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HomeMy WebLinkAbout05/28/2007 Council Meeting Minutes MAY 28, 2007 Minutes of a regular meeting of Council held on May 28, 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 Director of Engineering Services, T. Cannella, attended until 10:45 p.m. Director of Community Services, J. Caruana, attended until 10:45 p.m. Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon, attended until 10:45 p.m. Solicitor, D. Hefferon Manager of Operations, F. Horvath Manager of Special Projects, F. Langmaid, attended until 10:45 p.m. Fire Chief, G. Weir, attended until 10:45 p.m. Administrative Assistant to the Clerk, C. Fleming, attended until 10:45 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-290-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on May 14, 2007, be approved. “CARRIED” Council Meeting Minutes - 2 - May 28, 2007 PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to stop up and close a portion of a road allowance situated within Lot 17, between Broken Front Concession and Concession 1 (now being Part 3 on Registered Plan 40R-24789) in the former Township of Darlington, now in the Municipality of Clarington. No one spoke in opposition to or in support of this matter. PRESENTATIONS Glenda Gies, President, Port Darlington Community Association, and Co-Chair - St. Marys Community Relations Committee (CRC), addressed Council to present the CRC’s 2006 Annual Report, a copy of which had been previously distributed to all Members of Council. Ms. Gies reviewed the composition of the Committee which included members of the Port Darlington Community Association, the Aspen Springs Community Association, Municipal staff and staff of St. Marys Cement Inc. She noted however, that the representative from the Aspen Springs Community Association had resigned in September and the Committee was advocating for a replacement member. Ms. Gies stated in 2006, the Community Relations Committee held quarterly meetings to provide an opportunity for dialogue between the community and St. Marys Cement Company and for St. Marys to report on their progress implementing the Westside Marsh Reconfiguration Plan. She reviewed the scope of work discussed at the meetings and highlighted data provided from off site dust monitoring and blasting stations noting complaints related to blasting have decreased as a result of changes to St. Marys blasting procedures. Ms. Gies also highlighted revisions to operating procedures as a result of the release of PET coke dust from the dock in July 2006. In summary, Ms. Gies concluded that St. Marys operations continue to result in off site impacts that are generally below regulatory requirements and that St. Marys continues to work to reduce these impacts. She further stated that the Committee is working effectively in providing an opportunity for information sharing and dialogue between St. Marys and its neighbours, and recommends that the Committee continue to meet on a quarterly basis. Ms. Gies also suggested representation from other areas of Bowmanville, as required. In response to a question, Glenda Gies stated she would support representation from the Wilmot Creek Homeowners Association on the Committee. Jonathan Hill, Quarry Manager, St. Marys Cement addressed Council advising 2006 was an outstanding year for St. Marys Cement in terms of human resources, production, and environmental aspects. Mr. Hill introduced Rubin Plaza, Plant Environmental Manager to provide information on environmental achievements. Council Meeting Minutes - 3 - May 28, 2007 Rubin Plaza addressed Council advising St. Marys Cement Inc. was the winner of the Environmental Performance Award for S02 Reduction, NOx Reduction and ISO Certification from the Portland Cement Association (PCA) as part of the 2006 North American Cement Industry Energy and Environmental Awards for their efforts in reducing sulfur dioxide emissions by 53% and nitrogen oxide emissions by 18%. Mr. Plaza noted in addition to receiving the highest award in the Environmental Performance category, St. Marys was recognized as a runner-up in the Land Stewardship and Energy Efficiency categories, for the reconfiguration of the Westside Marsh, the largest project of its kind in Canada, and for the initiation of an Energy Management Conservation Committee in the development of 32 initiatives to reduce or save energy. Mr. Plaza outlined the benefits of continuous improvements in environmental performance and St. Marys commitment to conducting business in an environmentally responsible manner. Jonathan Hill discussed the quarry and blasting results. He noted last year the company received seven blasting complaints. Mr. Hill stated St. Marys practices continuous improvement strategies for blasting and have since changed contractors noting only three complaints have been received to date this year. Mr. Hill highlighted the success of their second open house held July 12, 2006 drawing 600 visitors from the surrounding area and advised planning is underway for this year’s open house to be held in September. In closing, Mr. Hill provided an outlook for 2007 in which St. Marys will continue their commitment to reducing stack emissions, maintain continuous improvement practices in the area of the quarry and blasting, and to work with local charities. In response to questions, Mr. Hill outlined the process for responding to complaints and follow-up contingency plans. DELEGATIONS Resolution #C-291-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Karen Buck, Cathy McKeever and Jason Gibson be added to the list of delegations. “CARRIED” Council Meeting Minutes - 4 - May 28, 2007 Resolution #C-292-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the Rules of Order be suspended to allow for introduction of a motion to add Roger Anderson as a delegation to address the Energy From Waste Environmental Assessment Study. “MOTION LOST ON THE FOLLOWING RECORDED VOTE” (¾ Majority Required) Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Jean Michel Komarnicki, President, Visual Arts Centre of Clarington, addressed Council on behalf of Craig Ryan concerning the Silken Laumann Project, a fundraising project bringing Silken Laumann to Bowmanville as part of efforts to expand to the Visual Art Centre facilities. Mr. Komarnicki stated Silken Laumann, one of Canada’s inspirational speakers and recognizable athletes, has agreed to come to Clarington to give a motivational Keynote Address on October 23, 2007 at the Bowmanville High School. Jane Eccles, Bowmanville artist has created a painting of Ms. Laumann and it will be unveiled at a Gala Evening to be held on October 24, 2007 at the Visual Arts Centre. Tickets for the keynote address are $50 and $150 for the Gala Evening. Jane Eccles spoke about the creation of the painting and her selection of Silken Laumann. She stated detailed planning of the event is still in progress and that the organizers need help with promotion, sponsors and staging. She invited Members of Council to help promote the events and to buy tickets in support of the Visual Arts Centre. William Hasiuk advised prior to the meeting that he would not be speaking. Council Meeting Minutes - 5 - May 28, 2007 Linda Gasser addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study thanking all four local Councillors for their support of the staff recommendations in Report PSD-070-07 and staff for differentiating between what would be required to ensure that Clarington undertakes its independent due diligence and what peer review would be required of the Region’s EA related studies. Ms. Gasser requested Mayor Abernethy to clarify his amendment made at the Regional Finance and Administration Committee regarding the costs associated with “other studies” required to do Clarington’s due diligence. She advised that the Council of East Gwillimbury voted unanimously that they will not be a willing host for the proposed Durham/York incinerator and feels a message must be sent to Durham Region that Clarington will do their independent due diligence studies and peer reviews and make their own decisions around whether or not the municipality would be a willing host. Ms. Gasser feels that Regional Council did not know many details about potential human health and environmental impacts when they set the Terms of Reference for the EA study and that the study could be expanded to include alternatives screened out early, including Zero Waste initiatives. Ms. Gasser urged Council to support the staff recommendations and requested Council to direct staff to review the Alternatives To Report as it is an integral part of the EA document review. In response to questions, Ms. Gasser stated she was advocating a considered review of all the alternatives so that the interests of the citizens of Clarington are protected and that all issues are known before making such an important decision. Kerry Meydam addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study urging Council to endorse the recommendations contained in Report PSD-070-07 and ratify approval of Item 14. She expressed concern that the emphasis in the debate surrounding Report PSD-070-07 has been focused primarily on finances with little regard for the need for all aspects of the peer review and that the intent of the Region to finance a “limited” peer review only was of great concern. She stated it seems to her that dollars are more important than health, safety, environmental and other potential impacts on Clarington such as the ability to attract new businesses to the area (especially the planned Energy Park), community stigma and quality of life. Ms. Meydam feels it is imperative that Clarington do its own studies for the benefit of the municipality. Ms. Meydam also expressed concern with Regional Council’s decision to adopt thermal treatment as its preferred option without adequately investigating either the impacts of incineration or other alternative methods for dealing with residual waste and felt that 70% diversion before 2020 would be achievable if concerted effort was put into reducing residual waste through enhanced diversion which would end up requiring approximately the same amount of landfill for the excess as would incineration for the ash produced. In summary, Ms. Meydam suggested that there are better, safer, cleaner and more financially acceptable ways to manage waste and that the peer review is essential for Clarington to get answers to questions regarding incineration and the health, environmental and financial impacts on the municipality if Clarington were to host the project. She urged Council to approve the recommendations contained in Report PSD-070-07. Council Meeting Minutes - 6 - May 28, 2007 Jim Richards addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study requesting Council to advise Durham Region that Clarington is not a willing host community. He questioned how Council could entertain the idea of a garbage incinerator as part of the vision for the municipality. Mr. Richards feels if residents were aware of the true facts of incineration they would turn down the scheme. He further stated that touring other countries’ facilities does not bring us any closer to what we are doing with our garbage and that we must adopt a more rigorous waste diversion program. Mr. Richards urged Council to send a message to Durham Council that the Municipality of Clarington is not a willing host community and that an enhanced waste diversion strategy should be aggressively pursued. In response to questions, Mr. Richards stated that clean alternatives to incineration exist and that there are sites in Ontario that could be used in the short-term for landfill. Alexandra Bennett, Executive Director, Precautionary Principle Canada, addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study. Through use of a PowerPoint presentation Ms. Bennett reviewed the impacts of waste incineration on human health. She stated she has a background in nursing and is concerned with the effect incineration would have on the health of the public. Ms. Bennett stated emissions from incinerators are toxic and carcinogenic, noting dioxin, the most toxic chemical, is emitted from incinerators and absorbed through the skin. Ms. Bennett feels that domestic and industrial waste needs to be reduced and that legal and financial mechanisms need to be implemented to increase the re-use of packaging and products. Barry Bracken addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study stating his mission here this evening is to urge Council to say no to incineration due to the serious negative impact the emissions can have on the health of all who directly breathe the air or consume the food from fish and animals that have been exposed. Mr. Bracken feels focusing on a Zero Waste Strategy is a much better alternative to incineration. He acknowledged that Regional Councillors are opposed to landfills and clarified that by adopting a Zero Waste Strategy is, in effect, also adopting a position against landfills. Mr. Bracken stated a Zero Waste Strategy has benefits not offered by incineration including recycling, reuse, repair, and composting and is estimated to save four times the energy produced by an energy from waste facility. In summary, Mr. Bracken stated he commends staff for recommending an independent review before proceeding further down the road to incineration and suggested to Council that there is an opportunity to show leadership by saying no to being a willing host and no to incineration. Mr. Bracken referred Council to two websites www.no-burn.org and www.grrn.org for further information. Council Meeting Minutes - 7 - May 28, 2007 In response to a question, Barry Bracken advised he had not visited any Energy From Waste Facilities recently. Wendy Bracken addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study registering her objection to thermal treatment facilities due to the impact on human health and environmental issues. She stated all thermal treatment produces toxic emissions and she is appalled that Clarington residents would be faced with 35 years of toxic discharge. Ms. Bracken commended the Region for instituting the blue box and green bin initiatives and suggested that a Zero Waste Strategy involving aggressive diversion tactics be investigated and advised that she is looking to the Federal, Provincial and Municipal levels of government for leadership. Ms. Bracken feels the Region needs to bring the Environmental Assessment to a halt and to investigate all alternatives and that Clarington Council needs to send a message to the Region that we will not be a willing host community. Ms. Bracken urged Council to consider health issues as paramount and to look to future generations as decisions made today will affect future generations to come and to look to a Zero Waste Strategy. Ron Hosein addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study requesting Council to identify Clarington as an unwilling host as he feels the site selection process is flawed, technology has not been decided and the environmental and public health costs have yet to be determined. Mr. Hosein feels that Energy From Waste is a ‘waste of energy’ as landfill is still required to dispose of fly ash and feels that the solution is to adopt a Zero Waste Strategy and that the Region should put more energy into engaging the public in refusing, reusing, reducing and recycling. He urged Council to think about their vision for Clarington and a sustainable future. Katie Clark advised prior to the meeting that she would not be speaking. Yvonne Spencer addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study stating she was led to believe the only options were landfill or incineration. Ms. Spencer stated she was opposed to having another stack spewing toxins and questioned whatever happened to Clarington ‘Leading the Way’. She feels that if an incinerator is built, recycling initiatives will not continue. She urged Council to reconsider their position and take action to strive for zero waste. Lucy Wunderlich addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study stating she is very concerned with what will happen if Clarington accepts the proposed incinerator and feels if the public were aware of the health risks of incineration, there would be many more people in attendance tonight. Ms. Wunderlich discussed the health risks associated with incineration and Council Meeting Minutes - 8 - May 28, 2007 questioned how many jobs would actually be created and questioned the sustainability of the project as noting in 25 years, the incinerator would no longer be able to do its job. Ms. Wunderlich suggested that we adopt a Zero Waste Policy achievable through waste initiatives, policy and design and suggested Councillors review the Town of Markham’s Mission Green Program. Ms. Wunderlich urged Council to move forward in 2007 by saying no to the proposed incinerator in Clarington and put the concept of zero waste into place and to advise the Region that Clarington is not a willing host. Lucy Wunderlich responded to questions concerning the Town of Markham’s Mission Green Program. Karen Buck addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study stating she is the President of Citizens for a Safe Environment (CSE), a coalition of individuals and ratepayers founded in 1983 to address the issue of a proposed garbage burning incineratorin Toronto at that time. She stated there are five common air pollutants that come from incinerators and fossil burning and that they are responsible for premature death, respiratory and cardiovascular diseases and that Council should count the cost of air pollution as a cost to the community and to Ontario as a whole when considering this proposal. Ms. Buck noted children, the elderly and the unborn are those who are most highly impacted and that Council should consider the lowest possible impact on human life as part of the decision-making process. Ms. Buck stated Citizens for a Safe Environment are advocating a Zero Waste Strategy and that increased diversion and composting with reduced waste disposal is preferred. Cathrine McKeever addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study in opposition to the recommendations contained in Report PSD-070-07. Ms. McKeever feels that the process should have started with an invitation to the Region and the consultants to attend a meeting to explain their methods to staff and provide an opportunity to address staff’s concerns as she feels the recommendations in the report represent a personal bias on the part of staff. Ms. McKeever highlighted various sections of the report stressing on two items: “the fact that people don’t like the end result nor the project doesn’t mean the process was wrong” and “that the approval of actions in Report PSD-070-07 is not due diligence on the part of Council but negligence”. Ms. McKeever responded to claims regarding the waste diversion rate for the Town of Markham but feels the rate is slightly misleading as Markham now collects organics which reduced their waste by 35-50% and increased their recycling by that same amount. She further stated that Markham still has residual waste shipped to landfill in Michigan. Ms. McKeever stated she prefers to have an incinerator equipped with scrubbing technologies as opposed to a “stabilized” landfill, a term implying superiority over a regular “dump”, which results in leaks and produces toxic gases resulting in unfiltered dioxins being spread and feels that land should be reclaimed, not used to store more garbage. Council Meeting Minutes - 9 - May 28, 2007 Jason Gibson addressed Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and other studies of the Durham/York Energy from Waste Environmental Assessment Study stating Clarington is a community with a rich agricultural heritage. He feels that as a prime agricultural zone, the municipality should not be considered as a host site for an Energy From Waste facility. Mr. Gibson feels that if the Region does not come to this same conclusion, we must encourage Clarington residents to speak out. He feels it is irresponsible to contaminate our fresh water supply as an incinerator is not a healthy alternative. Mr. Gibson further stated that the Federal and Provincial governments should be lobbied to educate the public and to make changes to deal with packaging at the source. Resolution# C-293-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 10:00 p.m. COMMUNICATIONS Resolution #C-294-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved. “CARRIED” I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory A01.SA Committee dated May 8, 2007. I - 2 Minutes of the Clarington Museums and Archives Board dated A01.CL April 11, 2007. I - 3 Minutes of the Clarington Accessibility Advisory Committee dated A01.CL May 2, 2007. I - 4 Minutes of the Clarington Traffic Management Advisory Committee A01.CL dated April 19, 2007. Council Meeting Minutes - 10 - May 28, 2007 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated A01.CE May 15, 2007. I - 6 Gordon Lee, Chair, Newcastle Memorial Arena Management Board, F11.GE thanking Council for approving their Grant Application for 2007, which will enable the Board to continue providing social and recreational activities for both residents of the community and visitors and to assist in directing improvements and added services at the arena. I - 7 Kim Coates, Clerk, Township of Scugog, advising Council that on C10.GE May 7, 2007, the Township of Scugog endorsed the following resolution of the Kawartha Conservation Authority regarding The Clean Water Act: “RESOLVED, that, Kawartha Conservation submit comments on the draft regulations under the Clean Water Act to advocate for two municipal representatives (one Kawartha and one Haliburton) on the source protection committee; and THAT this resolution be copied to the affected municipalities for their consideration and support.” I - 8 P. Madill, Regional Clerk, Regional Municipality of Durham, advising C10.GE Council that on May 9, 2007, the Region of Durham passed the following resolution pertaining to the architectural agreement for the design, tender and contract administration of the Clarington Emergency Medical Services Facility: “a) THAT the firm of Totten Sims Hubicki Associates (TSH) be awarded the assignment for the design, completion of the contract drawings and documents, contract administration, site supervision, servicing and site development for the Clarington Emergency Medical Services (EMS) facility in the Municipality of Clarington at a fee not to exceed $80,000 including disbursements (before applicable taxes); b) THAT the Regional Chair and Clerk be authorized to execute the agreement; and c) THAT a copy of Report No. 2007-W-35 of the Commissioner of Works be forwarded to the Municipality of Clarington.” Council Meeting Minutes - 11 - May 28, 2007 I - 9 Kathy Stranks, Manager, Chair and CAO’s Office, Toronto and L11.GE Region Conservation for the Living City (TRCA), advising Council that on April 27, 2007, TRCA passed the following resolution pertaining to The Clean Water Act, 2006: “THAT the Environmental Bill of Rights (EBR) comments by Toronto and Region Conservation Authority (TRCA) in Attachment 1 be endorsed; THAT the comments be forwarded to Conservation Ontario and provided to the chair and mayors of the CTC (Credit Valley Conservation, Toronto and Region Conservation Authority and Central Lake Ontario Conservation Authority) watershed region municipalities; AND FURTHER THAT TRCA, on behalf of the CTC watershed region, advise the Ministry of the Environment directly of our comments after consideration of the consolidated comments to be prepared by Conservation Ontario.” I - 10 Cheryl Tennisco, Committee Secretary, Clerk’s Department, C12.DU Regional Municipality of Durham, advising Council that on April 25, 2007, the Durham Region Transit Executive Committee passed the following resolution pertaining to revisions to the Durham Region Transit Advisory Committee Terms of Reference and appointment of members: “a) i) THAT membership for the Durham Region Transit Advisory Committee (TAC) be expanded to include two representatives from the Region of Durham’s Accessibility Advisory Committee; and ii) THAT as per the direction of the Accessibility Advisory Committee, at their meeting held on April 24, 2007, the following two nominees from the Accessibility Advisory Committee be appointed: - Roberta Atkinson; and - Mary Sutherland.; b) THAT Sections 2.1, 2.2, 2.3, 2.4, 2.5, 2.8, 2.10 and 2.11 of the Terms of Reference for the Durham Region Transit Advisory Committee (TAC), as outlined in Report 2006-DRT-19 approved by the Durham Region Transit Commission on May 10, 2006, be revised to reflect the delegation of responsibility for TAC to the Durham Region Transit Executive Committee (Executive Committee); Council Meeting Minutes - 12 - May 28, 2007 c) THAT Section 2.4 of the Terms of Reference be further revised to: i) increase the membership on TAC to eighteen (18) members to reflect the addition of two representatives from the Region of Durham’s Accessibility Advisory Committee; ii) provide for a quorum for TAC meetings to consist of half of the sitting TAC (voting) members plus one; iii) change “Durham Access Committee (DAC)” to “Disability Action Committee (DAC)”; iv) change UOIT/Durham College’s “Student Activity Council” to “Student Association at Durham College, UOIT (SA); and v) provide for the appointment of members to coincide with the four year term of Regional Council and until such time as new appointments are made; d) THAT Section 2.5.1 of the Terms of Reference be revised by removing the words “In the event that an expression of interest is not received by an area municipality, Durham Region Transit will increase the number of Members at Large nominated for appointment by the Commission to achieve full representation of sixteen members” and replacing them with the words “Should a municipality not receive an application for appointment to TAC, then the appointment for that municipality will remain vacant for the Committee term.”; e) THAT Section 2.8.1 of the Terms of Reference be amended by removing the words “TAC will establish a bi-monthly meeting schedule” and replacing them with the words “TAC meetings will follow a six-week cycle with a break for summer recess.”; f) THAT the following appointments to TAC be approved and confirmed for this Term of Council and until such time as new appointments are made: Item Nomination Received From: Appointment: a) Town of Ajax Caryn Antram b) Township of Brock Robert Weafer c) Municipality of Clarington Arthur Jennings d) City of Oshawa Paul-Andre Larose Council Meeting Minutes - 13 - May 28, 2007 e) City of Pickering Tracy Paterson f) Township of Scugog Penny Pettypiece g) Disability Action Committee Druce Ayres Margaret Reaney h) Student Association at Fraser McArthur Durham College, UOIT (SA) i) Durham Region Transit Commission Chair or Designate g) THAT Heather Holdgate and Adrian Lambert be appointed as Members at Large; h) THAT all successful nominees be advised of their appointment to the 2007-2010 term of TAC; and i) THAT a copy of Report 2007-DRT-05 be forwarded to the Area Municipalities for information.” I - 11 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, C10.GE Town of Ajax, advising Council that on May 14, 2007, the Town of Ajax passed the following resolution pertaining to self-serve gas stations: “THAT correspondence from the Municipality of Clarington be forwarded to the Accessibility Advisory Committee for review and recommendation.” I - 12 Kim Coates, Clerk Township of Scugog, forwarding correspondence C10.GE to the Honourable Stephen Harper, Prime Minister of Canada, advising that the Council of the Township of Scugog, at a meeting held May 14, 2007, adopted the Municipality of Clarington’s resolution regarding accessibility at self serve gas stations. I - 13 The Honourable John Gerresten, Minister of Municipal Affairs and L11.GE Housing advising that sections of the Municipal Statute Law Amendment Act, 2006, concerning closed meeting investigators and adoption of policies will be proclaimed into force on January 1, 2008. These sections were delayed at the request of stakeholders in the municipal sector to provide municipalities with an opportunity to develop polices required for notice, delegation of powers and sale of land and to prepare for investigation of complaints regarding closed meetings. Council Meeting Minutes - 14 - May 28, 2007 CORRESPONDENCE FOR DIRECTION Resolution #C-295-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 1, D - 7 and D - 8. “CARRIED” D - 2 Garth Gilpin, Secretary-Treasurer and General Manager, A01.BO Bowmanville Business Centre, advising of the appointment of Rose Turner, Barbara Patterson and Jan Moffatt to the Board of Management to fill vacant seats on the Board. (Appointed and appropriate by-law be passed) D - 3 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage M02.GE Trust, inviting Council to participate in the 2007 Heritage Community Recognition Program by submitting nominations of individuals or small project groups for recognition in the categories of preservation of built, cultural or natural heritage or heritage garden conservation; Lifetime Achievement (period of 20 to 24 years) or the Lieutenant Governor’s Ontario Heritage Award (period of 25 years or more) and advising the nomination deadline is August 3, 2007. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 4 Patti Ashbridge, Program Assistant, Heart & Stroke Foundation – M02.GE Durham Region Office, requesting permission to hold their annual Heart and Stroke Big Bike fundraising Event on Monday, June 18, 2007, from the host site at Kelsey’s Restaurant, enclosing the route map and advising road occupancy permits have been applied for, a police escort has been arranged, and liability insurance coverage is in place. (Approved provided the organizer’s apply for and obtain a Road Occupancy Permit) Council Meeting Minutes - 15 - May 28, 2007 D - 5 Andrew Reefer requesting permission to hold a fireworks display on M02.GE June 2, 2007, at his residence in Bowmanville, as part of a family birthday celebration. (Approved provided the fireworks are set off by an individual of at least 18 years of age) D - 6 Marlaine Koehler, Executive Director, Waterfront Regeneration Trust, M02.GE extending an invitation to Council to attend “The Trail Ahead” Waterfront Conference and Trail Ride on September 19 and 20, 2007, forwarding a copy of the new Mapbook of the Waterfront Trail and Greenway detailing the Waterfront Trail from Niagara to Quebec along the Canadian Shores of Lake Ontario and the St. Lawrence River and requesting Council to proclaim September 20, 2007, as “Waterfront Trail and Greenway Day”. (Proclaimed) D - 1 Councillor Robinson, requesting permission to close the Bond Head M02.GE Parkette on July 1, 2007, from 6:00 p.m. to 11:00 p.m. for the second annual fireworks display sponsored by Kaitlin Development. Resolution #C-296-07 Moved by Councillor Trim, seconded by Councillor Woo THAT the request to close the Bond Head Parkette on July 1, 2007, from 6:00 p.m. to 11:00 p.m. for the second annual fireworks display sponsored by Kaitlin Development be approved. “CARRIED” D - 7 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, C10.GE Town of Ajax, advising Council that the Town of Ajax, at a meeting held May 14, 2007, passed the following resolution: “WHEREAS necessary changes to the Town of Ajax ward boundaries and possible changes to Council composition for the 2010 regular municipal elections are affected significantly by the number of Town of Ajax representatives on the Council of the Regional Municipality of Durham; and Council Meeting Minutes - 16 - May 28, 2007 ”WHEREAS 2006 Statistics Canada Census population statistics for Durham Region and the Regional Municipality of Durham’s own population forecasts indicate that the current composition of Region Council is not representative of the populations in the Region’s lower-tier municipalities; and WHEREAS the Town of Ajax has the highest population per Region Council member in the entire Region; BE IT RESOLVED THAT the Council of the Regional Municipality of Durham undertake immediately a review of census information and population forecasts and initiate the process required to approve changes to the composition of Region Council as outlined in the Municipal Act, 2001, as amended; and, THAT, to allow lower-tier municipalities to complete their own reviews and approve council composition and/or boundary changes by December 31, 2009 in order that all desired changes will be in effect for the 2010 regular elections, any changes to the composition of the Council of the Regional Municipality of Durham be approved no later than December 31, 2008; and, THAT the Region’s review be guided by a committee comprised of the Region Chair and Mayors, or their designates; and, THAT, commencing with the 2010 regular municipal elections, Option 2 in appendix ‘B’ to this report be recommended as the preferred composition of the Council of the Regional Municipality of Durham, THAT the Region of Durham adopt a policy requiring a review of Council representation and composition immediately following the publishing of the comprehensive national census population statistics every ten years; and THAT all Durham Region municipal councils be requested to endorse this resolution.” Resolution #C-297-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Correspondence Item D - 7 be received for information. “CARRIED” Council Meeting Minutes - 17 - May 28, 2007 D - 8 Confidential correspondence regarding a legal matter. L02.RO Resolution #C-298-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 8 be referred to the end of the agenda to be to be considered during the “closed” session of Council. “CARRIED” MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report May 22, 2007. Resolution #C-299-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the General Purpose and Administration Committee Report of May 22, 2007 be approved, with the exception of Item #14. “CARRIED” Council Meeting Minutes - 18 - May 28, 2007 Item #14 Resolution #C-300-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Report PSD-070-07 be referred back to staff for clarification of costs. “MOTION LOST ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Resolution #C-301-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-070-07 be received; THAT Staff be instructed to carry out the requirements of Resolution #C-211-07 by preparing the studies in accordance with the scope of work set out Report PSD-070-07; THAT Mr. Steven Rowe be retained to undertake the scope of work as outlined in Section 4.2 (Site Selection) and Section 4.4 (Gap Analysis) of Report PSD-070-07, and further to advise on the scope of work set out in Section 5.1 (Oversight of Technology Procurement Process) and 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT SENES Consultants Limited be retained to undertake the scope of work as outlined in Section 5.1 (Oversight of Technology Procurement Process) of Report PSD-070-07, and further to assist with the scope of work set out in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT AMEC E&C Services Ltd. be retained to undertake the scope of work as outlined in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; Council Meeting Minutes - 19 - May 28, 2007 THAT C.B. Richard Ellis Ltd. be retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work set out in Section 6.3 (Community Stigma); THAT the Director of Finance be authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (Community Stigma) and Section 6.4 (Host Community Agreement) of Report PSD-070-07; THAT the Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) provide information, professional opinion, estimates and advice as deemed appropriate; THAT the Directors of Finance and Planning Services be instructed to strike a committee comprised of Clarington staff and consultants similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement; THAT the Directors of Finance and Planning Services be instructed to take any additional actions or retain any additional consultants deemed necessary to ensure the Municipality has carried out its due diligence; THAT the Region be requested to work in cooperation with Clarington Staff to improve the public engagement process as noted in Section 4.3 and the Air Shed Study process as noted in Section 5.2; THAT the Purchasing By-Law 2006-127 be waived; THAT the Director of Planning Services and the Director of Finance be authorized to negotiate and approve contracts with the consultants deemed necessary to complete the due diligence for the Municipality as identified in Report PSD-070-07; THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants and execute the contracts deemed satisfactory by the Director of Planning Services and the Director of Finance; THAT the peer reviews and studies referenced in Report PSD-070-07 be deemed to be part of the "necessary studies" to complete due diligence as referenced in the motion approved by Durham Region Council on April 18, 2007, and that the Director of Finance be directed to recover these due diligence costs from the Region of Durham as set out in their motion; THAT Staff report regularly to Council on the progress and findings of the peer reviews and analyses being undertaken, and the Host Community Agreement discussions; and Council Meeting Minutes - 20 - May 28, 2007 THAT all interested parties be notified of Council’s decision including the Regions of York and Durham Councils and the Joint Waste Management Committee. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-302-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the foregoing Resolution #C-301-07 be amended by adding after the words ‘Host Community Agreement’ in the ninth paragraph, the following: ‘on a without prejudice basis to the Municipality’s decision on whether to be a willing host.’ “CARRIED” Resolution #C-301-07 was then put to a vote and “CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v UNFINISHED BUSINESS Resolution #C-303-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Glenda Gies and Jonathan Hill, Co-Chairs, St. Marys Cement Community Relations Committee, be thanked for providing Council with the Committee’s Annual Report. “CARRIED” Council Meeting Minutes - 21 - May 28, 2007 Resolution #C-304-07 Moved by Councillor Woo, seconded by Councillor Hooper THAT the delegation of Jane Eccles and Jean Michel Komarnicki be received with thanks. “CARRIED” OTHER BUSINESS Resolution #C-305-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Rules of Order be suspended to allow for introduction of a motion to request the Region to hold another public information centre on Energy From Waste.” “MOTION LOST” (¾ Majority Required) Councillor Foster presented Mayor Abernethy with a book from the Muslim Society entitled “Revelation Rationality Knowledge and Truth” by Mirza Tahir Ahmad. BY-LAWS Resolution #C-306-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-106 to 2007-123, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-106 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal Purposes for the year 2007 2007-107 Being a by-law to amend By-law 91-58, as amended, being a by-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington 2007-108 Being a by-law to adopt Amendment No. 56 to the Clarington Official Plan (Susan Woodley) Council Meeting Minutes - 22 - May 28, 2007 2007-109 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Susan Woodley) 2007-110 Being a by-law to exempt certain portions of Registered Plans 40M-2220 and 40M-2226 from Part Lot Control 2007-111 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Eiram Development Corporation) 2007-112 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Halminen Urban Communities Inc.) 2007-113 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Intracorp Developments Ltd.) 2007-114 Being a by-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-87087 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of 18T-87087 (Intracorp Developments Ltd.) 2007-115 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Gary and Donna Arnott) 2007-116 Being a by-law to amend By-law 2005-145, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors 2007-117 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2007-118 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services, Cobourg, Ontario for the Sanitary Forcemain for the Newcastle Recreation Complex 2007-119 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Miller Paving Limited, Markham, Ontario to enter into agreement for the King Street Bridge Rehabilitation, Bowmanville, Ontario Council Meeting Minutes - 23 - May 28, 2007 2007-120 Being a by-law to close Part of the Road Allowance between Concession 1 and Broken Front Concession, Darlington, designated as Part 3 on Plan 40R-24789, Clarington, as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended 2007-121 Being a by-law to declare surplus Part of the Road Allowance between Concession 1 and Broken Front Concession, Darlington, designated as Part 3 on Plan 40R-24789, Clarington, pursuant to By-Law 95-22 2007-122 Being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to William Smith Colville, Juan Carol Colville, and John Alexander Colville 2007-123 Being a By-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Angela Elizabeth Brown and Richard Vanbeek, in respect to the purchase of Part1 on Plan 40R-24789, Clarington, former Town of Bowmanville Resolution #C-307-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-106 to 2007-123, inclusive, be approved. “CARRIED” Resolution #C-308-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting be “closed” to consider Correspondence Item D - 8. “CARRIED” The meeting resumed in open session at 10:51 p.m. Council Meeting Minutes - 24- May 28, 2007 ~ Resolution #C-309-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" CONFIRMING BY-LAW Resolution #C-31 0-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-124 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 28th day of May, 2007, and that the said by-law be now read a first and second time. "CARRI ED" '--" Resolution #C-311-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-124 be approved. "CARRIED" ADJOURNMENT Resolution #C-312-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 10:53 p.m. "CARRIED" /'- ( .........