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HomeMy WebLinkAbout05/14/2007 Council Meeting Minutes MAY 14, 2007 Minutes of a regular meeting of Council held on May 14, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Director of Corporate Services/Acting Chief Administrative Officer, M. Marano Manager of Transportation and Design, L. Benson, attended until 8:38 p.m. Director of Community Services, J. Caruana, attended until 8:38 p.m. Solicitor, D. Hefferon Manager of Operations, F. Horvath, attended until 8:38 p.m. Manager of Special Projects, F. Langmaid, attended until 8:38 p.m. Manager of Development Review, C. Pellarin Director of Finance/Treasurer, N. Taylor, attended until 8:38 p.m. Fire Chief, G. Weir, attended until 8:38 p.m. Administrative Assistant to the Clerk, C. Fleming, attended until 8:38 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated he would be stating a pecuniary interest with respect to Report #3. MINUTES Resolution #C-260-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 30, 2007, be approved. “CARRIED” Council Meeting Minutes - 2 - May 14, 2007 PRESENTATIONS John O’Toole, MPP, Durham, addressed Council to present his annual update from Queen’s Park. Mr. O’Toole congratulated new and returning Members of Council and pledged his support to work co-operatively to serve the taxpayers of Clarington. Mr. O’Toole advised there has been much debate in the legislature regarding social programs and the argument of uploading and downloading services. Mr. O’Toole acknowledged the revenue challenges facing municipalities resulting from the downloading of services and felt the best defense for Council is having accountability and transparency in local government. He commended Council for holding fewer closed meetings. Mr. O’Toole highlighted current legislation before the assembly and its effects on the local taxpayer, and commented on issues of local importance including the Highway 407 East expansion, GO Transit and Durham Region Transit, the Greenbelt legislation and the cost and accessibility of healthcare services. Mr. O’Toole recognized the municipality’s energy resources and partnerships and urged Council to fast-track the process to provide the opportunity for Clarington to become the Energy Capital of Canada. Wayne Robbins, Senior Vice President, Ontario Power Generation – Darlington, addressed Council to provide a report on the annual operations of Ontario Power Generation (OPG). Through use of a PowerPoint presentation, Mr. Robbins highlighted OPG’s 2006 performance and reviewed priorities for 2007. Mr. Robbins advised that OPG’s focus is on safe, reliable, cost-effective generation, operating in an open and environmentally responsive manner. Mr. Robbins stated that Darlington has a very large generating capability with excellent performance, noting three units at Darlington are in the top quartile in the world for nuclear generating facilities. Mr. Robbins reviewed improvements and execution of outage cycles, long-term station sustainability, and security upgrades including regulatory compliance and additional enhancements for 2007. He also provided an overview of the construction of new nuclear at Darlington, the feasibility study for refurbishing of Pickering B, and the Darlington Waste Management Facility. Mr. Robbins summarized by stating it is OPG’s intention to maintain the trust of the community through honest, open communications, being socially and environmentally responsible and by giving back to the community through community programming and the generosity of Darlington’s staff. Resolution# C-261-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the rules of procedure be suspended to allow Art Robinson to address Council concerning Report #4 – Confidential Report of the Solicitor. “CARRIED” Council Meeting Minutes - 3 - May 14, 2007 DELEGATIONS Mark Canning addressed Council concerning Correspondence Item D - 9 regarding the Tyrone Spirit Day to be held on June 9, 2007. Mr. Canning advised the Tyrone Spirit Day started out as a baseball game in 1981, and has been held annually since then to bring the community together. Mr. Canning outlined the day’s activities commencing with a parade, and including a midway, karate demonstration, food and other activities. Mr. Canning requested Council’s support in approving an interest-free loan to assist with the planning of the celebration. He invited members of Council to participate in the day’s events and to consider entering a float in the parade. Mr. Canning also thanked Members of Council for their support of the Community Centre. Mary Dunlop, Executive Director, and David Bourgeois, Treasurer, Board of Directors, Durham Youth Housing and Support Services (DYHSS), addressed Council concerning a Youth Shelter in Durham Region. Through use of a PowerPoint presentation, Ms. Dunlop provided background information on the establishment of Durham Youth Housing and Support Services, their objectives in raising awareness of youth homelessness in Durham Region, statistics on youth homelessness, the DYHSS governance structure, and their achievements to date. Ms. Dunlop advised Durham Youth Housing and Support Services are looking to develop a 10-bed emergency shelter for youth, ages 16-24 in the southern corridor of Durham Region in 2007. She noted it is not their intention to duplicate services being provided by other agencies but to work in partnership with others in the community to focus on the needs of youth at risk. Dave Bourgeois reviewed DYHSS’s operating budget advising the overall expense to operate the shelter is $340,000 for a one year period. He noted they have received a grant from the Trillium Foundation in the amount of $ 75,000 and were expecting to raise $134,000 from the community. In response to questions, Ms. Dunlop confirmed that youth under the age of 16 are the responsibility of the Children’s Aid Society and that although there are adult shelters where youth 16-24 years of age can stay, it is their intention that the younger age group will stay in the youth shelter. Nick Mensink, Sernas Associates was called but was not present. Resolution #C-262-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT the delegation of Brenda Lynn Gifford be referred to the end of the agenda to be considered during the “closed” session of Council. “CARRIED” Council Meeting Minutes - 4 - May 14, 2007 Resolution #C-263-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Art Robinson be referred to the end of the agenda to be considered during the “closed” session of Council. “CARRIED” COMMUNICATIONS Resolution #C-264-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 3, I - 9, and I - 11. “CARRIED” I - 1 Minutes of the Kawartha Conservation Authority dated A-01.KA March 14, 2007. I - 2 Minutes of the Clarington Animal Advisory Committee dated A01.CL March 21, 2007. I - 4 Minutes of the Newcastle Memorial Arena Management Board dated A01.NE April 10, 2007. I - 5 Minutes of the Ganaraska Region Conservation Authority dated A01.GA April 19, 2007. I - 6 Leesa Venning, Program Co-ordinator, Canadian Mental Health F-11.GE Association - Durham Branch, expressing appreciation to Council for providing the Association with a $1,000 grant in support of the ‘Making Connections Clarington Resource Centre’ program. Council Meeting Minutes - 5 - May 14, 2007 I - 7 Sandra Kranc, City Clerk, City of Oshawa, advising that the City of P17.GE Oshawa on April 10, 2007, passed the following resolution pertaining to the notice and advance payment for services of paid-duty officers: “THAT Council endorse Clarington Council’s resolution to Durham Regional Police Service (DRPS) requesting DRPS rescind their new policy requiring paid-duty officers receive a minimum of one week advance notice and payment in advance for their services, and advising this new policy may cause undue hardship for certain non profit organizations, and in certain circumstances such as emergency property standards orders.” I - 8 Debbie Leroux, Clerk, Township of Uxbridge, advising that the P17.GE Township of Uxbridge on April 16, 2007, passed the following resolution pertaining to the notice and advance payment for services of paid-duty officers: “THAT the Finance and Administration Committee support the Municipality of Clarington’s Resolution that the Durham Regional Police Services Board rescind their policy to require a minimum of one-week advance notice and payment in advance for the services of paid-duty officers.” I - 10 Kim Coates, Clerk, Township of Scugog, advising that the Township P17.GE of Scugog on April 23, 2007, received and endorsed Council’s resolution pertaining to the notice and advance payment for services of paid-duty officers. I - 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario A01.CE Conservation Authority, forwarding copies of the Authority’s “2006 Year In Review, Working in Partnership for Healthy Watersheds” publication, highlighting a number of CLOCA’s projects and achievements in 2006. I - 13 Harold Sellers, Executive Director, Oak Ridges Trail Association, F11.GE thanking Council for providing a $500 grant in support of the “Moraine for Life Adventure Relay and Scavenger Hunt”, which will assist in ensuring continued success of the Oak Ridges Trail Association and the Moraine for Life Adventure Relay. Council Meeting Minutes - 6 - May 14, 2007 I - 14 Richard Coglon, Project Manager, TransCanada, providing an E06.GE update on TransCanada’s Bowmanville Compressor Station addition project on Langmaid Road, advising that construction is scheduled to commence in late May/early June with a planned completion by early December, and advising that access roads in the area will experience additional construction-related traffic during this time and possible additional noise from the Station. The correspondence indicated that TransCanada will do its utmost to minimize any impacts to the neighbourhood and will adhere to all applicable federal, provincial and municipal regulations as required. I - 15 P. Madill, Regional Clerk, Regional Municipality of Durham, advising C10.GE that the Region of Durham on April 18, 2007, passed the following resolution pertaining to the long term strategic property tax plan for the Region of Durham. “a) THAT for 2007 Property Tax Purposes, the following property tax policy changes be approved in order to phase-in the objectives of the Region’s Long Term Strategic Property Tax Plan: i. The Large Industrial Tax Ratio be reduced to 2.2598 times the Residential Tax Ration (2.5112 in 2006), ii. The Multi-Residential Tax Ratio be reduced to1.86650 times the Residential Tax Ration (1.9188 in 2006); and iii The Farmland Tax Ratio be reduced to 0.2000 times the Residential Tax Ration (0.2167 in 2006). b) THAT the Region of Durham request that the Province match the Region’s tax ratio reductions by reducing the Education Taxation in proportion to the Region’s municipal tax ratio reduction for the following: i. Industrial property tax classes as proposed in Recommendation a)i., and ii. Farmland property tax class as proposed in Recommendation a)iii. Council Meeting Minutes - 7 - May 14, 2007 c) THAT for the 2007 Mandated Provincial Business Protection Program (Capping), the new options made available to municipalities by the Province in 2005 and implemented by Regional Council in 2005 and 2006, for the Multi-Residential, Commercial and Industrial property tax classes, as outlined below, be continued: i. The maximum percentage increase or cap in property taxation due to reassessment in any given year be maintained at 10% of the previous year’s taxes; ii. A minimum annual threshold increase of 5% of total CVA property taxation be continued for properties that are provided protection; iii. The ‘billing’ threshold be maintained such that any property whose taxation burden under the mandated Provincial Business Protection program is within $250 of its CVA based taxation be required to pay its full CVA level property taxation amount and the clawback percentage be adjusted accordingly, and iv. The preferential tax treatment afforded to New Construction properties continue to be phased out as indicated below and New Construction properties be taxed at the full rates by 2008. 2007 90% Minimum of CVA Taxes 2008 100% Minimum of CVA Taxes d) THAT the Minister of Finance be requested to make the following changes to Provincial Legislation/Regulations relating to Current Value Assessment (CVA) Taxation Policy in order to achieve greater fairness and equity in the property tax and assessment system: Council Meeting Minutes - 8 - May 14, 2007 i) Reassessment Impact Mitigation ? The Province embark on a full review of the Current Value Assessment system currently mandated for Ontario with the objective of providing municipalities with greater tools and flexibility to mitigate abnormally high assessment increases. The review be conducted in consultation with the Municipal Sector and any recommendations, which are supported by the Municipal Sector, be implemented prior to the 2009 taxation year when taxpayers will experience the impacts resulting from the scheduled 2008 reassessment by the Municipal Property Assessment Corporation (MPAC). ? Furthermore, i. the Province not legislate any changes to the current property taxation policy or assessment regimes until such time that a complete Province-wide property-by- property impact analysis on any proposed changes is completed and the Municipal Sector is both advised of the potential impacts and consulted on implementation and mitigation strategies, ii. any proposed changes include a plan to phase-out the current Provincially mandated Business Protection program (“Capping”), which results in distorted taxation for the Multi-Residential, Commercial and Industrial property tax classes, and iii. any proposed changes to the current regimes be done over a reasonable time frame to ensure that municipalities and taxpayers are both consulted and prepared to implement the changes and mitigation tools in a well informed and proactive manner. ii) Provincially Mandated Business Protection Program ? In light of the need to reduce the complexity and confusion of the current Provincial program and to establish fairness and equality with respect to taxation in the Non-Residential sector, the Province should permanently exclude all properties that reach their full CVA level taxation from all future capping programs (i.e. once removed, a property would no longer be eligible for protection or clawback resulting from future reassessments.) Council Meeting Minutes - 9 - May 14, 2007 ? Further, that the Province not legislate a similar ‘capping’ program for the Residential property class as it simply shifts property taxes from one taxpayer to another without any regard for the individual taxpayer’s ability to pay. iii) Assessment Appeals ? In light of numerous and continuous large property assessment appeals that have and continue to have the potential to negatively impact the Regional assessment base which in turn affects all taxpayers in Durham, and in keeping with the Region’s responsibilities for setting Region-wide tax policy, the Province grant upper tier municipalities status in the assessment appeal process, including the following: the right to complain to the Assessment Review Board on individual assessments; the right to be a party at the assessment appeal hearings; and the right to be notified of appeals and settlements by MPAC. e) THAT the following correspondence concerning property taxation and assessment issues be received for information: CC#359 City of Port Colborne Resolution objecting to any further downloading of costs for MPAC to the local taxpayer and requesting the Provincial government take immediate action to fix the flaws of the property assessment system. CC#361 County of Prince Edward Resolution advising the Province that it will freeze payments to MPAC at the 2006 level until MPAC has implemented changes that will result in an improved and strong functioning system that is fair to all Ontarians. CC#362 Corporation of the Township of Chisholm Resolution requesting the Province freeze the base assessment valuation at the January 1, 2005 level and that property assessments be increased only upon the sale of a property. CC#376 Debbie Zimmerman, Chair of the Municipal Property Assessment Corporation Board of Directors offering to arrange a presentation to Council by MPAC representatives on the role of MPAC and the Ontario assessment process. Council Meeting Minutes - 10 - May 14, 2007 f) THAT the requisite by-laws for the 2007 Long Term Strategic Property Tax Plan be prepared by the Regional Solicitor in conjunction with the requisite By-laws for the Region’s 2007 Business Plans and Budgets” I - 16 Ron Robinson, President, Kendal Lions Club, expressing F11.GE appreciation to Council for providing a $500 grant to the Kendal Lions Club which will assist the Club in helping those in need. I - 17 Charles Ryan, Board President, Distress Centre Durham, forwarding S00.GE correspondence to the Honourable George Smitherman, Minister of Health and Long-Term Care, expressing concern over the proposed $8 million dollar cut to the mental health division of Lakeridge Health and urging the Province to re-consider cutting resources from mental health services as community based agencies will not be in a position to fill the gaps. I - 18 Greg Martino, Account Manager, Municipal Relations, Municipal F27.MP Property Assessment Corporation (MPAC), providing information on MPAC’s expanded property inspection program for 2007, advising MPAC anticipates inspecting more than 500,000 residential properties across Ontario in an effort to improve accuracy of assessed values and also to verify property classifications for commercial and industrial properties. I - 19 Debbie Zimmerman, Chair, MPAC Board of Directors, Municipal F27.MP Property Assessment Corporation (MPAC) advising of significant changes to property assessment in Ontario under the 2007 Ontario Budget including province-wide assessment updates every four years, phasing in of assessment increases for residential, farm and managed forest properties, and converting the current optional Request for Reconsideration Program into a mandatory stage of the appeal process; advising MPAC will review how the changes will affect all aspects of MPAC’s ongoing operations including the implementation of the recommendations made by the Ontario Ombudsman, and that MPAC will update municipalities on their progress. I - 20 John O’Toole, MPP, Durham forwarding correspondence to S00.GE Marion Saunders, Chair, Board of Trustees, Lakeridge Health Network, requesting to meet with the Board in order to receive an update on all capital projects, including projects planned, approved, or pre-approved by the Ministry of Health and Long-Term Care. Council Meeting Minutes - 11 - May 14, 2007 I - 21 John O’Toole, MPP, Durham forwarding correspondence to S00.GE Denis Beaulieu, Chair, Memorial Hospital Foundation – Bowmanville, commending the Foundation’s Board and volunteers for their support and advocacy on behalf of the Touching Lives Campaign and requesting to meet with the Board in order to receive an update on all local capital projects supported by the Foundation, including projects planned, approved or pre-approved by the Ministry of Health and Long-Term Care. I - 22 Jack Gibbons, Chair, Ontario Clean Air Alliance, advising of the E05.GE launch of their ‘Peak Busters’ Contest in May, a contest that challenges community members to be leaders in reducing peak summer electricity demand and issuing a challenge to communities across Ontario to reduce their peak demand and coal-fired electricity use and to work with local utility, community groups, business organizations and institutions to take advantage of the many benefits of reducing peak demand and to protect public health and the environment. I - 3 Minutes of the Clarington Highway 407 Community Advisory A01.HI Committee dated May 7, 2007. Resolution #C-265-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the minutes of the Clarington Highway 407 Community Advisory Committee be referred to the Director of Emergency Services. “CARRIED” I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, P17.GE advising that the Region of Durham on April 18, 2007, received for information Council’s resolution pertaining to the notice and advance payment for services of paid-duty officers. Resolution #C-266-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 9 be received for information. “CARRIED” Council Meeting Minutes - 12 - May 14, 2007 I - 11 Debi A. Bentley, City Clerk, City of Pickering, advising that the City of C10.GE Pickering on April 16, 2007, passed the following resolution pertaining to the Greater Toronto Airports Authority’s Master Plan for the Pickering lands: “WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #212/98, Resolution #172/04 on December 20, 2004, #207/05 on November 21, 2005 and Resolution #84/06 on June 19, 2006, with respect to supporting a public and independent due diligence review of the Greater Toronto Airports Authority's Master Plan for the Federal Lands in Pickering including a request to provide intervener funding: and WHEREAS the United Nations Intergovernmental Panel on Climate Change, (IPCC), estimates that the high altitude emissions from aircraft could have a warming impact of two - four times their carbon dioxide emissions alone; and WHEREAS the Intergovernmental Panel on Climate Change indicates 'there would not appear to be any practical alternatives to kerosene-based fuels for commercial aircraft for the next several decades'; and WHEREAS because of growing concerns about global warming and the impact of air travel on it, governments will need to begin taking action to regulate aircraft emissions. NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Pickering reconfirm its support for Resolution 212/98, Resolution #172/04 on December 20, 2004, #207/05 on November 21, 2005 and Resolution #84/06 on June 19, 2006; in addition, the City urges the Federal, Provincial and Regional Governments to support the following; 1) THAT the Federal Minister of Transport be urged to proceed expeditiously to conduct a review of the Greater Toronto Airports Authority's Master Plan for the Pickering lands and the need for an airport at Pickering and proceed with the review in an open, public and transparent process; and 2) FURTHER THAT Transport Canada and Environment Canada be requested to include a study that considers how the following economic and environmental factors would effect the future of air transportation and the needs analysis of the Greater Toronto Airports Authority's Master Plan demand forecast to 2032 and the business case for Pickering: Council Meeting Minutes - 13 - May 14, 2007 a) rising fuel prices & peak oil; and b) the impact additional emissions would have on air quality as well as contribute to climate change; and c) the economic impact that future government action to control emissions may have; and 3) FURTHER THAT the Federal Government remain committed to protecting the Federal Pickering Lands; and 4) FURTHER THAT this resolution is supportive of the Corporation of the City of Pickering's Partners for Climate Protection Program and Sustainable Pickering initiatives. 5) FURTHER THAT a copy of this resolution be forwarded to the Prime Minister of Canada; the Federal Minister of Transport, Infrastructure and Communities; the Premier of Ontario; the Ontario Minister of Transportation; the Federal and Provincial Opposition Parties; GTA MPs and MPPs; the Greater Toronto Airport Authority; and the GTA Area Regional and Local Municipalities.” Resolution #C-267-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 11 be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D - 10 was received as a handout. Resolution #C-268-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda, including hand-out Item D - 10, with the exception of Items D - 4, D - 7, D - 8 and D - 9. “CARRIED” Council Meeting Minutes - 14 - May 14, 2007 D - 1 Mark Cousins, Ontario Family Fishing Weekend Steering Committee, M02.GE Ontario Federation of Anglers and Hunters, requesting July 6 to July 8, 2007 be proclaimed “Ontario Family Fishing Weekend” in conjunction with National Fishing Week. This special license-free fishing weekend includes fish festivals, clinics or conservation and educational activities and the Steering Committee is requesting the municipality’s assistance in publicizing the event. (Proclaimed) D - 2 Sue Harris, Clinic Recruitment Coordinator, Canadian Blood M02.GE Services, requesting June 11 to 16, 2007 be proclaimed “National Blood Donor Week” in Clarington, to help raise awareness of the universal need for blood and to thank the many blood donors for their commitment to the well-being of fellow Canadians. (Proclaimed) D - 3 Marilyn Carswell writing to the Durham/York Residual Waste Study E07.GE Co-ordinator expressing concerns in opposition to the development of an energy-from-waste facility in the Clarington Energy Business Park due to associated health risks and adverse effects on residential land values in the area. (Correspondence referred to the Director of Planning Services) D - 5 Ted Kanarellis expressing concern with the speed of vehicles T02.GE traveling on West Side Drive in the Aspen Springs West Village subdivision and requesting the municipality install School Crossing Signs and 40 km/hr signage near the Dr. Ross Tilley Public School to ensure the safety of children who attend the school. (Correspondence referred to the Director of Engineering Services) D - 6 P. Madill, Regional Clerk, Regional Municipality of Durham, advising E05.GE Council that the Region of Durham, at a meeting held April 18, 2007, passed the following resolution: "a) THAT the following resolution of the Council of the Township of South Stormont regarding the regulation of the cosmetic use of pesticides be endorsed: 'WHEREAS the Township of South Stormont Pesticide/Environmental Committee (PEC) passed Resolution No. 26/06/PEC, recommending that Council petition the government to implement legislation banning the use of pesticides for cosmetic purposes across the country; Council Meeting Minutes - 15 - May 14, 2007 AND WHEREAS Council supports the PEC in their mandate concerning the protection of health, safety and welfare of the inhabitants of the Township of South Stormont; AND WHEREAS Council has passed Resolution Nos. 249/01 and 049/03, supporting the education of the harmful effects of pesticides and expressing their desire for a chemical free municipality; AND WHEREAS realizing the potential danger associated with the use of cosmetic pesticides, the Township has prohibited the use of pesticides on all municipally owned properties; NOW THEREFORE BE IT RESOLVED that Council petitions the Province to implement legislation to prohibit cosmetic pesticide use completely in the Province of Ontario. AND FURTHER BE IT RESOLVED that a copy of this motion be sent to our MPP, the Minister of Environment, Minister of Health and all municipalities.’ b) THAT the Premier of Ontario, Ministers of the Environment, Health and Long-Term Care, and Health Promotion, Durham's MPPs, Acting Chief Medical Officer of Health, and the Council of the Township of South Stormont be so advised; c) THAT Report 2007-MOH-17 of the Commissioner & Medical Officer of Health be received for information; and d) THAT Report 2007-MOH-17 be forwarded to Durham's municipalities and the Durham Environmental Advisory Committee, Durham Agricultural Advisory Committee and all local agricultural and environmental advisory committees for their comments back to the Health & Social Services Committee for further discussion.” (Correspondence referred to the Director of Operations) D - 10 Leslie Hurley and Tammy Shiel requesting permission to close part T09.GE of Firwood Avenue in Courtice on May 19, 2007 (rain date May 20, 2007) for the purposes of a neighbourhood street party. (Request approved provided the organizers apply for and obtain a Road Occupancy Permit) Council Meeting Minutes - 16 - May 14, 2007 D - 4 Bev Oda, MP, forwarding information on the New Horizons for S04.GE Seniors Program for 2007, a program supporting projects led by seniors, including volunteering, outreach, mentoring and teaching activities that will benefit other seniors, vulnerable groups and the community; and, encouraging local organizations with relevant programming to apply for funding from the program. The application deadline is June 29, 2007. Resolution #C-269-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 4 be referred to the Municipal Clerk to place a notice in the local newspapers and to the Clarington Older Adults Centre. “CARRIED” D - 7 Paul Rowan, Parade Co-Ordinator, Tyrone Spirit Day Steering M02.GE Committee requesting permission to hold a parade on June 9, 2007, commencing at 11:30 a.m. to kick off the Tyrone Spirit Day Celebration; attaching a map of the parade route which starts and ends at the Community Centre; and, requesting use of one lane of traffic to accommodate the parade participants. Resolution #C-270-07 Moved by Councillor Trim, seconded by Councillor Woo THAT the request from Paul Rowan, Parade Co-ordinator, Tyrone Spirit Day Steering Committee be approved provided the organizers apply for and obtain a Road Occupancy Permit. “CARRIED” D - 8 Martha Rutherford Conrad, Administrator, Clarington Museum and A01.CL Archives, advising of a bequest received from the Estate of Mildred Sturch in the amount of $58,689.19 and requesting funds in the amount of $20,000 from the Estate, for the history sidewalk project as detailed in the 2007 Grant request. Resolution #C-271-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 8 be received for information. “CARRIED” Council Meeting Minutes - 17 - May 14, 2007 D - 9 Mark Canning requesting an interest-free loan of $2,000 to assist F11.GE with the Tyrone Spirit Day to be held on June 9, 2007. Resolution #C-272-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT an interest free loan in the amount of $2,000 be provided to the Tyrone Spirit Day Ad Hoc Committee of the Tyrone Community Hall Board to be repaid by December 31, 2007. “CARRIED” MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report May 7, 2007. Resolution #C-273-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 7, 2007 be approved, with the exception of Item #7. “SEE FOLLOWING MOTION” Item #7 Resolution #C-274-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-055-07 be received; THAT Council endorse the Terms of Reference for the Green Community Advisory Committee; and THAT the Mayor and Councillor Novak be designated as members of the Green Community Advisory Committee. “CARRIED” Council Meeting Minutes - 18 - May 14, 2007 Resolution # C-273-07 was then put to a vote and CARRIED. Report #2 – Report CLD-019-07 – Confidential Personal Matter Resolution #C-275-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Confidential Report CLD-019-07 be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Report #3 as it relates to his Election Campaign Expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Report #3 – Report CLD-020-07 – Compliance Audit Resolution #C-276-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Rules of Order be suspended to allow for introduction of a motion to reconsider Resolution #C238-07 and to pass a motion to appoint a new auditor for the compliance audit of the election financial returns of Mayor Jim Abernethy; and THAT the firm of Deloitte and Touche be appointed to conduct the audit. “CARRIED” Mayor Abernethy re-assumed the Chair. Report #4 – Report of the Solicitor – Legal Matter Resolution #C-277-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report #4 be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Council Meeting Minutes - 19 - May 14, 2007 UNFINISHED BUSINESS Confidential Report CLD-017-07 regarding a Legal Matter Resolution #C-278-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Confidential Report CLD-017-07 be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Resolution #C-279-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT John O’Toole, MPP, Durham be thanked for providing Council with an update from Queen’s Park, and THAT John O’Toole be advised that Council looks forward to further updates. “CARRIED” Resolution #C-280-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Wayne Robbins, Senior Vice President, Ontario Power Generation – Darlington be thanked for presenting Ontario Power Generation’s Annual Update. “CARRIED” Resolution #C-281-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Mary Dunlop and David Bourgeois, Durham Youth Housing Support Services, be received with thanks. “CARRIED” Council Meeting Minutes - 20 - May 14, 2007 OTHER BUSINESS Resolution #C-282-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Duane Cooke be appointed to the Clarington Heritage Committee; THAT Bill Tanner be appointed to the Clarington Museum and Archives Board as the representative for Ward 1; THAT John Witheridge be appointed to the Clarington Museum and Archives Board as the replacement for Ward 4; and THAT the appropriate by-laws be passed. “CARRIED” Councillor Novak advised of a recent article in the Toronto Star’s GTA Section highlighting Burketon’s snowboarding sensation Matt Morison, a young athlete who is aiming for an Olympic Gold medal in the 2010 Olympic Games. Councillor Foster advised he attended the White Cliffe Terrace Retirement Residence rededication of Rick Gay Memorial Park and presented Mayor Abernethy with a Certificate of Appreciation from White Cliffe Terrace and Home Depot. Mayor Abernethy advised he toured an Energy-from-Waste facility in Tampa Bay, Florida recently noting the facility was exceptionally clean and that there was no noticeable odour. He also advised of a forum in Oshawa hosted by the Canadian Autoworkers Union that Members of Council attended. Councillor Novak provided highlights of the CAW Forum noting the focus was on reducing waste to zero by 2020. Resolution #C-283-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting be “closed” to consider a personal matter and legal matters. “CARRIED” The meeting resumed in open session at 9:50 p.m. Council Meeting Minutes - 21 - May 14, 2007 Resolution #C-284-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” BY-LAWS Resolution #C-285-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-0100 to 2007-104, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-100 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-86012 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of 18T-86012 (464367 Ontario Limited – Bob Craig) 2007-101 Being a by-law to authorize the execution of a Servicing Agreement between the Corporation of the Municipality of Clarington and D. G. Biddle and Associates Limited for the detailed design and contract administration of Stevens Road capital construction project 2007-102 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Heights Limited) 2007-103 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of S-C-2005-001 2007-104 Being a by-law to designate the property known for municipal purposes as 483 King Avenue East, Part 9, Plan 40R-20610, Part Lot 26, Concession 1, former Village of Newcastle, now in the Municipality of Clarington as a property of cultural heritage value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter O.18 Council Meeting Minutes - 22 - May 14, 2007 Resolution #C-286-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-100 to 2007-104, inclusive, be approved. "CARRI ED" Mayor Abernethy stated a pecuniary interest earlier in the meeting, and refrained from voting on the confirming by-law. Mayor Abernethy vacated his chair and Councillor Trim chaired this portion of the meeting. CONFIRMING BY-LAW Resolution #C-287 -07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-105 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 14th day of May, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-288-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-105 be approved. "CARRIED" ADJOURNMENT Resolution #C-289-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 9:53 p.m. "CARRIED" ~