Brent Van Luven, President, Bowmanville and District Navy League, requesting permission to change tag days for April 22, 23 and 24, 2011 previously approved by Council on December 20, 2010, to April 15, 16 and 17, 2011, due to the Easter long weekend. (Tag days for April 15, 16, and 17, 2011 approved and previous approval rescinded) D - 2 Ev and Lorne Heard expressing concern with the lack of available and affordable smaller residential homes for seniors who are downsizing in Clarington and providing suggestions for smaller homes to be built or second storeys to be added to commercial properties to allow seniors to remain in the community. (Correspondence referred to the Director of Planning Services) D - 3 Tracylynn Hu, Area Administrator, Heart & Stroke Foundation – Durham Region, requesting approval to hold their annual Heart and Stroke Big Bike Event on June 13, 2011; attaching a map of the route which will begin and end at Kelsey’s Restaurant; and, indicating that they have requested a Road Occupancy Permit from the Region of Durham, they will also have police escorts for the ride and will forward proof of insurance and a road occupancy permit application following Council’s approval. (Approved provided the organizer’s apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 David Staples, requesting permission to hold the School Parade on September 9, 2011 and the Fair Parade on September 10, 2011 in association with the Orono Agricultural Fair; forwarding the map routes and times; and, indicating that proof of $5 million insurance coverage will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 14 - March 7, 2011 D - 5 Garth Gilpin, Secretary Treasurer and General Manager, Historic Downtown Bowmanville Business Centre requesting the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, Division Street from the Municipal Parking lot entrance to the Royal Bank parking lot and the 20 King Street East parking lot for the following 2011 events: Maple Festival and Friday, May 6, at 8:00 p.m. All That Jazz (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 7, at 7:30 p.m. Summerfest As above on Saturday, June 25 from 5:00 a.m. until 7:00 p.m. The parking lot to be closed from Thursday, June 23 until Saturday, June 25. August Moonlight Madness Friday, August 12, from 5:00 p.m. until August 13 at 12:30 a.m., as above. Apple Festival and Craft Sale Friday, October 14 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 9:00 p.m. until Saturday, October 15 at 8:00 p.m. Christmas Moonlight Magic Friday, December 2 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 5:30 p.m. until 11:30 p.m.; and, requesting permission to close the 20 King Street East parking rd lot from 7:00 a.m. until 3:00 p.m. on April 23 to facilitate the Easter Egg Hunt and Lion’s Club Easter Brunch. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Council Meeting Minutes - 15 - March 7, 2011 D - 6 Sheila Hall, President, Rotary Club of Courtice, requesting financial th assistance as provided in 2010 for the 7 Annual Canada Day Fireworks Celebration to be held on July 1, 2011, at the Garnet B. Rickard Recreation Complex Park beginning at 5:00 p.m. and ending at approximately 10:30 p.m., and requesting the closure of Stevens Road between Highway 57 and Clarington Boulevard from 5:00 p.m. to 10:30 p.m. to ensure the safety of attendees, volunteers and participants. The event will feature live entertainment, children’s activities, outstanding fireworks, as well as a military display providing an opportunity for attendees to show their respect to those representing Canada abroad and to those lost. Auxiliary police will be present to ensure the safety for all involved and insurance in the amount of $2 million will be secured. (Request referred to the Corporate Services Department and approval granted for the road closure provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 7 Wayne Routly, Rotary Club of Bowmanville, advising of the 4th Annual Rotary Ribfest to be held on the playing fields of the Garnet B. Rickard Recreation Complex from June 10 to 12, 2011, and requesting permission to have a banner placed on the hydro poles, west of the railway during the week of May 16, 2011 and removed during the week of June 13, 2011, in support of Rotary Ribfest. (Installation of banner approved and Veridian to be advised) D - 8 Robert Kreasul, writing to Council regarding the Bowmanville Creek dredging project, questioning whether the $27,000 included in the 2010 budget for repairing the docks at the boat launch will be included in the 2011 budget as the work has not been done; suggesting that if the pay per day kiosk had been operational, revenues generated could have been applied to dredging, indicating that the neighbour’s dispute with the marina has to do with the east wall of the south basin, nowhere near the public access channel and that the project is for dredging only the public access channel, not private property; advising that he will confirm the $40,000 quote for dredging he received last year, noting dredging windows are March, August and November; and, indicating that he hopes to get Council’s agreement prior to the March dredging window. (Advised of decision with respect to Report FND-003-11) Council Meeting Minutes - 16 - March 7, 2011 D - 9 John Bennett, Executive Director, Sierra Club of Canada, advising of the inaugural “Canada Water Week”, a week-long celebration to raise the profile of water and its importance to Canadian prosperity commencing on March 14 and culminating on March 22, 2011 with the celebration of World Water Day; and, requesting the Municipality to support this inaugural initiative by participating in events to raise the profile of water to Canadians. (Proclaimed) D - 16 Donald G. Duthie, CD, Major (Ret), Sponsoring Committee Chairman, 172 Clarington Squadron Royal Canadian Air Cadets, requesting permission to hold tag days on Thursday, May 5 to Sunday, May 8, 2011, in and around Clarington to raise funds to finance cadet activities. (Tag days approved on Thursday, May 5 to Sunday, May 8, 2011) D - 10 Kaylin Morissette and Julie Cryderman, local athletes advising they will be representing Canada at the upcoming U19 World Championship – Women’s Field Lacrosse in Hanover, Germany in August 2011; advising that there is no National funding available for the team and that each member is required to fundraise and secure sponsorship on their own; and, requesting if Council would be willing to provide financial support. Resolution #C-114-11 Moved by Councillor Partner, seconded by Councillor Neal THAT the request from Kaylin Morissette and Julie Cryderman with respect to financial assistance for the U19 World Championship – Women’s Field Lacrosse, be tabled until the General Purpose and Administration Committee meeting of March 21, 2011. “CARRIED” D - 11 Linda Rumble, Volunteer, Trillium Gift of Life Network, Volunteer, Durham Region Organ and Tissue Donation Awareness Group and member of a multiple organ and tissue donor family, requesting that the Municipal Administrative Centre be lit green (the international colour for organ and tissue donation awareness) in support of National Organ and Tissue Donor Awareness Week, April 17 to 24, 2011, and providing background information on her involvement with organ and tissue donation awareness since 1994, including the passage of Federal Law proclaiming the last week in April each year as “National Organ and Tissue Donor Awareness Council Meeting Minutes - 17 - March 7, 2011 Week”, having the CN Tower and Niagara Falls lit green, her intention to write to each provincial government to request that they light their legislatures in green and advising of her hope to have a symbolic green ribbon stretch from coast to coast in support of organ and tissue donation awareness and recognition for all deceased and living organ and tissue donors in Canada. Resolution #C-115-11 Moved by Councillor Novak, seconded by Councillor Woo THAT the request from Linda Rumble to have the Municipal Administrative Building be lit green in support of National Organ and Tissue Donor Awareness Week, April 17 to 24, 2011, be referred to staff. “CARRIED” D - 12 Ron Beer, President, Young Songwriters’, an organization promoting cultural unity in songwriting and performing for residents aged 14 years old and up, forwarding a proposal to register a Regional Songwriters Circle with Young Songwriters’ for Clarington; and requesting the use of a municipal facility free of charge for participants to meet monthly. The proposal also includes hosting Regional House Concerts for the participants to perform in their communities, marketing of song circle and events and participation in surveys to provide information and identify strengths and weaknesses in songwriting to allow Young Songwriters’ to assist in the advancement of the craft of songwriting, and requesting the opportunity to meet to discuss their Youth Initiative. Resolution #C-116-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT the request from Ron Beer, President, Young Songwriters’, with respect to a youth initiative, be referred to the Firehouse Youth Services and to the Director of Community Services for consideration. “CARRIED” Council Meeting Minutes - 18 - March 7, 2011 D - 13 Mayor Steve Pellegrini, Township of King, requesting Council to consider th contributing to the Oak Ridges Moraine Land Trust’s 10 Anniversary $1 Million Stewardship Campaign; indicating that the Oak Ridges Moraine Land Trust, a citizen-based, charitable non-profit organization working on behalf of the citizens in each of the moraine’s municipalities, negotiates and encourages securement and stewardship efforts at a fraction of what simple purchase fee would be, advising the Trust often incurs expenses of $20,000 to $50,000 per property for survey, appraisal, legal and other fees, even in pursuit of ‘donated’ properties; indicating that the campaign will help the Oak Ridges Moraine Land Trust to support direct stewardship activity on lands that the Trust owns, to encourage further investment from other sources, and to allow the Trust to undertake a focused communication and outreach program to aid in conservation and protection; and, indicating that the Township of King has contributed $3,000 to the early stages of the campaign to allow the work to continue. Resolution #C-117-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the request from Mayor Steve Pellegrini, Township of King, with respect to a th contribution to the Oak Ridges Moraine Land Trust’s 10 Anniversary $1 Million Stewardship Campaign, be received for information. “CARRIED” D - 14 Gord Lee forwarding a petition containing 104 names requesting Council to reconsider the location of the new Newcastle Fire Hall on Rudell Road and to have the Fire Hall built on the original property planned for this structure – 3355 Highway #2, to address traffic safety of residents and decrease in property values. The author has indicated that more petitions will be collected and delivered to the municipality. D - 15 Marion Saunders, President, Newcastle/Bond Head Ratepayers’ Association, indicating that the members of the Newcastle/Bond Head Ratepayers’ Association are in support of the petitions Mr. Gord Lee has collected focusing on the many safety issues associated with locating Fire Station 2 on Rudell Road; and, advising that although they acknowledge that a review of the issue could cause considerable delay and increase costs, the membership has adopted the following resolution: “THAT the Newcastle/Bond Head Ratepayers’ Association request Council to review their decision to locate Fire Station 2 on Rudell Road”. Council Meeting Minutes - 19 - March 7, 2011 Resolution #C-118-11 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item D - 14 from Gord Lee and Correspondence Item D - 15 from Marion Saunders, President, Newcastle/Bond Head Ratepayers’ Association, requesting Council to reconsider the location of the new Newcastle Fire Hall on Rudell Road, be referred to Item # 1 of Unfinished Business. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 25, 2011. Resolution #C-119-11 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of February 25, 2011 be approved. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Partner v Councillor Traill v Councillor Woo v Councillor Hooper v Councillor Neal v Councillor Novak v Mayor Foster v Resolution #C-120-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the General Purpose and Administration Committee Report of February 28, 2011 be approved, with the exception of Items #9 and #10. “CARRIED” Council Meeting Minutes - 20 - March 7, 2011 Councillor Neal declared a pecuniary interest with respect to Item #9 as he had previously legally represented a delegate from the General Purpose and Administration Committee meeting on this matter. Councillor Neal left the Council Chambers during discussions and voting on this matter. Item #9 Resolution #C-121-11 Moved by Councillor Novak, seconded by Councillor Woo Part 1 THAT Report PSD-023-11 be received; THAT FIT Fund Solar Corporation be advised that Clarington does not support their current proposal for a Class 3 Solar Project in the Soper Creek valleylands and that they be encouraged to meet with staff to consider alternate locations in Clarington for a solar energy project or projects; THAT the Central Lake Ontario Conservation Authority, FIT Fund Solar Corporation and all interested parties listed in Report PSD-023-11 and any delegations be advised of Council’s decision; and Part 2 WHEREAS the Municipality of Clarington supports the responsible expansion of renewable energy as a means of placing Ontario on a more sustainable path for the future; WHEREAS municipalities in the Greater Golden Horseshoe are subject to the Growth Plan which encourages the efficient use of land and infrastructure and greater densities; WHEREAS unlike Class 1 and Class 2 solar installations, Class 3 ground- mounted solar installations greater than 12 kW may require a significant land area and would be contrary to the policies of The Provincial Growth Plan for the efficient use of serviced land and the mandated density of development; WHEREAS urban valleylands are key ecological features that need protection from development and should be the focus of restoration efforts to enhance the ecological attributes and value to the community as outdoor amenity areas, particularly as communities are intensified; Council Meeting Minutes - 21 - March 7, 2011 WHEREAS Regulation 359/09, as amended, provides for consideration of a renewable energy project within natural heritage features, including within a significant valleyland or within 120 m of a significant valleyland if supported by mitigation measures in an environmental impact study prepared by the proponent; WHEREAS consideration of Class 3 solar facilities in urban valleylands will provide an incentive for developers to retain valleyland areas and could limit their dedication to municipalities as Open Space lands in the future; NOW THEREFORE BE IT RESOLVED THAT the Minister of Energy, the Minister of Natural Resources, the Renewable Energy Facilitation Office, FIT Fund Solar Corporation, and CLOCA be advised that the Municipality of Clarington does not support the consideration of Class 3 solar facilities in urban valleyland areas; and THAT this resolution be forwarded to all other municipalities in the Greater Golden Horseshoe and M.P.P. John O’Toole. “CARRIED” Councillor Neal returned to the meeting. Item #10 Resolution #C-122-11 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS the Province of Ontario and the Government of Canada have gathered research and prepared reports on fine particulate matter and its serious harm to human health, but have not as of yet passed air regulations that focus on fine particulate matter, evaluate ambient conditions together with new emissions, assess the human and public health impacts of such emissions or limit cumulative concentrations; AND WHEREAS fine particulate matter PM2.5 is typically regulated by Provincial and Federal governments, and within their mandated responsibilities; AND WHEREAS the Province of Ontario in November of 2010 acknowledged that there is a policy gap that needs to be examined with respect to domestic sources of primary PM2.5; AND WHEREAS the review the Ontario Ministry of Environment is proceeding with will examine the effectiveness of the current provincial policy framework in addressing PM2.5; other aspects such as cumulative effects are also under review. The results of these reviews will take a minimum of fifteen (15 months); Council Meeting Minutes - 22 - March 7, 2011 AND WHEREAS s.11(2) of the Municipal Act, 2001, as amended (“the Act”), permits municipalities to pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS s.128 of the Act permits municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are, or could become, or cause public nuisances; AND WHEREAS for Clarington to proceed with the drafting and implementation of an Air Quality By-law under the Municipal Act, Council should be aware of: ? The costs to retain a consultant to help develop guidance documents for general assessment and air modeling prior to drafting a by-law, ? The costs to determine a baseline, sources of emissions of health risk air pollutants and an atmospheric dispersion model of the airshed, ? Future budget implications including additional enforcement staffing, peer reviewers, air quality modellers, potential education and outreach programs to support by-law implementation and data management, ? The potential implications on existing industries in Clarington and the potential impact on economic development and the attraction of prospective industries/employers; and ? The potential duplication between a specific By-law and the Provincial Review that is underway NOW THERFORE BE IT RESOLVED THAT Staff be authorized to prepare a report outlining the above noted items for presentation to the March 21, 2011 General Purpose and Administration Committee meeting. “CARRIED AS AMENDED LATER IN THE MEETING” (See Following Motion) Resolution #C-123-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C-122-11 be amended to add the following bullet to Paragraph 7: ? “An estimate of generated revenue if the Municipality were to engage in the trading of carbon credits” “CARRIED” Resolution #C-122-11 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 23 - March 7, 2011 STAFF REPORT(S) Report PSD-024-11 – Durham/York Residual Waste Project Analysis of Host Community Agreement Role in the EA Approval for the EFW Project Resolution #C-124-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report PSD-024-11 be received; and THAT all interested parties listed in Report PSD-024-11 and any delegations be advised of Council’s decision. “CARRIED LATER IN THE MEETING” (See Following Motion) Resolution #C-125-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C-124-11 be tabled to the General Purpose and Administration Committee meeting of March 21, 2011. “MOTION LOST” Resolution #C-124-11 was then put to a vote and CARRIED. Staff Report #4 - Confidential Verbal Report of the Chief Administrative Officer regarding a Personnel Matter was withdrawn from the Agenda. Confidential Verbal Report of the Municipal Solicitor regarding Host Community Agreement Confidential Verbal Report of the Chief Administrative Officer regarding Fire Fighters Association, Local 3139 Negotiations Resolution #C-126-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Staff Report #2 - Confidential Verbal Report of the Municipal Solicitor regarding Host Community Agreement and Staff Report #3 - Confidential Verbal Report of the Chief Administrative Officer regarding Fire Fighters’ Association, Local 3139 Negotiations, be referred to a closed session of Council to be considered at the end of the Agenda. “CARRIED” Council Meeting Minutes - 24 - March 7, 2011 Resolution #C-127-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Staff Report #4 - Confidential Verbal Report of the Chief Administrative Officer regarding a Personnel Matter be reintroduced to the Agenda and considered during the closed session. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-128-11 Moved by Councillor Neal, seconded by Councillor Traill “WHEREAS s. 11(2) of the Municipal Act, 2001, as amended (“the Act”), permits municipalities to pass by-laws respecting the health, safety and well-being of persons; WHEREAS s. 128 of the Act permits municipalities to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; WHEREAS the Province of Ontario and the Government of Canada have gathered research and prepared reports on fine particulate matter and its serious harm to human health, but have not passed air regulations that focus on fine particulate matter, evaluate together ambient conditions and new emissions, assess the human and public health impacts of such conditions, or limit cumulative concentrations; and WHEREAS the Corporation of the Municipality of Clarington considers it appropriate and in the public interest to prevent or reduce adverse effects to its residents and public health due to fine particulate matter in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT: 1. Staff be authorized to retain consultants and experts to help develop guidance documents for general assessment and air modeling; and 2. Staff be directed to, in consultation with the general public, draft a by-law with respect to the regulation of fine particulate matter.” “TABLED” (See Following Motion) Council Meeting Minutes - 25 - March 7, 2011 Resolution #C-129-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-128-11 be tabled to the Council meeting of March 28, 2011. “CARRIED” UNFINISHED BUSINESS Resolution #C-130-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report ESD-003-11 be lifted from the table. “CARRIED” Resolution #C-131-11 Moved by Councillor Traill, seconded by Councillor Neal THAT Report ESD-003-11 be referred back to staff to prepare a report on the cost/benefit analysis of constructing the fire station at 3355 Highway No. 2 versus 1780 Rudell Road. “MOTION LOST” Resolution #C-132-11 Moved by Councillor Woo, seconded by Councillor Partner WHEREAS residents of the Village of Newcastle have gathered petitions to reconsider the location of the new Newcastle Fire Hall on Rudell Rd. citing traffic safety of the residents and decrease in property values; WHEREAS the Newcastle/Bond Head Ratepayers’ Association support the petition and the membership has requested Council to review their decision to locate Fire Station 2 on Rudell Road; THEREFORE Report ESD-003-11 be referred back to staff for preparation of a report addressing the following matters: 1. The cost implications of constructing the fire station at 3355 Highway No. 2 versus 1780 Rudell Road; Council Meeting Minutes - 26 - March 7, 2011 2. A traffic study on Rudell Road to determine the viability of locating a fire station at the 1780 Rudell Road site; and 3. Possible construction timelines for both locations. THAT this Report be prepared for the G. P. & A. Meeting of September 12, 2011. “CARRIED” BY-LAWS By-laws 2011-026 and 2011-027 were received as Hand-Outs. Resolution #C-133-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2011-018 to 2011-027 2011-018 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Kingsberry Properties) 2011-019 Being a by-law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Subdivision 18T-90003, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of 18T-90003 2011-020 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (William Tonno Construction Ltd.) 2011-021 Being a by-law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Subdivision 18T-89055, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of 18T-89055 2011-022 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Halminen Homes) 2011-023 Being a by-law to exempt a certain portion of Registered Plan 40M- 2364 from Part Lot Control 2011-024 Being a by-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington (1557366 Ontario Inc.) Council Meeting Minutes - 27 - March 7, 2011 2011-025 Being a by-law to amend By-law 2007-070 being a by-law for prescribing standards for the maintenance of all property within the Municipality of Clarington 2011-026 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Sandra Hunt-Mimra) (120, 124, 128, 132 and 136 Aspen Springs Drive) 2011-027 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Eric Chase) (47 Liberty Street South); and THAT the said by-laws be approved. “CARRIED” NOTICE OF MOTION Councillor Traill and Councillor Neal gave notice that they will be introducing the following motion at the next Council meeting: WHEREAS the Municipal Act, 2001 and other statutes identify general and specific roles, responsibilities, actions and behaviours as a Member of Council for the Corporation of the Municipality of Clarington; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved an Employee Code of Ethics policy governing the conduct of Municipality of Clarington employees; WHEREAS the Council of the Corporation of the Municipality of Clarington has determined the need to identify guidelines on the conduct of individual Members of Council in carrying out their official duties that augment the roles, responsibilities, action and behaviors determined by various statutes; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved under By-law 2009-163 a rudimentary Code of Conduct for members of council; AND WHEREAS the Council of the Corporation of the Municipality of Clarington finds it appropriate to develop a more comprehensive, simply-worded instrument to communicate general standards of conduct to Members of Council and the general public. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That By-law 2009-163 be rescinded; and Council Meeting Minutes - 28 - March 7, 2011 2. That the CAO by directed to draft a replacement Code of Conduct for Clarington Council Members modeled closely on the Corporation of the Town of Ajax’s By-law Number 89-2004 establishing a Council Member Code of Conduct. OTHER BUSINESS Councillor Traill advised that she has received a letter from the Durham Region Labour Council regarding a Day of Mourning and that she will be approaching leaders for organizing a Day of Mourning in Clarington. Councillor Hooper requested that Clarington’s Regional Council representatives extend appreciation to everyone involved in hosting the Durham Waste Fair on Saturday and to stress the importance of communicating the strength of the Region’s waste management initiatives. Resolution #C-134-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 9:17 p.m. Resolution #C-135-11 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose, to consider a matter regarding labour relations or employee negotiations and to consider a personal matter about an identifiable individual, including municipal or local board employees. “CARRIED” The meeting resumed in open session at 10:35 p.m. The Mayor advised that three items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Council Meeting Minutes - 29 - March 7, 2011 UNFINISHED BUSINESS (cont’d) Resolution #C-136-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT the presentation of Zas Architects Inc. of February 7, 2011 be received, and THAT the architectural design for the Newcastle Fire Hall Station #2, as presented by th Zas Architects Inc. on February 7 to the General Purpose and Administration Committee, be approved. “CARRIED” Staff Report #4 Councillor Novak questioned the Chief Administrative Officer as to the amount spent dealing with the confidential personnel matter and where the funds would be found. The Chief Administrative Officer indicated that the cost of approximately $7,000 will be taken from the Human Resources Division and an attempt will be made to save this amount in other areas. Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. CONFIRMING BY-LAW Resolution #C-137-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-028, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 7 day of March, 2011; and THAT the said by-law be approved. “CARRIED” Council Meeting Minutes - 30 - March 7, 2011 ADJOURNMENT Resolution #C-138-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 10:45 p.m. "CARRIED" MA CIP CLERK