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HomeMy WebLinkAbout06/25/2007 Council Meeting Minutes JUNE 25, 2007 Minutes of a regular meeting of Council held on June 25, 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: Chief Administrative Officer, F. Wu Executive Assistant to the Mayor, L. Bruce, attended until 7:47 p.m. Director of Engineering Services, T. Cannella, attended until 12:41 a.m., Tuesday, June 26, 2007 Manager of Communication and Marketing, J. Cooke, attended until 7:47 p.m. Director of Community Services, J. Caruana, attended until 12:41 a.m., Tuesday, June 26, 2007 Director of Planning Services, D. Crome, attended until 2:00 a.m., Tuesday, June 26, 2007 Solicitor, D. Hefferon Manager of Operations, F. Horvath, attended until 12:41 a.m., Tuesday, June 26, 2007 Acting Community Co-ordinator, H. Lynch, attended until 7:47 p.m. Director of Corporate Services, M. Marano, attended until 12:41 a.m., Tuesday, June 26, 2007 Director of Finance/Treasurer, N. Taylor, attended until 12:41 a.m., Tuesday, June 26, 2007 Fire Chief, G. Weir, attended until 12:41 a.m., Tuesday, June 26, 2007 Administrative Assistant to the Clerk, C. Fleming, attended until 12:41 a.m., Tuesday, June 26, 2007 Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated he would be stating a pecuniary interest with respect to Report # 1 Item 10 and Report #4. Council Meeting Minutes - 2 - JUNE 25, 2007 Councillor Novak indicated she would be stating a pecuniary interest with respect to Correspondence Item I - 6. Councillor Woo indicated he would be stating a pecuniary interest with respect to Report #6. Mayor Abernethy indicated he would be stating a pecuniary interest with respect to Correspondence Items D - 3 and D - 8 and Item 1 of Unfinished Business - Addendum #2 to Report CLD-020-07. MINUTES Resolution #C-343-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on June 11, 2007, be approved. “CARRIED” PRESENTATIONS Mayor Abernethy introduced and welcomed Brycen Snowden, a Grade 6 student from M. J. Hobbs Public School, who will be “Mayor for the Day”. Mayor Abernethy advised that the “Mayor for the Day” is a donation made to the Bethesda House annual fundraising event and that Brycen’s grandmother, Gail Willoughby, had successfully bid on it. Mayor Abernethy stated Brycen will be returning in September to fulfill his duties as “Mayor for the Day”. Mayor Abernethy welcomed students, parents and the public to the presentation of the Sixth Annual “Awards for Academic Excellence”. Linda Bruce, Executive Assistant to the Mayor presented the 2007 Awards for Academic Excellence to Local Students. Sheacknowledged the following students who were unable to attend tonight’s Council meeting due to family commitments or conflicting schedules with their school graduation ceremonies and who had previously received their awards: Christine Verwoerd - Durham Christian High School Sharon Trauzzi - Mother Teresa Elementary School Alex Drever - St. Joseph's Elementary School Amy Hutchinson - Dr. G.J. MacGillivray Public School Emily Giguere - Lydia Trull Public School and Caitlin Warden - S.T. Worden Public School. Council Meeting Minutes - 3 - JUNE 25, 2007 Linda Bruce advised the student receiving the award for Clarington Central Secondary School is Justin Buyukozer. Justin was unable to attend the event this evening, but will be receiving his award at his graduation ceremony on November 2, 2007. Mayor Abernethy congratulated this year’s recipients and presented plaques to the following graduating students from Clarington Elementary Schools: Kasia Kalyk - Knox Christian School Jordan Bussanich - Good Shepherd Elementary School Melissa Szopa - Monsignor Leo Cleary Elementary School Maddison Bibby - St. Elizabeth Elementary School Tanya Bandula-Irwin - St. Francis of Assisi Elementary School Courtney Pender - St. Stephens Elementary School Amanda Wilkins - Bowmanville Senior Public School Meaghan Sherban - Courtice North Public School Kaitlyn Humphrey - Dr. Emily Stowes Public School Dylon Shaw - Dr. Ross Tilley Public School Carleen Lawson - Harold Longworth Public School Adam Taylor - John M. James Public School Tayler Benko - M.J. Hobbs Senior Public School Amanda Connolly - The Pines Senior Public School, and Stephanie Spencer - Waverly Public School Mayor Abernethy congratulated this year’s recipients and presented plaques and cheques to the following graduating students from Clarington Secondary Schools: Meagan Douglas - St. Stephens Secondary School Colleen Bathe - Holy Trinity Secondary School Melissa Anyan - Bowmanville High School Jessica Abraham - Clarke High School Kaitlyn Majesky - Courtice Secondary School Kiloran German, Member, Ontario Heritage Trust Board of Directors, addressed Council on behalf of the Honourable Lincoln M. Alexander, Chair of the Ontario Heritage Foundation, to honour three Clarington citizens as part of the Heritage Community Recognition Program. Kiloran German recognized the achievements of Jim and Margaret Coombes, award recipients in the Built Heritage Category, for their efforts in preserving and restoring a fieldstone farmhouse constructed in the 1800’s and for being instrumental in bringing about changes to Ministry of Transportation procedures regarding relocation of heritage buildings potentially in the route of the proposed Highway 407. Ms. German provided a brief history of the Cole family property originally located at 5690 Acres Road and its significance to the Coombes’ family. She stated the farmhouse was purchased by Jim and Margaret Coombes and in 2004, was relocated to its new location at 4675 Bethesda Road. Ms. German noted Jim and Margaret Coombes Council Meeting Minutes - 4 - JUNE 25, 2007 have since been painstakingly restoring the house to its former glory. In March, 2005 the Coombes’ requested Council to designate the house under Part IV of the Ontario Heritage Act. Ms. German commended Jim and Margaret Coombes for contributing to the preservation of Clarington’s built heritage and presented them with a framed certificate and Ontario Heritage Foundation Achievement Pins. Kiloran German recognized the achievements of Myno Van Dyke, the award recipient in the Cultural Heritage Category, for his significant contribution to the preservation of the cultural heritage of Clarington. Ms. German noted Myno Van Dyke has been an active member of the Newcastle Village and District Historical Society, written a significant number of articles on local history, is a member of the Clarington Museum and Archives Board and has devoted a considerable amount of time to organizing local cultural heritage events. Mr. Van Dyke’s most recent endeavour was seeking the designation of the Walbridge house in Newcastle Village as a cultural heritage resource. His expertise in cultural history also includes automobiles. Mr. Van Dyke’s goals and achievements make him an outstanding volunteer in the protection of Clarington’s cultural heritage. Ms. German commended Myno Van Dyke for contributing to Clarington’s cultural heritage and presented him with a framed certificate and an Ontario Heritage Foundation Achievement Pin. Kiloran German credited Mayor Abernethy and Members of Council for their leadership and efforts with respect to heritage preservation and presented all Members of Council with an Ontario Heritage Foundation pin. She urged Council to use their influence with the Provincial Government to help restore funding to community groups and heritage, and to understand the importance of heritage to quality of life. Ms. German reminded Council that all decisions made today will influence the future generations. Mayor Abernethy presented Maurice Richards with the 2007 Senior of the Year Award. Mayor Abernethy acknowledged Mr. Richards’ many years of voluntary service to the community through local youth bowling and hockey programs and his involvement in fundraising events for community service projects. Mayor Abernethy advised that Mr. Richards has been a dedicated member of the Bowmanville Lions Club for many years and currently is the President of the Board of Directors of the Clarington Older Adult Association. th Inspector Charlie Green, 16 Division, and Superintendent Bob Chapman, Durham Regional Police Service, addressed Council to provide an update from the Durham Regional Police Service (DRPS). Inspector Green advised of the change in command of DRPS last week and extended regrets from incoming Police Chief Mike Ewles who was unable to attend tonight’s meeting due to a scheduling conflict. Inspector Green th stated DRPS is investigating a new station for 16 Division and are in the process of reviewing sites this year with construction anticipated to take place next year. Inspector Green provided a review of plans and initiatives currently being undertaken by DRPS, including the Community Patrol Plan, and highlighted areas of importance. He noted traffic is the number one cause of criminal death in Canada and that DRPS will be requesting funds in next year’s budget for more radar equipment. Council Meeting Minutes - 5 - JUNE 25, 2007 Inspector Green stated a major focus will be in directing patrol to high collision areas and that DRPS will be pushing for photo radar and red light cameras to help minimize th injuries and death. He also informed Council of the new officer in 16 Division assigned to work as a Liaison Officer with local high schools and that another area of focus will be addressing property crime throughout Clarington. Inspector Green th expressed appreciation to Officers from 16 Division who were responsible for road patrol during last week’s funeral for Trooper Darryl Caswell. Superintendent Bob Chapman responded to questions regarding staffing issues. He advised DRPS are conducting a patrol staffing analysis plan which is expected to be concluded this fall that will address the issue of proactive policing activities. Glenn Rainbird, O.C., Chair, and David Clark, CMA, Executive Vice President & CFO, Secretary-Treasurer, Veridian Corporation, addressed Council reporting on the results of Clarington’s investment in Veridian Corporation. Glenn Rainbird reviewed the corporate governance structure and provided an overview of the Board’s perspective on how they are governing. He noted Veridian Connections Inc., their subsidiary electricity distribution company, now has its own separate Board of Directors independent of the Board of Veridian Corporation. Mr. Rainbird advised of the balancing act that must be achieved in order for the Corporation to make a profit, while serving and protecting the interests of their customers, and responding to changes, challenges and conflicting goals among their shareholders and communities. Mr. Rainbird stated Veridian Corporation is financially sound and well-positioned for the future. He highlighted Veridian’s outstanding safety record and Veridian’s dedication to growing the municipality’s investment and their continued commitment to earning Council’s support and the support of the community. Dave Clark advised he was pleased to present a good news report to the shareholders of Veridian, indicating this is the best annual financial report he has ever presented. Mr. Clark stated the decision by Council in 1999 to become a part of Veridian was a very good decision as the Corporation has set a record year in 2006 with a net income of $9 million dollars without compromising safety because of financial success. He stated Veridian rates are lower than average, and that service and reliability is better than Clarington Hydro was able to provide. Mr. Clark summarized by stating the annual report highlights outstanding shareholder return, impressive growth and strong community participation. Mayor Abernethy recognized Howie Edmonston, Veridian Board Member representing Clarington in attendance at tonight’s meeting. Laurie Swami, Director of Licensing, Nuclear Generation Development & Services, Ontario Power Generation – Darlington B Nuclear Generating Station, addressed Council to provide an update on the Darlington B New Nuclear Build. Through the use of a PowerPoint presentation, Ms. Swami provided an overview of the Federal Approval process for new nuclear power plants, highlighted major attributes of the Darlington Nuclear site, reviewed the scope of the project including the preparation of the site for construction, operation and maintenance of up to four nuclear reactors and Council Meeting Minutes - 6 - JUNE 25, 2007 associated facilities for approximately 60 years of full power electricity; the construction, operation and maintenance of appropriate nuclear waste management facilities; and, preliminary planning for decommissioning and abandonment of the nuclear reactors and associated facilities. Ms. Swami outlined timelines associated with the project and reviewed reactor technology and condenser cooling alternatives. She stated the preferred technology and the exact location of the site have not yet been determined. Ms. Swami advised a major part of the project is to involve the public, noting Ontario Power Generation is in the process of planning open houses to solicit comments from the public. She noted they are in the first phase of the project and it will be a lengthy process before a new plant will be in service. Ms. Swami thanked Council for providing OPG with the opportunity to provide an update and stated OPG would be pleased to update Council throughout the process. Ms. Swami advised of the website to access www.opg.com/newbuild for further information. In response to a question, Laurie Swami advised there is a meeting tomorrow th evening, June 26, from 7:00 p.m. to 9:00 p.m. at LaGala in Whitby which is open to the public and at which representatives from OPG will be in attendance to answer questions. Resolution #C-344-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Rules of Order be suspended to allow Martha Rutherford-Conrad to th address Council concerning Orono’s 175 Anniversary Celebration. “CARRIED” DELEGATIONS Resolution #C-345-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Rob Howe, George Van Dyk, Tenzin Gyalston and Wayne Ellis be added to the list of delegations. “CARRIED” John Morand, Global Emissions Systems Inc. addressed Council to speak to the Federation of Canadian Municipalities (FCM) “Partners in Climate Protection” Program, a program established to support municipal government in their commitment to reduce greenhouse gas emissions at the corporate and community level and to introduce Canadian technology developed by Global Emissions systems Inc. that effectively deals with emissions from combustion engines. Through the use of a PowerPoint presentation, Mr. Morand highlighted a series of best practices which would help the Municipality reduce the carbon footprint and suggested several Council Meeting Minutes - 7 - JUNE 25, 2007 recommendations that will produce measurable results; while having a positive impact on the budget. Mr. Morand requested Council to permit staff to meet with Global Emissions Systems Inc. and Caledon Propane to further discuss how to achieve the requirements of the FCM program. In response to a question, Mr. Morand advised they have installed units in Markham, Vaughan and Burlington. Mayor Abernethy advised there will be a Public Information Centre tomorrow, th June 26, at the Garnet B. Rickard Centre from 4:00 p.m. until 8:00 p.m. regarding the 407 East Environmental Assessment, noting the results of the evaluation of the refined route alternatives will be presented along with a technically recommended route. Tom Cauchon and Chigweyaru Agbaru addressed Council concerning Item 11 of Report # 1 - Offer of Compensation and Notice Requiring respecting the Expropriation of Lands for Bowmanville Waterfront District Park. Ms. Agbaru requested they be permitted to remain in their home until the end of January, as the offer of compensation they have received is not satisfactory and they will require more time to find to a suitable replacement for their property. Robert Bouley addressed Council advising he lives on Concession Road 5 and the entrance to the field east of his property was not replaced following construction on the road ten years ago. Mr. Bouley stated he requires an entrance to the field so that he can access the south farm. Mr. Bouley stated he has been attempting to get this situation fixed for over two years and is now appealing to Council to direct staff to do the work that is necessary to rectify the problem. Mr. Bouley advised Susan Bouley would not be addressing Council at this time. Aiden Tombs, Emily Manns, and Kimberley Dewing - Students Against Global Warming, addressed Council to provide suggestions they feel the municipality could do to address global warming. Aiden Tombs feels the issue of car idling needs to be investigated and dealt with. He noted the municipality’s response to his suggestion to pass an anti-idling by-law was that it would be too hard to enforce. Mr. Tombs feels an anti-idling by-law could be enforced similar to the enforcement of illegal parking. Kimberley Dewing stated there is a lot of dirt being moved around in the Baseline Road area but that nothing seems to be constructed. The resulting pollution is harmful to human health. Emily Manns feels the municipality should require each household to have a certain number of energy-efficient light bulbs and that this be enforced in the same manner as the smoke detector by-law. The students requested the municipality to take action to help current and future generations by creating by- laws and distributing information on ways to prevent global warming. Council Meeting Minutes - 8 - JUNE 25, 2007 Ron Collis addressed Council to provide an update on CAMfest, the Clarington Arts and Music Festival celebration of arts, music and the spirit of Clarington to be held on August 25, 2007 at the Clarington Visual Arts Centre. Mr. Collis highlighted the schedule of events and workshops showcasing art, the work of artisans, live art demonstrations, and all genres of music throughout the day culminating with a performance by noted performer Murray McLaughlin. Mr. Collis advised they have relied on local sponsorship to host the free event as they are not eligible for a Trillium Grant this year and are still looking for local businesses and the public to become sponsors. Mr. Collis noted that Jason Skinner, a young artist; has come up with a unique idea for a commissioned piece of work and requested Members of Council to donate a piece of underwear for this artwork. He acknowledged and thanked members of the CAMfest Committee and advised those interested to access their website www.camfest.ca for further information. David Kelly, Chair, Clarington Accessibility Advisory Committee, addressed Council to present the 2007 Accessibility Plan. Mr. Kelly provided background information on the formation and mandate of the Committee which provides a venue to promote the message that accessibility is everyone’s business. He highlighted events and activities held throughout the year including information booths, the Rick Hansen “Wheels in Motion” event, funding of wheelchair accessible picnic tables, providing assistance to a local family with the conversion of a van for wheelchair accessibility, and noted the positive learning experience staff received on Sensitivity Training. Mr. Kelly outlined plans for the coming year and reported on Committee suggestions for the Newcastle Library. Mr. Kelly summarized by stating the Committee is attempting to move forward to ensure the goals in accordance with the Ontarians With Disabilities Act are reached by 2010 by making all aspects of life accessible for all. He further advised he hoped to play an active role in the CAMfest event and that part of the municipality’s mandate should be to meet with the Committee regarding staging of special events. Resolution #C-346-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 9:25 p.m. Mayor Abernethy stated a pecuniary interest with respect to the delegation of Richard Ward 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. Council Meeting Minutes - 9 - JUNE 25, 2007 Richard Ward addressed Council expressing concern with the campaign expense report of Mayor Abernethy. Mr. Ward feels Mayor Abernethy overspent the allowable maximum due to the large number of election signs that were posted. He also feels that the Mayor’s campaign was run similar to a federal election campaign. Mr. Ward also suggested that Council reject the request to audit the election financial returns of John Mutton. Mayor Abernethy resumed the Chair. Gerald Brown addressed Council concerning the 2008 budget process. Mr. Brown feels that budget deliberations should be taking place now as Council needs to set achievable goals and take more time to access options. He expressed concern that Clarington’s debt has doubled, taxes have increased substantially and that reserve funds should not be used to lower taxes. Mr. Brown feels Clarington cannot afford tourist attractions and recreation facilities and that there should be a user-pay system in place. He further stated that Council should spend less, reduce expenses by freezing wages and hiring, roll back wages, curb hiring consultants, refuse to accept downloading from upper levels of government, and sell Total Hockey to the private sector. Mr. Brown urged Council to bring in a budget in 2008 with a zero property tax increase. Peter Scott addressed Council concerning Item 3 of Report # 1 - Application to Amend the Official Plan - Port of Newcastle Harbourview Ltd. stating he has a petition of over 135 names from area residents of the Port that are opposed to this Official Plan Amendment. Mr. Scott feels that while the provisions of the Planning Act were followed, the notification process was flawed in that there are many buyers who have purchased homes but have not yet taken title. He stated information is critical and that no where in the subdivision is there a sign illustrating what the land use is. He expressed concern that little information is available in the sales pavilion and that the amendment is based on conceptual plans. Mr. Scott stated transportation will be an issue as access to the development will be through existing residential areas. Mr. Scott feels that residents of Bond Head will be interested in this development and urged Council to make the right decision concerning the application as the impact on the Port of Newcastle will be permanent. Carroll Nichols addressed Council concerning Energy From Waste, an issue he has followed for 30 years as a resident living beside the Wesleyville Generating Station. Mr. Nichols stated he feels he must comment on an alternative to incineration as he believes all alternatives have not yet been evaluated. Mr. Nichols reviewed the method of plasma gasification, a clean system over 100 years old that produces no emissions, and highlighted its advantages. Mr. Nichols feels Durham Region should make use of this system and set an example for other areas that will be considering alternatives to landfill. He noted there is a facility being built in Red Deer, Alberta and one near Ottawa. Mr. Nichols feels that putting gasses into the air creates the same problem as putting garbage in landfill due to the effects on health and the environment. He feels plasma gasification is a good alternative and suggested Council Meeting Minutes - 10 - JUNE 25, 2007 Council read all information available on the subject. Mr. Nichols submitted information on a comparison of plasma gasification vitrification technology versus a standard incineration process. Shirley Crago addressed Council concerning Energy From Waste urging Council to turn their backs on incineration and look at other options. She suggested Council investigate why other cities have changed their mind on incineration and feels that incineration is a thing of the past that creates toxins, increases traffic and still requires landfill. Ms. Crago suggested all forces be combined to fight the issue of incineration and that a more economical, user-friendly system be researched and constructed in a location that would cause less traffic and less damage to human health and the environment. Paul-Andre Larose, PhD, addressed Council concerning Energy From Waste requesting Council consider the enormity of the issue, the undeniability of the scientific evidence and the irreversibility of the decision, including financial implications, of whether Clarington becomes the host of an incinerator. Dr. Larose presented realities associated with the incineration issue, including public health issues, and suggested Council should adopt a precautionary approach that would see the design determined safe before implementation, rather than being proven unsafe after implementation. Dr. Larose highlighted additional inter-relationships associated with incineration and advised there is an endless list of factors that need to be addressed. Dr. Larose urged Council to reject incineration as a way to address the garbage issue as there are no safe minimum exposure levels and doses of toxins; incineration will not eliminate the need for landfill; technology should not be accepted simply because it meets current standards in force; and technology that has a negative impact on the public and environmental health should not be considered as suitable for waste management purposes. Dr. Larose submitted a copy of his comments in writing. Kerry Meydam addressed Council concerning the Durham/York Residual Waste EA expressing concern with the entire process. She stated that while 31 Public Information Sessions were held from 2004 to 2007, several of those were simply giving background information on what had already been decided and there were very few sessions over the course of the 2 ½ years actually held in Clarington. She expressed concern that other alternatives have not been given serious consideration including the Zero Waste Strategy. Ms. Meydem noted that in Europe incineration effectively eliminates further advances in waste diversion, and encourages more waste being streamed toward the incinerator rather than focusing on extended producer responsibility, reduce, reuse and recycling efforts to maximize waste diversion. Ms. Meydam feels that investigation should concentrate on increased waste diversion to achieve much higher rates, newer technologies should be looked at to possibly site a small, enclosed system, plasma or other facility provided it can be proven that such a system would not release toxic emissions into the air, or investigate using available stabilized landfill for the reduced amount of residual waste left over after improving the diversion program. Ms. Meydem feels the process has been less than truthful and transparent and that the residents of Clarington and Durham deserve better. Ms. Meydem submitted her comments in writing. Council Meeting Minutes - 11 - JUNE 25, 2007 Dr. Deb Jefferson addressed Council concerning Energy From Waste stating construction of a thermal waste facility is in contravention of the Stockholm treaty and national law. She feels it is irresponsible to construct a facility that will add toxic emissions to the atmosphere causing numerous health issues. Dr. Jefferson stated the decision could end up being determined on financial issues and questioned why a potentially dangerous technology should be considered for a return of producing a small amount of electricity. Dr. Jefferson urged Council to consider the direction they are taking and to let Durham Region know that Clarington is not a willing host for this facility. In response to questions, Dr. Jefferson advised that statistics indicate that there have been an increase in asthma and other respiratory illnesses with the increase in pollution. Jim Richards addressed Council concerning the Durham-York Energy From Waste EA advising that the Municipality must hold firm regarding Regional funding of the peer review studies and insist on whatever funds are necessary to complete the studies to do their due diligence. Mr. Richards feels the trip to Europe is a waste of time and taxpayers money as the tour is being arranged by a subsidiary of the consultant who is promoting the incinerator for Durham. Mr. Richards expressed concern that Durham Region will be responsible for 88% of the total cost of the project in light of York Region scaling back their financial commitment from 50% to 12% and that the Generic Human Health and Ecological Risk Assessment Study claims to have assessed toxic chemicals that will be emitted from the smokestack to be within acceptable levels when there are no acceptable levels for carcinogens. Mr. Richards is concerned the entire process revolves around a hypothetical circumstance and that building an incinerator will serve as a disincentive to reducing, re-using and recycling and will not eliminate the need for landfill. He urged Council to stop the entire process now and revisit the alternatives to incineration, support an aggressive zero waste strategy and declare that Clarington is not a willing host community. Mr. Richards submitted his comments in writing. Wendy Bracken addressed Council concerning the Durham/York Residual Waste Study. She stated that approximately one year ago there were three major incinerator facilities proposed around Lake Ontario. Now, Niagara-Hamilton have abandoned plans for an incinerator, deciding instead to invest in a more aggressive diversion program, and the Region of Halton has since voted unanimously to say no to incineration. Ms. Bracken questioned the contrast in what Durham Regional Council currently thinks about thermal treatment/incineration. She stated Regional Council recently approved a motion to allow staff to look at “oversizing” the current proposal. Ms. Bracken is questioning the logic of expanding the facility in light of health concerns and expert opinions that emissions will increase directly in proportion to the capacity of the facility. She stated dioxins and furans are slated for virtual elimination under National legislation and International treaties and feels construction of a thermal treatment facility, if built, is in contravention to that direction. Ms. Bracken expressed concern that the country’s incinerators affect not only the nearby people, but the entire Council Meeting Minutes - 12 - JUNE 25, 2007 population through the food supply. Ms. Bracken urged Council to put politics aside and do what is right for both present and future residents of Clarington. Ian Smythe and Stan Kinsman, N Tech Environmental addressed Council concerning Energy From Waste. Ian Smythe advised that N Tech has been working for the past four years locally to provide sustainable solutions to waste management. Through use of a PowerPoint presentation, Stan Kinsman highlighted the technical process of the N Tech alternative to landfill and outlined the benefits to the Region as an alternative to incineration. Mr. Kinsman stated their company builds, owns and operates the plants relying on waste contracts with the municipality. He projected the Region could potentially save $2.3 million dollars per year for the next 20 years by choosing the N Tech Solution. In response to questions, Stan Kinsman stated there are no sites currently in North America, however they will be in Mexico next month and are currently working on other locations in the United States and in Canada. Linda Gasser addressed Council concerning the Durham/York Residual Waste EA urging Council to ensure that all necessary studies are undertaken, including studies that are not commissioned by the Region, and that Council read the health studies in order to make an informed decision. Ms. Gasser questioned if current regulatory standards are effective, why are 1 in 3 people getting cancer. Ms. Gasser feels it is critical to look at health standards. Karen Buck addressed Council concerning Energy From Waste stating the generic health study should have been based on World Health Organization standards for dioxin levels. She noted the Ontario Medical Officers of Health have recognized that critical air pollution is contributing to significant illnesses, and to add to that would be a mistake. Karen Buck believes it to be everyone’s job to eliminate waste, not continue to try to manage it, and to eliminate release of dioxins. She stated waste is a design flaw that should be addressed at the source. Rob Howe, Goodmans LLP addressed Council on behalf of West Diamond Properties Inc. and Players Business Park Ltd. concerning Report #4 – Amendments to Principles of Understanding between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. Mr. Howe stated his client is in support of the staff recommendations in Report PSD-088-07 and he is in attendance to answer any questions. George Van Dyk addressed Council concerning municipal taxes advising he has been a citizen of Clarington for over 52 years and has never experienced such a high tax increase. He expressed concern that the only thing that has not doubled since 1994 is his income. He questioned how residents on pensions and disability will be able to afford to live in the community and thinks it is unfair that the ones who built the community will be the ones who will have to move on. Mr. Van Dyk stated the Total Hockey Museum was supposed to be a money-maker but is not, and he suggested the museum be shut down. Council Meeting Minutes - 13 - JUNE 25, 2007 In response to a question, Mr. Van Dyk stated he would support a cap of 2% on next year’s taxes. Tenzin Gyaltson addressed Council concerning Energy From Waste advising that as a business owner in Newcastle he has contact with many local residents and that the public are not fully informed on the issue. He noted that initial reaction from the public was that it was a good idea but now people are starting to see the health implications and the stigma attached to such a facility. Mr. Gyalston also questioned the effect the facility would have on the ability to attract tenants to the Energy Park. Wayne Ellis addressed Council concerning Energy From Waste urging Council to publicly declare this evening that Clarington opposes the building of an incinerator in the area. Mr. Ellis stated the Regions of Niagara and Halton and the Township of East Gwillimbury have said no to incineration based on facts. He expressed concern the Region of York has reduced its financial commitment to the project to a mere 12%. Mr. Ellis stated there is a move away from incineration and that no one can deny the potential negative health and environmental concerns. Mr. Ellis feels the answer to managing garbage lies in sustainable landfill and an increase in the 3R’s – reduce, re- use and recycle. He feels there needs to be a change in the public’s habits on consumerism and that Council is in a position to set more aggressive targets for waste th diversion. Mr. Ellis challenged Council to add a 4 R – to Refuse incineration. th Martha Rutherford-Conrad addressed Council concerning the 175 celebration of Orono highlighting the events and activities for the grand celebration this weekend on Friday, Saturday and Sunday, June 29 to July 1, 2007. She advised of a change in the program to include a CF-18 Fly-over and aerial display over Orono on Saturday. Due to the increased noise levels associated with the inclusion of the fighter jet, Ms. Rutherford-Conrad stated the pilots have requested a public notice be placed in the local papers to advise the public of the display. Resolution #C-347-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 12:07 a.m., Tuesday, June 26, 2007 Council Meeting Minutes - 14 - JUNE 25, 2007 COMMUNICATIONS Resolution #C-348-07 Moved by Councillor Woo, seconded by Councillor Foster THAT the communications to be received for information be approved, except Items I - 6 and I - 11. “CARRIED” I - 1 Minutes of the Clarington Highway 407 Community Advisory Committee dated June 6, 2007. I - 2 Minutes of the Ganaraska Region Conservation Authority dated May 17, 2007. I - 3 Minutes of the Clarington Heritage Committee dated May 15, 2007. I - 4 P. M. Madill, Regional Clerk, Region of Durham forwarding Confidential Report #2007-J-18. I - 5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on May 30, 2007, the Region of Durham endorsed the Municipality of Clarington’s resolution pertaining to self-serve gas stations. I - 7 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) forwarding CLOCA’s 2007 Budget Report approved on May 15, 2007, for information. I - 8 Judith Maxwell, Bowmanville New Horizons Band, thanking Council for providing them with a grant for 2007. I - 9 Mary Dunlop, Durham Youth Housing & Support Services (DYHSS), thanking Council for providing DYHSS with the opportunity to share information with respect to the organizations’ goal to open a 10-bed youth shelter in 2007 and extending an invitation to Council to contact her to obtain further information on the project or to visit their website at http://www.durhamyouth.com. Council Meeting Minutes - 15 - JUNE 25, 2007 I - 10 Dan Remollino, MTO Project Manager, Ministry of Transportation and Doug Allingham, Consultant Project Manager forwarding the June 2007 issue of the 407 East Environmental Assessment Newsletter advising of Public Information Centre #3 which will present the results from the evaluation of the refined route alternatives and present a technically recommended route. A Public Information Centre will be held in Clarington on Tuesday, June 26, 2007, from 4:00 p.m. to 8:00 p.m. at the Garnett Rickard Complex. I - 12 Joanne Paquette, Communications Officer, Region of Durham, inviting members of the public to view the recent findings of a Generic Human Health and Ecological Risk Assessment Study (HHRA) undertaken for the Durham/York Residual Waste Study which considered possible risks to human and ecological life at the five short-listed sites, based on data from existing area facilities and Ontario emissions guides. This report is not meant to replace a detailed, site-specific study, which will be undertaken when the technology, vendor and preferred site has been determined. The report is available online at www.durhamyorkwaste.ca, or to request a hard copy or CD by calling 905-307-8628 (1-866-398-4423) or by e-mailing info@durhamyorkwaste.ca. There will be an opportunity for feedback at the public information sessions in Clarington on June 20, 27 and 28, 2007. Councillor Novak stated a pecuniary interest with respect to Correspondence Item I - 6 as it relates to General Motors of Canada Limited and she has family members affiliated with GM. Councillor Novak vacated her chair and refrained from discussion and voting on this matter. I - 6 David Paterson, Vice President Corporate & Environmental Affairs, General Motors of Canada Limited, thanking Clarington Regional Councillors and Members of Durham Regional Council for their decision to eliminate the optional large industrial tax class in 2007, and to merge the industrial tax classes with a tax ratio of 2.2598 which demonstrates Regional Council’s commitment to creating a competitive tax environment supporting industry and economic activity. Resolution #C-349-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence I - 6 be received for information. “CARRIED” Council Meeting Minutes - 16 - JUNE 25, 2007 I - 11 Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation, responding to concerns over fish kill on Lake Scugog advising that staff of the Conservation Authority have been working with the Ministry of Natural Resources who have sent samples away for analysis. The correspondence indicates that the current carp die off does not appear to be connected to weather conditions and that the definitive cause of death will not be known until lab analysis is completed. In response to inquiries regarding removal of fish from property, Durham Regional Works Department is requesting residents not to place the fish out for regular garbage pick up or municipal organic kitchen composting but to bury them to a depth of at least one foot to discourage wildlife from digging them up. Resolution #C-350-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence I - 11 be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-351-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda, including hand-out Correspondence D - 9, with the exception of Items D - 3, and D – 5 to D - 9, inclusive. “CARRIED” D - 1 Derrick McKay, Race Director and Kim Corrigan-Oliver, Assistant Race Director, Courtice Kids of Steel Triathlon requesting permission to host the Courtice Kids of Steel Triathlon, an endurance multi-sports event involving swimming, biking and running on August 26, 2007; enclosing a map of the biking and running routes and advising $5,000,000 liability insurance has been arranged. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 17 - JUNE 25, 2007 D - 2 Christine Jacobs, requesting permission to close Old Scugog Road between Regional Road 3 and Potter’s Lane on Saturday, th September 15, 2007, for the 10 Annual Street Dance and Barbecue hosted by the Enniskillen United Church. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 John D. Morand, Chief Operating Officer, Global Emissions Systems Inc. and Craig Engel, President & CEO Caledon Propane providing background information on Canada’s commitment to the Kyoto Protocol, the Federation of Canadian Municipalities “Partners in Climate Protection” Program, the effects of Global Warming and advising of technology developed by Global Emissions Systems Inc. available to effectively address greenhouse gases and other toxic gases which create health problems. The correspondence outlines a proposal for the Municipality to work with Global Emissions Systems to formulate procedures and practices to install emission control devices, educate staff, Council and the public on best practices to reduce costs for fuel and tires, reduce greenhouse gases and to create a healthier community. (Correspondence referred to staff) D - 5 John Greenfield, Royal Canadian Legion, requesting Council to consider the name ‘Caswell’ for a Veterans Street Name Sign in the Bowmanville area in memory of Trooper Darryl James Caswell, a well known Bowmanville resident, who was killed in action June 11, 2007, in Kandahar, Afghanistan. Resolution #C-352-07 Moved by Councillor Woo, seconded by Councillor Robinson WHEREAS Trooper Darryl Caswell fulfils the qualification of the Municipality of Clarington by-law for the naming of a municipal street under the Veterans Street Name Sign, as he was a resident of the Municipality of Clarington and is a deceased veteran: BE IT RESOLVED THAT at the earliest availability, a municipal street in Bowmanville be named in honour of Trooper Darryl Caswell. “CARRIED” Council Meeting Minutes - 18 - JUNE 25, 2007 D - 6 J. A. Wynn, Newcastle-Bond Head Ratepayers Association expressing concern with the speed and volume of traffic on Mill Street in Newcastle and requesting the immediate installation of traffic lights at the intersection of Edward Street and Mill Street or, alternatively, the implementation of four-way stops to address safety concerns. Resolution #C-353-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 6 be referred to the Director of Engineering Services and to the Regional Municipality of Durham. “CARRIED” D - 7 Janet Beckett, City Clerk, City of Port Colborne, advising Council that on May 14, 2007, the City of Port Colborne passed the following resolution pertaining to salvia divinorum: “WHEREAS Salvia Divinorum is a perennial herb native to Mexico that is legally available for purchase in Canada by all persons, including minors, at corner stores, pharmacies and through the internet; AND WHEREAS the active constituent salvinorin A is the most potent hallucinogen known, causing the onset of hallucinogenic activity within five to ten minutes of being chewed and within 30 seconds of being inhaled; AND WHEREAS the effects of salvia divinorum include psychic effects such as the perceptions of bright lights, vivid colours and shapes, as well as body movements and body or object distortions, other effects including dysphoria, uncontrolled laughter, a sense of loss of body, overlapping realities and hallucinations and adverse physical effects such as incoordination, dizziness and slurred speech; AND WHEREAS salvia divinorum and/or salvinorin A have been placed under regulatory controls in Australia, Belgium, Denmark, Estonia, Finland, Italy, Spain and Sweden and in the States of Louisiana, Delaware, Missouri, Tennessee and Oklahoma; AND WHEREAS the federal department Health Canada, headed by the Minister of Health, is responsible for helping Canadians maintain and improve their health and also for developing legislation and regulations, policies and operations that support the control of illicit drugs and other substances; Council Meeting Minutes - 19 - JUNE 25, 2007 AND WHEREAS the Council of the Corporation of the City of Port Colborne believes that the availability of salvia divinorum and the risks associated with its use, particularly by adolescents and young adults, threatens the health of Canadians and out-weighs any benefits the substance offers; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Port Colborne petitions the Minister of Health to immediately call for Health Canada to undertake a review of salvia divinorum and its derivatives to determine the risks associated with the use of this substance and its widespread availability and with a view to taking the same proactive stance on the regulation of this substance for the health and safety of Canadians as other nations have for their citizens; AND FURTHER THAT a copy of this resolution be circulated to J. Maloney, M.P. and to AMO for circulation to all municipalities in Ontario for their consideration and endorsement.” Resolution #C-354-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 7 be received for information. “CARRIED” D - 9 Richard Coglon, P. Eng., Project Manager, Compression Projects, TransCanada PipeLines Limited, advising that the ongoing strike by the Ontario Labourer’s Union is disrupting construction on the addition of the new natural gas compressor unit on Langmaid Road and requesting approval for TransCanada to allow its contractor to work beyond the standard Monday to Saturday, 7:00 a.m. to 700 p.m. working hours to permit a 10 hour shift for five Sundays, from 7:00 a.m. to 5:00 p.m. If approved, the additional shift would start the first Sunday after the end of the strike but that Sunday, July 1 would not be worked. Council Meeting Minutes - 20 - JUNE 25, 2007 Resolution #C-355-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the request from TransCanada PipeLines Limited for permission to work a 10 hour shift for five Sundays commencing the first Sunday following the end of the Ontario Labourer’s Union strike be endorsed. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Correspondence Items D - 3 and D - 8 as they relate to his Election Campaign. Mayor Abernethy vacated his chair and refrained from discussion and voting on these matters. Councillor Trim chaired this portion of the meeting. D - 3 Sean Keene enclosing a copy of a complaint he has forwarded to the Ministry of Municipal Affairs and Housing outlining perceived improper, unethical and illegal actions of the Municipality of Clarington during the 2006 Election period. Resolution #C-356-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 3 be referred to the Municipal Clerk. “CARRIED” D - 8 Luke Prout, Cynthia Prout, John Thompson, Sean Keane and George VanDyk submitting a formal request to have the Election Financial returns of John Mutton audited to ensure compliance with the requirements of the Municipal Elections Act. Resolution #C-357-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request for a Compliance Audit of the election financial returns of John Mutton, as requested by Luke Prout, Cynthia Prout, John Thompson, Sean Keane and George VanDyk be granted; THAT Horn Almand Chartered Accountants be appointed as the auditor to conduct the Compliance Audit; and Council Meeting Minutes - 21 - JUNE 25, 2007 THAT Luke Prout, Cynthia Prout, John Thompson, Sean Keane, George VanDyk and John Mutton be advised of Council’s decision. “MOTION CARRIED 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 Woo v Councillor Trim v Mayor Abernethy v Mayor Abernethy resumed the chair. MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report June 18, 2007. Resolution #C-358-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 18, 2007, be approved, with the exception of Items # 2(c) and #41. “CARRIED” Item #2(c) Resolution #C-359-07 Moved by Councillor Robinson, seconded by Councillor Trim th WHEREAS 2007 marks the 175 anniversary of the Village of Orono; AND WHEREAS various activities are planned for the weekend on June 30, 2007 to celebrate the anniversary: Council Meeting Minutes - 22 - JUNE 25, 2007 th NOW THEREFORE BE IT RESOLVED THAT permission be granted for the 175 Anniversary Committee to hold a fireworks display in Orono Park on June 30, 2007, provided the organizers apply for and obtain the required permit from the Municipal Clerk’s Department; THAT any associated fees for the required permit be waived; and th THAT the 175 Anniversary Committee be advised of this decision. “CARRIED” Item #41 Resolution #C-360-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Confidential Report COD-028-07 be tabled to the GPA meeting of July 30, 2007. “CARRIED” Report # 2 – Report CLD-026-07 - 2007 Accessibility Plan in Accordance with the Ontarians with Disabilities Act Resolution #C-361-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report CLD-026-07 be received; THAT the 2007 Accessibility Plan attached as Schedule A to Report CLD-026-07 be adopted in accordance with the Ontarians With Disabilities Act; and THAT the Accessibility Advisory Committee be thanked for their ongoing commitment and work. “CARRIED” Report # 3 – Report PSD-087-07 - Application for Removal of Holding Symbol - Labno Developments Corporation Council Meeting Minutes - 23 - JUNE 25, 2007 Resolution #C-362-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-087-07 be received; THAT the application submitted by Labno Developments Corporation to remove the Holding (H) symbol from the lands identified as 570 Longworth Avenue on the northwest corner of Liberty Street North and Longworth Avenue, be approved and that the by-law attached to Report PSD-087-07 be passed; and THAT all interested parties listed in Report PSD-087-07 and any delegations be advised of Council's decision. “CARRIED” Councillor Hooper stated a declaration of pecuniary interest with respect to Report #4 as he was the Chair of the Bowmanville BIA and was involved in the negotiations. Councillor Hooper vacated his chair and refrained from discussion and voting on this matter. Report # 4 - Report PSD-088-07 - Amendments to Principles of Understanding between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc., and Certain Other Agreements to Permit Servicing of Players/West Diamond’s Commercial Land Resolution #C-363-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-088-07 be received; THAT the draft Servicing Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Royal Bank of Canada be approved and a By- law (Attachment 8 to Report PSD-088-07) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a Servicing Agreement with such parties substantially in the form of the draft Agreement contained in Attachment 3 to Report PSD-088-07 be passed; THAT the draft First Principles of Understanding Amendment Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc., Royal Bank of Canada and 672003 Ontario Limited be approved and a By-law (Attachment 9 to Report PSD-088-07) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an Agreement with such parties substantially in the form of the draft Agreement contained in Attachment 4 to Report PSD-088-07 be passed; Council Meeting Minutes - 24 - JUNE 25, 2007 THAT the draft Assumption Agreement with Royal Bank of Canada and others be approved and a By-law (Attachment 10 to Report PSD-088-07) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement with such parties substantially in the form of the draft Agreement contained in Attachment 5 to Report PSD-088-07 be passed; THAT the draft Assumption Agreement with 672003 Ontario Limited and others be approved and a By-law (Attachment 11 to Report PSD-088-07) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement with such parties substantially in the form of the draft Agreement contained in Attachment 6 to Report PSD-088-07 be passed; THAT the draft Subdivision/Consent Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Royal Bank of Canada be approved and a by-law (Attachment 12 to Report PSD-088-07) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a Subdivision/Consent Agreement substantially in the form of the draft Agreement contained in Attachment 7 to Report PSD-088-07 be passed; and THAT all interested parties listed in Report PSD-088-07 and any delegations be advised of Council’s decision . “CARRIED” Report #5 - Report COD-041-07 - Tender CL2007-27 - Green Road and Stevens Road Reconstruction Resolution #C-364-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-041-07 be received; THAT Fernview Construction Limited, Bolton, Ontario with a total bid in the amount of $1,712,675.53 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-27 be awarded the contract for the Green Road and Stevens Road Reconstruction as required by the Engineering Department contingent upon on the Developer’s funds being secured in full per the Stevens Road Extension Agreement and External Metrus Services Agreement with the Municipality; Council Meeting Minutes - 25 - JUNE 25, 2007 THAT funds required in the amount in the amount of $1,982,960.81 (which includes $1,988,264.91, tendering, consulting and contingencies and less the Durham of Region portion) be drawn from Engineering 2007 Capital Accounts # 110-32-330- 83298-7401 in the amount of $300,000.00, the Developers Irrevocable Letters of Credit in the amount of $1,405,513.91 and $5,304.10 being provided by the Region of Durham for their portion; THAT the additional funding in the amount of $277,446.90 be drawn from the Move Ontario Government Funding and Development Charges in the amount of $57,126.32 and $220,320.58 respectively and transferred to Capital Account # 110-32-330-83298- 7401; THAT the tender award be subject to the approval of the Regional Municipality of Durham for their portion of the work; and THAT the By-law marked Schedule “A” attached to Report COD-041-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. “CARRIED” Councillor Woo stated a declaration of pecuniary interest with respect to Report #6 as he is employed by Goodyear Engineered Products Canada Inc. Councillor Woo vacated his chair and refrained from discussion and voting on this matter. Report #6 - Addendum to Confidential Report PD-102-00 - Lease Agreement for Goodyear Engineered Products Canada Inc. Lands in the Bowmanville Creek Valley; Part Lot 12, Concession 1, Former Town of Bowmanville Resolution #C-365-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Addendum to Report #PD-102-00 be received and approved; and THAT a By-law be passed (Attachment #2 to Addendum to Report PD-102-00) to authorize the Mayor and the Municipal Clerk to execute a Lease Agreement with Goodyear Engineered Products Canada Inc. as contemplated by Report #PD-102-00, as amended by Addendum Report PD-102-00. “CARRIED” Council Meeting Minutes - 26 - JUNE 25, 2007 Report #7 - Report EGD-047-07 – Heavy Traffic – Vehicle Weight Restrictions Resolution #C-366-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Report EGD-047-07 be received; THAT the Director of Engineering Services be authorized to designate temporary permissive TRUCK ROUTES and authorize the erection of temporary prohibitive NO HEAVY TRUCK signs; THAT Schedule XXV HEAVY TRAFFIC PROHIBITED of Traffic By-law 91-58 be updated and amended; THAT Schedule XXVI HIGHWAYS EXEMPT FROM WEIGHT RESTRICTIONS of Traffic By-law 91-58 be updated and amended; and THAT the proposed by-law attached to Report EGD-047-07 be approved by Council. “CARRIED” Report #8 - Verbal Report of the Solicitor - Legal Matter Report #9 - Verbal Report of the Solicitor - Legal Matter Resolution #C-367-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Reports #8 and #9, Item #2 of Unfinished Business and Item #1 of Other Business be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” UNFINISHED BUSINESS Mayor Abernethy stated a pecuniary interest with respect to Addendum #2 to Report CLD-020-07 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. Council Meeting Minutes - 27 - JUNE 25, 2007 Addendum#2 to Report CLD-020-07 – Compliance Audit Resolution #C-368-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Addendum #2 to Report CLD-020-07 be received; THAT the Addendum to Report CLD-020-07 be lifted from the table; THAT the Addendum to Report CLD-020-07 be received. “CARRIED” Resolution #C-369-07 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 #C-276-07. “CARRIED” Resolution #C-370-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Resolution #C-276-07 be reconsidered at this time. “CARRIED” Resolution #C-371-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Jeff Rohr, C.A., Laing & Rohr, Chartered Accountants be appointed as the auditor for the compliance audit of the election financial returns of Mayor Jim Abernethy. “CARRIED” Mayor Abernethy resumed the Chair. Council Meeting Minutes - 28 - JUNE 25, 2007 BY-LAWS Councillor Hooper stated a pecuniary interest with respect to By-laws 2007-142, 2007- 143, 2007-144 and 2007-145 as he was the Chair of the Bowmanville BIA and was involved in negotiations. Councillor Hooper vacated his chair and refrained from discussion and voting on this matter. Councillor Woo stated a pecuniary interest with respect to By-law 2007-165 as he is employed by Goodyear Engineered Products Canada Inc. Councillor Woo vacated his chair and refrained from discussion and voting on this matter. Resolution #C-372-07 Moved by Councillor Foster, seconded by Councillor Trim THAT leave be granted to introduce By-laws 2007-142 to 2007-167, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-142 Being a by-law to authorize the Mayor and the Municipal Clerk to execute a Servicing Agreement for certain services to be constructed on Green Road and Stevens Road on behalf of the Municipality of Clarington 2007-143 Being a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute a First Principles of Understanding Amendment Agreement to the Principles of Understanding between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. 2007-144 Being a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement between the Municipality, Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. 2007-145 Being a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute an Assumption Agreement between the Municipality, 672003 Ontario Inc., Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. Council Meeting Minutes - 29 - JUNE 25, 2007 2007-146 Being a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute a Subdivision/Consent Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and the Royal Bank of Canada 2007-147 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington and to repeal By-law 2007-113 (Intracorp Developments Ltd.) 2007-148 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and AMEC E & C Services Ltd., Don Mills, Ontario, to enter into an agreement for Consulting Services, Municipal Peer Review of the Durham/York Energy From Waste Environmental Assessment Study (Approved by Council on May 28, 2007) 2007-149 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Steven Rowe Environmental Planner, Toronto, Ontario, to enter into an agreement for Consulting Services, Municipal Peer Review of the Durham/York Energy From Waste Environmental Assessment Study 2007-150 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and SENES Consulting Limited, Richmond Hill, Ontario, to enter into an agreement for Consulting Services, Municipal Peer Review of the Durham/York Energy From Waste Environmental Assessment Study 2007-151 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and PricewaterhouseCoopers LLP., Toronto, Ontario, to enter into an agreement for Peer Review and Consulting Services, Durham/York Energy From Waste Environmental Assessment Study 2007-152 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (James Tosswill and Emily Wilson) 2007-153 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) Council Meeting Minutes - 30 - JUNE 25, 2007 2007-154 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (289143 Ontario Ltd. – Westvale) 2007-155 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Halloway Holdings Limited) 2007-156 Being a By-law to authorize the execution of a Responsibility Agreement between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham for the operation and maintenance of the sanitary sewer forcemain on Rudell Road and Regional Road Highway 2 2007-157 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the lease of Clarington Beech Centre, 26 Beech Street, Bowmanville, Ontario 2007-158 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and 560789 Ontario Limited, c/o R & M Construction, Acton, Ontario, to enter into agreement for the Colwill Bridge Watercourse Realignment, Bowmanville Creek East Branch 2007-159 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lafarge Paving and Construction Ltd, Oshawa, Ontario, to enter into agreement for the Sidewalk Construction, East Side of West Townline Road, Courtice 2007-160 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Miller Paving Limited, Whitby, Ontario, to enter into agreement for the Asphalt Resurfacing Contract 1 (Item 25 of Report # 1) 2007-161 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and F.D.M. Contracting Company Limited, Thornhill, Ontario for the Church Street to St. George Street Reconstruction 2007-162 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Baltimore Development & Services Limited, Cobourg, Ontario for the Concession Road 3 Bridge Rehabilitation at Pollard Council Meeting Minutes - 31 - JUNE 25, 2007 2007-163 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd, Whitby, Ontario for the Elgin Street Reconstruction 2007-164 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Labno Developments Corporation) 2007-165 Being a by-law to repeal By-law 2000-172 and to authorize the entering into of a Lease Agreement with Goodyear Engineered Products Canada Inc. respecting certain lands in the Bowmanville Creek valley as recommended by Addendum to Report #PD-102-00 2007-166 By-law regarding Report EGD-047-07 – Heavy Traffic – Vehicle Weight Restrictions 2007-167 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Fernview Construction Limited, Bolton, Ontario for the Green Road and Stevens Road Reconstruction Resolution #C-373-07 Moved by Councillor Foster, seconded by Councillor Trim THAT the third and final reading of By-laws 2007-142 to 2007-167, inclusive, be approved. “CARRIED” Resolution #C-374-07 Moved by Councillor Foster, seconded by Councillor Trim THAT the meeting be “closed” in order to consider legal matters and to consider personal information of applicants for appointment to the Green Community Advisory Committee. “CARRIED” The meeting resumed in open session at 2:00 a.m., June 26, 2007. Council Meeting Minutes - 32 - JUNE 25, 2007 Resolution #C-375-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” OTHER BUSINESS Appointments to the Green Community Advisory Committee Resolution #C-376-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the following individuals be appointed to the Green Community Advisory Committee as representatives of the Community At Large, for a term of four years, coinciding with the term of the appointing Council or until their successors are appointed: ? Amy Burke ? Cathrine McKeever ? Kristin D. McKinnon-Rutherford ? Elva Reid “LOST” Resolution #C-377-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the following individuals be appointed to the Green Community Advisory Committee for a term of four years, coinciding with the term of the appointing Council or until their successors are appointed: ? Gregory Smith, Ontario Power Generation ? Representative of Durham Strategic Energy Alliance ? David Clark, CMA, Executive Vice President & CFO, Secretary-Treasurer, Veridian Corporation ? Ron Collis, CBOT Board Member ? Richard Marceau, University of Ontario Institute of Technology ? Representative of Clarington Secondary School – Green Initiative Committee ? Helen Bajorek MacDonald – Representative of the Community at Large ? Amy Burke – Representative of the Community at Large ? Elva Reid – Representative of the Community at Large and Council Meeting Minutes - 33 - JUNE 25, 2007 ? Kristin D. McKinnon-Rutherford – Representative of the Community at Large ? Glen Murphy, Durham Chapter of the Greater Toronto Home Builders’ Association – Urban Development Institute; and THAT all applicants be thanked for their interest in the Committee. “CARRIED” Appointment – Acting/Deputy Head of Council Resolution #C-378-07 Moved by Councillor Trim, seconded by Councillor Foster THAT the Rules of Order be suspended to allow for introduction of motion to appoint an Acting Head of Council for the period July 3 to July 12, 2007. “CARRIED” Moved by Councillor Trim, seconded by Councillor Woo WHEREAS Mayor Abernethy and Deputy Mayor Trim will be out of the Country for on Regional Business concerning Energy From Waste: NOW THEREFORE BE IT RESOLVED THAT Councillor Gord Robinson be appointed the Deputy Mayor for the period July 3 to July 12, 2007. “CARRIED” UNFINISHED BUSINESS Resolution #C-379-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentations of Inspector Charlie Green and Superintendent Bob Chapman, Durham Regional Police Service, be received with thanks. “CARRIED” Resolution #C-380-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentations of Glenn Rainbird, O.C., Chair and David Clark, CMA, Executive Vice President & CFO, Secretary-Treasurer, Veridian Corporation, be received with thanks. “CARRIED” Council Meeting Minutes - 34 - JUNE 25, 2007 Resolution #C-381-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the presentation of Laurie Swami, Director of Licensing, Nuclear Generation Development & Services, Ontario Power Generation, be received with thanks. “CARRIED” Resolution #C-382-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the delegation of Robert Bouley regarding a municipal culvert entrance onto farm property be referred to the Director of Operations. “CARRIED” Resolution #C-383-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the delegation of Aiden Tombs, Emily Manns and Kimberley Dewing regarding Students Against Global Warming be received with thanks. “CARRIED” Resolution #C-384-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the delegation of Ron Collis regarding CAMfest be received with thanks. “CARRIED” Resolution #C-385-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Gerald Brown regarding the 2008 Budget Process be referred to the Director of Finance/Treasurer. “CARRIED” Council Meeting Minutes - 35 - JUNE 25, 2007 Resolution #C-386-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Carroll Nichols regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-387-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Shirley Crago regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-388-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Paul-Andre Larose regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-389-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Kerry Meydam regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-390-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Dr. Deb Jefferson regarding Energy From Waste be received with thanks. “CARRIED” Council Meeting Minutes - 36 - JUNE 25, 2007 Resolution #C-391-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Jim Richards regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-392-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Wendy Bracken regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-393-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Linda Gasser regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-394-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Tenzin Gyaltson regarding Energy From Waste be received with thanks. “CARRIED” Resolution #C-395-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Wayne Ellis regarding Energy From Waste be received with thanks. “CARRIED” Council Meeting Minutes - 37 - JUNE 25, 2007 Resolution #C-396-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the delegations of Ian Smythe and Stan Kinsman, N-Tech Environmental regarding Energy From Waste be received for information. “CARRIED” Resolution #C-397-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of George Van Dyk be referred to the Director of Finance/Treasurer. “CARRIED” BY-LAWS Resolution #C-398-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-168, and that the said by-law be now read a first and second time. “CARRIED” 2007-168 Being a By-law to amend By-law 2006-217, being a by-law to appoint an Acting Head of Council to act in the place of the Head of Council for the Municipality of Clarington Resolution #C-399-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-168 be approved. “CARRIED” Council Meeting Minutes - 38 - JUNE 25, 2007 Resolution #C-400-07 Moved by Councillor Robinson, seconded by Councillor Woo th THAT Martha Rutherford-Conrad, on behalf of the Orono 175 Anniversary Committee, place a public service announcement on Page 2 of the local newspapers regarding the scheduled CF-18 fly-by on Saturday, June 30, 2007, as th part of the Orono 175 Anniversary event. “CARRIED” Mayor Abernethy vacated his chair and Councillor Trim chaired this portion of the meeting. Mayor Abernethy and Councillors Hooper, Novak and Woo stated pecuniary interests earlier in the meeting, and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-401-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2007-169 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the th 25 day of June, 2007, and that the said by-law be now read a first and second time. “CARRIED” Resolution #C-402-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the third and final reading of By-law 2007-169 be approved. “CARRIED” Council Meeting Minutes - 39- ADJOURNMENT Resolution #C-403-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 2:17 a.m., June 26,2007. ( b----- ~ ----- "CARRIED" JUNE 25, 2007 ~