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HomeMy WebLinkAbout04/16/2007 Council Meeting Minutes APRIL 16, 2007 Minutes of a regular meeting of Council held on April 16, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming, attended until 8:40 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-189-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on April 2,2007, and the minutes of a special meeting of Council held on April 5,2007, be approved. "CARRIED" Council Meeting Minutes - 2 - April 16, 2007 PRESENTATIONS Roger Anderson, Chair, Regional Municipality of Durham provided Council with his annual update on Regional activities, highlighting the following 2006 achievements: . Regional Transit . "One Fare Anywhere" in Durham . More frequent service along key corridors . Seamless operation of specialized services . New Townline route connecting Courtice south and northeast Oshawa . Negotiation of the first contract amalgamating four previous agreements . 11.8% growth in ridership . Road rehabilitation projects in Clarington included 3.8 km of Regional Road 3 and 3.2 km of Regional Road 42 at a cost of $775,000 . Courtice Water Pollution Control Plant - should be operational this fall . Significant Progress in Waste Management . Green Bin Initiative recognized by Ontario Public Works Association as "Project of the Year for Environment" . Partnership with York Region on Energy-from-Waste Facility - Considering short list of sites with objective of selecting preferred site this Fall . Water and Waste Water Plants - Durham Region recognized by the Ontario Municipal Benchmarking Initiative for superior energy management practices . Focus on Conservation - $190,000 Study Grant to the Region from FCM's Green Municipal Fund . Rebuilding of long term care facilities - Lakeview Manor and Hillsdale Terraces . Purchase of Site in Clarington for new paramedic station - Construction to be complete by early 2008 . Durham Regional Police Services (DRPS) . Town Hall meetings held in all Durham Municipalities . Analysis of Officer Deployment across the Region . Strategic Planning to Guide DRPS Service Delivery . Expansion of efforts to market Durham Region internationally . Excellent and mutually-supportive working relationships with UOIT, Durham College, General Motors and area Municipal Economic Development Offices to help identify and capture emerging opportunities . Preparation of Secondary Plan for the Energy Business Park . Provincial Funding of $400,000 for Durham Strategic Energy Alliance . New Tourism Strategy - Launched new brand in February - "Durham, Good Natured, Good Times" . Knowledgeable Host Program, development of overnight stay packages, and new Internet tools to reach potential visitors Council Meeting Minutes - 3 - April 16, 2007 . Development of Downtown Oshawa and Downtown Pickering as Urban Growth Centres in response to established Greater Golden Horseshoe Growth Plan . Ministry of Environmental funding for Joint Study of Western Lake Ontario and Lake Simcoe Drinking Water Sources Chair Anderson advised of the following needs and concerns: . New provincial investment will be needed in transit, infrastructure and human services such as hospitals, community care, libraries and recreation to support projected population increases . The use of municipal property taxes to subsidize provincial programs must end . The Province must deliver on announced projects such as the Court House, the 407 East, the 404 extension and the widening of Highways 7 and 401 through Durham to address the missing pieces of the framework necessary for managing Durham's anticipated growth . There is a need to attract higher-order jobs to the Region and for more affordable housing and affordable child care programs . There is concern with the unknown scope and future costs of source protection plans required in compliance with the Clean Water Act . Provincial investment in Durham's infrastructure will be vital to support the expansion of the Darlington Nuclear Plant Chair Anderson summarized by stating how impressed he is by the achievements made by municipal governments with very little power or discretionary spending. He feels however, that much more could be done with funding and revenues to match municipal responsibilities and growth in Durham communities. Chair Anderson feels it is imperative to get Durham's needs on the campaign agenda during the upcoming Provincial and Federal elections. Resolution #C-190-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the rules of procedure be suspended to allow David Payne, MacViro Consultants Inc. to address Council concerning Energy-from-Waste. "CARRIED" Council Meeting Minutes - 4 - April 16, 2007 David Payne, MacViro Consultants Inc. addressed Council providing an update on the public information sessions held to date respecting the proposed York/Durham Energy-from-Waste Facility. Mr. Payne stated the two sessions held in Clarington were very well attended with approximately 200 residents generating many excellent questions. Mr. Payne stated the issue of most concern was with respect to the effect of air emissions on public health and the natural environment. He stated that currently there is a study being done on human health and ecological risk assessment on a generic basis and that once the preferred site is chosen that work will be turned into a site specific assessment. Mr. Payne advised the information session to be held on Saturday, April 21, 2007, has been moved to the Faith United Church in Courtice commencing at 10:00 a.m. In response to questions, David Payne stated no technology has been ruled out and provided information on the site selection and procurement process. Mr. Payne noted that there will be further opportunity for public input as the project advances and stated information to date is posted on their website at www.durhamvorkwaste.ca. DELEGATIONS Gary Thertell, Chair, Orono Business Improvement Area, addressed Council concernin~ the 175th Anniversary of the Village of Orono. Mr. Thertell recognized fellow 175 h Anniversary Co-Ordinating Committee members in attendance and introduced Paul Jones to make the presentation on behalf of the Committee. Paul Jones highlighted Orono's rich history and significance to the area and outlined activities for the three-day celebration planned for July, including a homecoming supper, parade, picnic, fireworks and a CF18 flyover and parachute jump. Mr. Jones stated their plan is dependent on financing and they were respectfully requesting financial assistance in the amount of $5,000. Mr. Jones extended a formal invitation to Members of Council and to the public to attend the celebrations and invited Councillor Robinson to attend the steering Committee meetings whenever possible. Resolution #C-191-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of procedure be suspended to allow for consideration of the request from Orono's 175th Anniversary Co-Ordinating Committee at this time. "CARRIED" Council Meeting Minutes - 5 - April 16, 2007 Resolution #C-192-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT in accordance with the Community Grant Program, the Coordinating Committee for the 175th Anniversary of Orono Village Celebration receive a one-time grant of $5,000; AND FURTHER THAT the Municipality of Clarington offer free public swimming at the Orono Park Pool on Saturday, June 30,2007. "CARRIED" Doug Otterbein addressed Council concerning Item 2 of Report #1 - Zoning By-law Amendment submitted by the Municipality of Clarington to permit the development of a hamlet residential lot in Enniskillen. Mr. Otterbein advised his property is immediately south of the subject property and he is opposed to this development as his property is very low and will experience drainage problems if the subject property is developed. Mr. Otterbein advised the northern half of his property did not dry out following last spring's rainfall and he feels development of the land will further aggravate the drainage issue on his property. Mary McCaw addressed Council on behalf of Margot Turner concerning Correspondence Item D-3, the Courtice Skatepark Site. Ms. McCaw stated several owners of the Nantucket Condominium Complex and the owners of 2832 Courtice Road are concerned with the skateboard park site and the effect it will have on their properties. Ms. McCaw indicated residents of Nantucket already experience vandalism, garbage, noise, foul language and intimidation from young people and many residents are elderly and are not comfortable confronting these individuals. Ms. McCaw expressed concern that area residents were not notified in writing of the skateboard park proposal and took issue with the fact that approximately % million dollars will be spent on a recreation facility that will benefit a narrow portion of the population. She noted the area residents will not be able to enjoy their properties because of the noise and felt the property owners should not have to pay for a problem they did not create. Ms. McCaw requested Council to rescind their decision concerning the skateboard park, failing which requested they review a more appropriate location. Resolution #C-193-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the delegation of Phillip Fraser Harness be referred to the end of the agenda to be considered during the "closed" session of Council. "CARRIED" Council Meeting Minutes - 6 - April 16, 2007 COMMUNICATIONS Resolution #C-194-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved. I - 1 A01. CL 1-2 A01. CE 1-3 A01.NE 1-4 A01.TY 1-5 A01. CL 1-6 A01. GE 1-7 M02. GE "CARRIED" Minutes of the Clarington Highway 407 Community Advisory Committee dated April 4,2007. Minutes of the Central Lake Ontario Conservation Authority dated March 20,2007. Minutes of the Newcastle Memorial Arena Management Board dated March 13, 2007. Minutes of the Tyrone Community Centre Executive Board dated April 11 , 2007. Minutes of the Clarington Museums and Archives Board dated March 7, 2007. Lynn Mcintyre, Director, Stewardship, Wildlife Habitat Canada, providing an update on the Ontario Wetland Habitat Fund advising that effective March 31, 2007, the implementation phase of the Wetland Habitat Fund will end and that support for wetland conservation, restoration and enhancement in Ontario will be maintained through participation in the Eastern Habitat Joint Venture of the North American Waterfowl Management Plan. All conservation agreements will remain in force for their full term and the Wildlife Habitat Canada Fund will continue to honour their financial commitments to landowners for outstanding projects. Mike Colle, Minister, Ontario Ministry of Citizenship and Immigration inviting nominations for the Newcomer Champion Awards, a new program established to recognize outstanding individuals who contribute to the understanding and sharing of Ontario's cultural diversity and provide welcoming communities for the benefit of newcomers. The deadline for nominations is April 20,2007. Council Meeting Minutes 1-8 F.11.GE 1-9 C10.GE - 7 - April 16, 2007 Allan Hewitt, Library Board Chair, Clarington Public Library, expressing appreciation for Council's support of the library's 2007 Capital and Operating Budget requests and looking forward to working with the Municipality in constructing another outstanding library for the community. Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on March 26,2007, the Town of Ajax passed the following resolution pertaining to Municipal Planning Initiatives from Bill 51: The Planninq and Conservation Land Statute Law Amendment Act. 2006: "1.That the report entitled Municipal Planning Initiatives from Bill 51: The Planninq and Conservation Land Statute Law Amendment Act. 2006, dated March 22,2007 be received; 2. That staff be authorized to prepare a By-law for the consideration of Council requiring pre-consultation with the Town before applicants submit applications, plans and drawings for all official plan amendments, zoning by-law amendments, draft plans of subdivision/condominium and site plans and that such By-law be forwarded to Council for its consideration at a future meeting; 3. That staff be authorized to prepare a By-law for the consideration of Council delegating to staff the authority to make decisions on whether submitted planning applications are complete under the authority of Section 23.1 of the Municipal Act; 4. That through the ongoing Town of Ajax Official Plan Review, that staff be authorized to consult with the public and local stakeholders and, where applicable, to draft policies for the consideration of Council regarding the following: i) criteria related to the implementation of zoning with conditions; ii) policies and design requirements for exterior building design; iii) a list of potential additional studies or materials as may be needed to assess development applications; iv) the opportunity to implement a Development Permitting System in Ajax either on an area specific basis or throughout the entire Town; Council Meeting Minutes - 8 - April 16, 2007 5. That a copy of this report be forwarded to the Region of Durham and Durham area municipalities for information." CORRESPONDENCE FOR DIRECTION Resolution #C-195-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 12 to D - 15, inclusive. D - 1 M02. GE D-2 R05.GE D-3 R05.GE "CARRIED" Steve Shanks and Murray Walton, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs on Sunday, June 3,2007 from 9:00 a.m. starting and ending at Holy Trinity Catholic School, 2260 Courtice Road; attaching a map of the proposed 4.5 km route; and advising the Lions Club will provide an insurance certificate for $2 million liability coverage. The walk is anticipated to take 1 hour and the route offers sidewalk access for the 40 walkers and 10 volunteers. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Paul W. Nicholson, Barrister and Solicitor forwarding comments on behalf of Bill and Theda Nicholson, in opposition to the planned Courtice Skatepark site expressing concern with the financial costs, noise and potential liability issues. (Correspondence referred to the Director of Engineering Services) Margot Turner, forwarding comments in opposition to the planned Courtice Skatepark site expressing concern that area residents were not notified of the proposed location for the park, concern with the significant cost of construction and the adverse effect the park will have on the neighbourhood; and requesting Council to consider the alternate site at the Courtice South Arena as a more appropriate location. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes D-4 R05.GE D-5 R05.GE D-6 M02. GE D-7 M02. GE D-8 M02. GE - 9 - April 16, 2007 Janine Wallace-Rivard, R.C.M., Property Manager, The Nantucket, Durham Condominium Corporation 146, forwarding comments on behalf of the Board of Directors of Durham Condominium Corporation 146, in opposition to the planned Courtice Skatepark site expressing concern with the lack of communication from the municipality; the significant cost of construction and the adverse effect the park will have on the neighbourhood; and requesting to receive further updates by mail, flyer or e-mail for distribution to their homeowners. (Correspondence referred to the Director of Engineering Services) Sharon and Norm Babbs expressing concern with the lack of notice provided to neighbouring residents regarding the proposed Courtice Skateboard Park; the proximity of the site to the residential neighbourhood; and the adverse impact the park will have on the area. (Correspondence referred to the Director of Engineering Services) Sandi King, FounderNolunteer Facilitator of the Durham Hepatitis C Support Group, requesting Council to proclaim May 1,2007, as "Hepatitis C Awareness Day" and the month of May 2007 as "Hepatitis C Awareness Month" in Clarington to enhance awareness, education, tolerance and understanding for those living with/affected by Hepatitis C and help to halt the spread of the disease. (Proclaimed) Orono BIA requesting permission to close Main Street in Orono between Centreview Street and Park Street on Saturday, September 22, 2007, from 9:00 a.m. until 4:00 p.m. for the annual "Chili Cook-Off'. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Newtonville Hall Board requesting permission to close Mill Street and Church Lane in Newtonville on Saturday, June 16, 2007, from 10:00 a.m. until 4:00 p.m. for the annual "Newtonville Day". (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes D-9 M02. GE D - 10 M02. GE D - 11 M02. GE D - 12 C10.GE - 10- April 16, 2007 Paul Siemon, Hands In Motion Massage Therapy & Sports Injury Clinic, requesting permission to stage the 2007 Terry Fox Run, on September 16, 2007, advising the 5 km and 10 km routes wi II not differ from 2006, and that the application for road occupancy will be submitted in the near future. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Jack Higgins, Sponsorship Committee Chairman, 172 Squadron Royal Canadian Air Cadets requesting Council approve May 24, 25 and 26,2007, for Air Cadet Tag Days to be held at various high potential traffic locations throughout the municipality. (Tag days for May 24,25 and 26, 2007 approved) Bob Waite, Senior Vice-President, Stakeholder Relations and Brand, Canada Post, advising of the 2007 Canada Post Community Literacy Award, a national award dedicated to recognizing literacy initiates and celebrating the achievements of adult learners, along with those who have helped them learn to read and write, and inviting nominations of a deserving individual from the community. The deadline for submission is May 25, 2007. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) Chris Somerville, Township Clerk, Township of King, advising Council that the Township of King, at a meeting held March 19, 2007, passed the following resolution: "Municipalities are required to operate and maintain a wide array of services including the provision of safe clean water and wastewater systems, effective transportation systems with well maintained roads, sustainable waste management systems, and the cultural and recreation infrastructure that are key elements in a healthy and competitive municipality; In rural communities with slower new growth particularly in the commercial and industrial sectors accounting for a small portion of the total assessment, residential taxpayers carry the weight of the total tax burden; Council Meeting Minutes - 11 - April 16, 2007 The Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) provided opportunities for municipalities to apply for funds to assist with infrastructure; the demand greatly exceeded the availability of funds, resulting in many municipalities receiving nothing for their efforts and resources spent in applying; The Province has allocated a permanent 2 cents a litre for municipal transit to municipalities operating public transit and community transit systems, however, there is no comparable funding in rural municipalities where roads and bridges are the transit systems and the residents pay the same Gas Tax as those in cities and towns; Provincial programs such as the "Farmland Tax Program" and the "Managed Forest Tax Incentive Program" which were designed to meet provincial economic and environmental policy objectives are now funded by the municipal property tax base - these formerly provincially-funded tax rebate programs were changed in 1997 to municipally-funded property tax discounts, that is, municipal tax expenditures; The Development Charqes Act which was enacted in 1997 imposed certain restrictions on municipalities which prevent growth from paying for itself and places the burden of growth on the tax payer; Municipalities must start reporting infrastructure spending on an accrual basis by 2009, and will incur significant training, staffing, consultant and software costs; smaller municipalities do not have the resources to cover these costs; Municipalities have been assigned the task of ensuring accessibility for all Ontarians through the Ontarians with Disabilities Act (ODA) and the Accessibility for Ontarians with Disabilities Act (AODA) and are supportive of the objectives of the legislation, but have concerns given the potential impact of the costs of implementation of standards which are as yet, unknown; It is resolved that the Council of the Corporation of the Township of King requests the following: 1. The provincial and federal governments are urged to augment their contributions to municipal infrastructure by developing a long-term support program for stable, reliable permanent funding to assist with infrastructure investment. Council Meeting Minutes - 12 - April 16, 2007 2. The provincial government is requested to increase the municipal share of provincial gas tax and expanding eligibility beyond transit. 3. While the Township is acutely aware of the importance of a sustainable agriculture industry and of environment conservation efforts, the provincial government is requested to review programs such as the "Farmland Tax Program" and the "Managed Forest Tax Incentive Program" to ensure that the programs are not funded out of the municipal property tax base. 4. The current provincial government committed to ensuring that developers "absorb their fair share of the costs of new growth", and is requested to begin the review of the Development Charqes Act. 1997 as soon as possible to ensure that municipalities do not continue to subsidize development and municipal property tax payers are not paying for growth. 5. The provincial government is requested to establish one time funding to assist smaller municipalities move to accounting infrastructure on an accrual basis and meaningful asset management. 6. The provincial government is requested to consider providing financial assistance to offset the costs of implementing the requirements of the AODA and the related standards. 7. The provincial government is requested to review the basis of apportionment of municipal/regional funding to ensure that lower tier municipalities are not inequitably requisitioned. 8. This Resolution be forwarded to the Premier of Ontario, the Federal and Provincial Ministers of Finance, Minister of Public Infrastructure Renewal, and to the MPs and MPPs for the Township of King, and to all the municipalities in Ontario." Resolution #C-196-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 12 from the Township of King be referred to the Director of FinancelTreasurer. "CARRIED" Council Meeting Minutes - 13 - April 16, 2007 D - 13 C10.GE P. M. Madill, Regional Clerk, Region of Durham advising Council that the Region of Durham, at a meeting held March 28,2007, passed the following resolution: "a) THAT Durham Region Council support the "Let's get a fair deal" campaign initiated by the Greater Toronto Airports Authority to achieve a rent deal that is fair in comparison to other airports and keeps Toronto competitive with other international airports in North America; and b) THAT the Federal Government be requested to reduce the rent charges applied to Toronto Pearson International Airport in an amount equivalent to the rent reduction approved for the Vancouver Airport; c THAT a copy of this resolution be forwarded to the Prime Minister of Canada; the Federal Minister of Transport, Infrastructure and Communities; the Greater Toronto Airports Authority; and the Area Municipalities." Resolution #C-197 -07 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Region of Durham concerning the "Let's Get a Fair Deal" Campaign be endorsed. "CARRIED" D - 14 T05.HI Janice Auger Szwarz, Planning Services Department Liaison, Clarington Highway 407 Community Advisory Committee, forwarding recommendations regarding weightings and rankings of Factor Groups and Criteria to be used in the evaluation of the short list of alternative routes for the Highway 407 extension and connecting highway links and requesting Council to forward the correspondence to the Highway 407 EA Project Team. Resolution #C-198-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the weightings and rankings of Factor Groups and Criteria to be used in evaluation of the short list of alternative routes for the Highway 407 extension and connecting highway links be endorsed; and Council Meeting Minutes - 14 - April 16, 2007 THAT the Highway 407 EA Project Team be so advised. "CARRIED" D - 15 T05.HI Janice Auger Szwarz, Planning Services Department Liaison, Clarington Highway 407 Community Advisory Committee, requesting Council to appoint Fred Biesenthal as the industry representative to the Clarington Highway 407 Community Advisory Committee. The correspondence indicated the Clarington Board of Trade has been unable to nominate an industry representative to sit on the Community Advisory Committee and have agreed to Mr. Biesenthal's appointment. Resolution #C-199-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT Fred Biesenthal be appointed as the industry representative to the Clarington Highway 407 Community Advisory Committee. "CARRIED" MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report April 10, 2007. Resolution #C-200-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of April 10, 2007 be approved, with the exception of Items #4 and #15. "CARRIED" Item #4 Resolution #C-201-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the Addendum to Report PSD-118-06 be received; Council Meeting Minutes - 15 - April 16, 2007 THAT Option 'A' as set out in 3.2 of Addendum to Report PSD-118-06 be approved; THAT a by-law be passed to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the Licence Agreement contained in Attachment 2 of Addendum to Report PSD-118-06 and rescind By-Law 2006-219 approved December 18, 2006; and THAT all interested parties listed in Addendum to Report PSD-118-06 and any delegations be advised of Council's decision. "CARRIED" Item #15 Resolution #C-202-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Item 15 of Report #1 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Report #2 - Report CLD-013-07 - Confidential Personal Matter Resolution #C-203-07 Moved by Councillor Novak, seconded by Councillor Woo THAT Report #2 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-204-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Roger Anderson, Regional Chair, Region of Durham be thanked for his presentation. "CARRIED" Council Meeting Minutes - 16 - April 16, 2007 Resolution #C-205-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the delegation of David Payne, MacViro Consultants Inc. be received for information. "CARRIED" OTHER BUSINESS Resolution #C-206-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting be "closed" to consider Item #15 of Report #1 and Report #2. "CARRIED" The meeting resumed in open session at 9:22 p.m. Resolution #C-207 -07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-208-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Council recess for five minutes. "CARRIED" The meeting reconvened at 9:28 p.m. Council Meeting Minutes - 17 - April 16, 2007 REPORTS Report #1 - General Purpose and Administration Committee Report April 10, 2007. Resolution #C-209-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the recommendation contained in Item 15 of Report #1 be approved. "CARRIED" OTHER BUSINESS Resolution #C-21 0-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the rules of order be suspended to allow for the introduction of items of new business at this time. "CARRIED" Resolution #C-211-07 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS the public attendance at the public information centres on the short-listed sites was evidence that residents of Clarington have a strong interest in the proposed technologies and the site selection process; NOW THEREFORE BE IT RESOLVED THAT staff be directed to examine comprehensively all the documentation prepared to date, the adequacy of the public consultation process and to report on alternatives available to the Municipality; THAT staff investigate the implications of a proposed waste-to-energy facility on the Energy Business Park including the ability to attract prestige uses including offices and research facilities; THAT the Regions of York and Durham commit to design a waste-to-energy facility that will not impact the health of present and future residents; THAT the Region of Durham provide the staff of the Municipality of Clarington a reasonable opportunity to review and comment to Clarington Council on Report 2007 -J-14; Council Meeting Minutes - 18 - April 16, 2007 THAT the Region of Durham agree to pay the reasonable expenses of the Municipality of Clarington incurred with respect to all necessary studies and legal advice required in order for the Municipality to determine its position on the proposals; and THAT a copy of this resolution be forwarded to the Regional Municipality of Durham, the Regional Municipality of York and the Joint Waste Management Group. "CARRIED" Resolution #C-212-07 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS recent amendments to the Municipal Act empower municipalities to pass by-laws to establish a Lobbyist Registry; and WHEREAS the Council is of the opinion that a Lobbyist Registry System would provide better transparency and accountability of all local government businesses: NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington directs the Chief Administrative Officer, through consultation with the Municipal Clerk and Solicitor, to develop a Lobbyist Registry System and review and revise the Municipality's current Code of Ethics and to report back to Council as soon as possible. "CARRIED" Councillor Hooper advised Council of the activities planned at the West Beach CLOCA site for Earth Day, commencing at 9:00 a.m. He also thanked Councillor Woo for taking part in the MS Walk this past weekend. Councillor Foster advised of an interfaith seminar being held April 17 at Faith United in Courtice. Councillor Trim encouraged everyone to take part in the Municipality's Pitch-In Event on April 28. Council Meeting Minutes - 19 - April 16, 2007 BY-LAWS Resolution #C-213-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-076 to 2007-80, inclusive, and that the said by-laws be now read a first and second time. "CARRIED" 2007 -076 Being a by-law to amend By-law 77-33, as amended, a by-law to appoint Members to the Board of Management for the Bowmanville Central Business Improvement Area, and to repeal By-law 2004-065 2007 -077 Being a by-law to authorize the entering into a Licence Agreement with Canadian National Railway Company, the owner Part of Lot 3, Broken Front Concession former Township of Darlington, now in the Municipality of Clarington, Region of Durham and to rescind By-law 2006-219 2007 -078 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems 2007 -079 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dave Boyle Excavating Limited, Bowmanville, Ontario, to enter into agreement for the Green Road and Baseline Road Reconstruction, Bowmanville, Ontario 2007 -080 Being a By-law to adopt Amendment No. 55 to the Clarington Official Plan [Dunbury Development (Green) Ltd.] Resolution #C-214-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-076 to 2007-080, inclusive, be approved. "CARRIED" Council Meeting Minutes - 20- April 16, 2007 CONFIRMING BY-LAW Resolution #C-215-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-081 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 16th day of April, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-216-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-081 be approved. "CARRIED" ADJOURNMENT Resolution #C-217-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 9:42 p.m. "CARRIED" c ----