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HomeMy WebLinkAbout07/30/2007 CI_n Council Meeting Minutes July 30,2007 Minutes of a regular meeting of Council held on July 30,2007, at 4:35 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim CouncillorW. Woo Chief Administrative Officer, F. Wu Facilities Manager, Community Services Department, G. Acorn, attended until 5:30 p.m. Director of Engineering Services, L. Benson, attended until 5:30 p.m. Director of Planning Services, D. Crome Solicitor, D. Hefferon Manager of Operations, F. Horvath, attended until 5:30 p.m. Director of Corporate Services, M. Marano, attended until 5:32 p.m. Deputy Treasurer, L. Gordon, attended until 5:30 p.m. Fire Chief, G. Weir, attended until 5:30 p.m. Clerk II, E. Atkinson, attended until 5:30 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated he would be stating a pecuniary interest with respect to Report COD-043-07 (Report #1 ). Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegation of Richard Ward and Correspondence Item I - 14. Council Meeting Minutes - 2 - July 30,2007 MINUTES Resolution #C-411-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on June 25, 2007, and the minutes of special meetings of Council held on June 25 and July 12, 2007, be approved. "CARRIED" DELEGATIONS Resolution #C-412-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Karen Buck, Jaison Gibson, Shirley Crago, Alexandra Bennett, Katherine Miles, Kerry Meydam, Jim Richards, Wendy Bracken, Linda Gasser, Kathi Bracken, Wayne Ellis, Kristin Robinson, Cathrine McKeever, Paul Andre Larose, Don Wilkinson and Louis Bertrand be added to the list of delegations. "CARRIED" 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. Richard Ward addressed Council concerning the compliance audits which Council has authorized for the election campaigns of Mayor Abernethy and John Mutton. Mr. Ward advised that he is in favour of the audit for Mayor Abernethy's campaign but he believes that the audit of Mr. Mutton's campaign should be abandoned. Mayor Abernethy resumed the Chair. Karen Buck addressed Council concerning Energy From Waste and quoted from a statement from the Netherlands regarding the effect of pollutants on human beings. She commented that the amount of energy realized from burning waste pales in comparison to the results that can be achieved from an aggressive recycling program. Jaison Gibson was called but was not present. Council Meeting Minutes - 3 - July 30, 2007 Shirley Crago addressed Council concerning Energy From Waste. She encouraged members of Council to promote the '7 Rs"-Reduce, Reuse, Recycle, Research, Remove, React and Refuse. Mrs. Crago believes that if manufacturers reduced the amount of packaging they are using we could realize an 80 to 90 percent reduction in waste. Kerry Meydam addressed Council concerning Energy From Waste. Ms. Meydam advised that the decision before Council isn't an either/or choice between incineration and landfill as 30 percent of the weight of the incinerated waste ends up in landfill as fly ash. In fact, incineration is just disposal into the air rather than into the ground. Ms. Meydam requested that the staff report with respect to the peer reviews of the project be released to the public prior to the September 4 General Purpose and Administration Committee meeting and as soon as possible. Jim Richards addressed Council concerning the staff report with respect to the Energy From Waste project. He indicated that by letter dated July 11 he was advised that the report would be available to the public on July 26 but later found out that the report had been delayed. He requested that the report be released to the public immediately. The remainder of the delegations were not in attendance. COMMUNICATIONS Resolution #C-413-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Item I - 6 and I - 14. "CARRIED" I - 1 Minutes of the Kawartha Conservation Authority dated May 2,2007. A01.KA (Copy attached) I - 2 Minutes of the Clarington Traffic Management Advisory Committee A01.CL dated May 17, 2007. (Copy attached) I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory A01.SA Committee dated July 10,2007. (Copy attached) I - 4 Minutes of the Ganaraska Region Conservation Authority dated A01.GA June 21,2007. (Copy attached) Council Meeting Minutes 1- 5 C10.GE 1-7 M02.GE 1-8 D03.GR 1-9 E07.EN 1-10 AO 1.AM -4- July 30, 2007 Mayor Hector Macmillan, Municipality of Trent Hills, advising the Canadian Advocates for Tax Awareness (CAFTA) has joined forces with the Canadian National Taxpayers Coalition (CNTC) to lobby the Provincial Government to make changes to property tax assessment in Ontario and encouraging Council to support the efforts of CAFT A/CNTC in working towards the creation of a more fair and equitable system of property taxation in Ontario. The Honourable Mike Colle, Minister, Ministry of Citizenship and Culture, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at http://www.citizenship.oov.on.ca/enolish/honours/ or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 2007. Ministry of Municipal Affairs and Housing News Release dated July 6,2007, advising The Honourable John Gerretsen, Minister of Municipal Affairs and Housing attended the opening of one of the country's first Certified Local Farmers' Markets in Toronto to celebrate the local fresh produce season and agricultural products from Ontario's Greenbelt. The Greenbelt protects farmland so that many present and future generations of Ontarians may enjoy foods that are grown and raised close to home. Garry H. Cubitt, Chief Administrative Officer, Region of Durham, providing official notification of the Anti-lobbying clause applicable to the July 12, 2007, release of Region of Durham RFQ 601-2007, "Request for Qualifications (RFQ) to design, build and operate a Thermal Treatment of Residual Waste" and advising that all inquiries, comments, communications or concerns regarding the procurement process must be directed to the designated Regional procurement representative at www.reoion.durham.on.ca/purchasino:. Concerns or questions regarding the anti-lobbying clause and its implications to staff and elected representatives should be directed to L. Birkett, Purchasing Manager, or R. Gallant at robert.oallant@reoion.durham.on.ca. Association of Municipalities of Ontario Member Communication dated July 6,2007, announcing the Federal Government's intention to meet with the provinces/territories and the municipal sector to conclude agreements on the new funding programs provided in the Federal Budget 2007, including the $8.8 billion Building Canada Fund established to allocate infrastructure funding on a multi-year, per capita basis. Council Meeting Minutes 1-11 AO 1.AM 1-12 AO 1 . KA 1-13 M02.GE 1-6 C10.GE - 5 - July 30, 2007 Association of Municipalities of Ontario (AMO) Member Communication dated July 9, 2007, advising AMO's Local Authority Services (LAS) is in the process of developing an Investigator Service to examine municipal complaints received in response to Municipal Act provisions regarding closed meeting investigations which are scheduled to come into effect on January 1, 2008. Program details including the process will be announced at the AMO Conference in August. Kawartha Conservation Summer 2007 quarterly publication - "Update on Conservation". Sylvia Wagg, Oshawa Cycling Club, advising of the 24th Annual Scugog Circle Century Tour on Sunday, August 26, 2007, from 7:00 a.m. until 5:00 p.m. All tour routes begin and end at Durham College in Oshawa and the event is open to a maximum of 400 participants. As this is a shared road event, a road occupancy permit is not required. P. M. Madill, Regional Clerk, Region of Durham, advising Council that on June 30, 2007, the Region of Durham passed the following resolution pertaining to the intersection of Darlington-Clarke Townline Road and Concession Street/Clarke Concession 3 in the Municipality of Clarington: "a) THAT Report No. 2007-W-75 of the Commissioner of Works be received for information; b) THAT a copy of Report No. 2007-W-75 be forwarded to: i) The Municipality of Clarington, ii) The Durham Regional Police Services; and iii) Eileen VanGoor, Newcastle Resident." Resolution #C-414-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence I - 6 be referred to the Director of Engineering Services. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item 1- 14 as it relates to the compliance audit of his campaign expenses; vacated his chair and refrained from discussion and voting on this matter. Council Meeting Minutes - 6 - July 30, 2007 Councillor Trim chaired this portion of the meeting. 1- 14 Jeffrey L. Rohr, C.A., Laing & Rohr Chartered Accountants, accepting C07.GR the appointment as auditors for the compliance audit of the campaign finances of Mayor Jim Abernethy; confirming that, pursuant to Canadian generally accepted auditing standards, they are not aware of any relationships between any of the Nominees and themselves that in their professional judgment may reasonably be thought to bear on their independence; and, confirming that they are objective with respect to the audit within the meaning of the Rules of Professional Conduct of the Institute of Chartered Accountants of Ontario. Resolution #C-415-07 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item 1- 14 be received for information. "CARRI ED" Mayor Abernethy resumed the Chair. CORRESPONDENCE FOR DIRECTION Resolution #C-416-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda with the exception of Items 0 - 5,0 - 6,0 - 7 and 0 - 10 to 0 - 19, inclusive. "CARRIED" 0-1 L 11.GE Brian Denney, Chief Administrative Officer, Toronto and Region Conservation, advising pursuant to the proclamation of the Clean Water Act 2006, and regulations effective July 3,2007, the Toronto and Region Conservation Authority (TRCA) as lead source protection authority for the Credit Valley-Toronto and Region-Central Lake Ontario Conservation Authorities is requesting comments on the proposed groupings of municipalities and the number of members to be selected for each group for appointment to the CTC Source Protection Committee and the selection process. A meeting has been scheduled for August 1, 2007, to clarify any aspects of the proposal. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 7 - July 30, 2007 0-2 P. Madill, Regional Clerk, Regional Municipality of Durham, advising C10.GE Council that on June 20,2007, the Region of Durham passed the following resolution pertaining to the Regional Cycling Plan Study: 0-3 M02.GE 0-4 T03.GE 0-8 E07.EN "a) THAT Joint Report No. 2007 -J-23 of the Commissioners of Finance, Planning and Works be received for information; and b ) THAT Joint Report No. 2007 -J-23 be forwarded to each of the Area Municipalities and that the area municipalities be asked to comment on the plan and plan implementation including priorities and financing options by October 15, 2007 and that a further report on the plan and it's implementation be brought to a Tri- Committee meeting before December 31,2007." (Correspondence referred to staff) Renee Naiman, Regional Director, and Sue Harris, Clinic Recruitment Coordinator, Canadian Blood Services, requesting permission to fly the Canadian Blood Services flag at Fire Stations in Bowmanville, Courtice, Newcastle and Orono during their "Sirens for Life" summer blood challenge from July 2, to September 1,2007. (Request to fly the Canadian Blood Services flag at Clarington Fire Stations from July 2 to September 1, 2007, approved) Association of Municipalities of Ontario Member Communication dated June 28,2007, advising that the Ministry of Community and Social Services has released the proposed standard for accessible transportation, in accordance with the Accessibility for Ontarians with Disabilities Act (AODA, 2005); advising concern has been expressed by the transit industry that the proposed standard will be prohibitively expensive in some jurisdictions; and, encouraging municipalities to carry out a local analysis of the impact of the proposed standard and to respond to the Minister through the public review process being held between June 27,2007 and August 31,2007. (Correspondence referred to the Accessibility Advisory Committee) David Climenhage, advising Council of his past experience and knowledge concerning Energy From Waste, stating that most of the current negative views on Energy From Waste are based on early waste incinerators that had virtually zero pollution control equipment; expressing his view that Energy from Waste is a much better means of disposal than landfill noting key issues are the selection of the best technology, making sure the operation, monitoring and reporting of Council Meeting Minutes D-9 C10.GE D-5 C10.GE - 8 - July 30, 2007 the EFW facility are done in a way that assures that low emissions are maintained over the life of the plant; and, attaching a copy of the report "An Overview of Incineration and EFW Technology as Applied to the Management of Municipal Solid Waste" by Andrew Knox, University of Western Ontario. (Correspondence referred to the Director of Planning Services) Deborah Bowen, Deputy Clerk, Regional Municipality of Durham advising Council that on June 19,2007, the Region of Durham passed the following resolution pertaining to Election Signs on Regional Road Allowances: "THAT Report #2007 -A-38 of the Regional Solicitor be referred back to staff with direction that a copy of the report and proposed by-law be forwarded to the area municipalities for comment and that a further report be presented to the Works Committee in September." (Correspondence referred to the Municipal Clerk) Sheila Birrell, Town Clerk, Town of Markham, advising Council that on June 26,2007, the Town of Markham passed the following resolution pertaining to the York Durham EA Update and Waste Diversion Opportunities: "THAT the report titled, "Waste Diversion Opportunities and York Durham EA Information" be received, and THAT staff be directed to investigate and report back on the diversion initiatives outlined in this report, and THAT the Markham's Waste Management staff work with Purchasing and Asset Management Departments to investigate and report back on a Zero Waste procurement policy for all purchasing activities within the Town, including financial implications, and THAT a copy of this Report be forwarded to York Region, Durham Region, and each of the Area Municipalities in the Regions of York and Durham, and THAT staff bring forward a report to provide comprehensive details on the implementation and communication of a Zero Waste philosophy as well as additional waste diversion opportunities to a fall meeting of the General Committee; and Council Meeting Minutes - 9 - July 30, 2007 FURTHER THAT this report include a recommendation suggesting that the Region of York reconsider accepting blue bags for overflow recycling waste." Resolution #C-417 -07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 5 be referred to staff. "CARRIED" D-6 P01.GE John Mutton, President, Municipal Solutions, requesting an investigation of the current provisions of By-law 84-63 concerning the complaint process as it relates to tenanted properties; advising of the process for filing a complaint with the Ontario Ministry of Municipal Affairs and Housing and other municipalities; and, suggesting changes to the municipality's by-law to incorporate current best practices. Resolution #C-418-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 6 be referred to the Municipal Clerk. "CARRI ED" D-7 C10.GE P. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 20,2007, the Region of Durham passed the following resolution pertaining to the E9-1-1 P.E.R.S. Updated Telephone System Policy and Procedure Manual: i) THAT the agreement for the updated E9-1-1- P.E.R.S. Telephone System, Policy and Procedure Manual be approved; ii) THAT the Regional Chair and Clerk be authorized to sign the agreement; and iii) THAT the agreement be circulated to Durham Regional Police Services Board and area municipalities for approval and signing of same." Council Meeting Minutes - 10- July 30, 2007 Resolution #C-419-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 7 be referred to the Director of Emergency Services. "CARRIED" D -10 C10.GE United Counties of Stormont, Dundas and Glengarry, advising Council that on June 18, 2007, the United Counties of Stormont, Dundas and Glengarry passed the following resolution pertaining to the Farm Tax Rebate Program: "WHEREAS the Farm Tax Rebate Program was previously fully financed by the Ministry of Agriculture, Food and Rural Affairs of the Province of Ontario; AND WHEREAS the Farm Tax Rebate Program is not a local public service but provides lower-cost foods across the Province, as well as the economic benefit of Provincial exporting, and is truly an income- redistributive program with Province-wide significance; AND WHEREAS Rural areas do not have access to the lucrative commercial and industrial assessment and are being further penalized by being forced to absorb the loss of 75% of the taxation revenue on their farmland and managed forest properties; AND WHEREAS the Ontario Municipal Partnership Fund (OMPF) provides some municipalities with a fraction of their lost property taxation, leaving municipalities absorbing the majority of the cost of the farm tax rebate program; AND WHEREAS the lost revenue to the municipalities is being absorbed by all properties within the individual municipality, increasing local tax rates and resulting in the local community (including farmlands and managed forest properties) paying for their own farm tax rebate program; AND WHEREAS the Province's battle with the Federal Government for proper financial arrangements was highlighted by the phrase "It's time for fairness for all Canadians"; Rural Ontarians are asking for the same fairness; Council Meeting Minutes - 11 - July 30, 2007 AND WHEREAS removing the Farmland and Managed Forest Component from the Ontario Municipal Partnership Fund and establishing it as a separate program would be more appropriate since funding would be fair, easily calculated and would not be impacted by other components of the current OMPF calculations; and THEREFORE BE IT RESOLVED that the Province of Ontario be requested to separate the Farmland and Managed Forest component from the Ontario Municipal Partnership Fund; and, establish a separate and distinct Provincial funding program with 100% reimbursement to municipalities of their annual lost property tax revenue on farmland and managed forest properties. AND FURTHER that this resolution be forwarded to the Minister of Finance, Minister of Agriculture, Food and Rural Affairs, Minister of Municipal Affairs and Housing, local MPPs, Eastern Ontario Wardens' Caucus, all Ontario municipalities and any other individual or association as deemed appropriate." Resolution #C-420-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item D - 10 be referred to the Agricultural Advsiory Committee. "CARRIED" D -11 R02.GE Allan Hewitt, Chair, Clarington Public Library Board, advising Council that on June 27, 2007, the Library Board passed the following resolution pertaining to a name change for the Clarke Branch of the Clarington Public Library: "THAT the Library Board request consideration from the Municipal Council for a name change from the Clarke Branch to the Orono Branch, Clarington Public Library, effective in the Fall, 2007." The proposed name change will revert the name back to its original library name and is consistent with the naming of the other branches of the Clarington Public Library, reflecting the location in which the library is situated. Council Meeting Minutes - 12 - July 30, 2007 Resolution #C-421-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item 0 - 11 from Allan Hewitt, Chair, Clarington Public Library Board requesting a name change for the Clarke Branch of the Clarington Public Library, be received; THAT the name of the Clarke Branch be changed to Orono Branch, Clarington Public Library effective in the Fall, 2007; and THAT Allan Hewitt and Edie Hopkins, Library Director be advised of Council's decision. "CARRI ED" 0-12 C10.GE J. R. McLachlan, Clerk-Administrator, Municipality of Huron East, advising Council that on June 5, 2007, the Municipality of Huron East passed the following resolution pertaining to the current process and time delays in obtaining Certificates of Approval and Permits to Take Water: "Council of the Municipality of Huron East forward a letter to the Ministry of the Environment with a copy to the local Member of Provincial Government outlining the frustration of the municipality to meet timelines to have the municipal water system up to the provincial standards and the delays the municipality receives in obtaining Ministry approvals in order to carry out amendments to the C of A's or Permits to Take Water and circulate to all municipalities." Resolution #C-422-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item 0 - 12 be received for information. "CARRIED" 0- 13 Corrie-Jo Caporale, Council Secretary, City of Greater Sudbury, C10.GE advising Council that the City of Greater Sudbury passed the following resolution pertaining to Bill 150: "WHEREAS on October 17, 2006, a private members bill (Bill 150) requesting the Ontario minimum wage be increased to $10.00/hour was tabled in the Ontario Legislature; Council Meeting Minutes - 13 - July 30, 2007 AND WHEREAS Ontario has 15% of its population living below the poverty level; AND WHEREAS Statistics Canada reports that close to 40% of people in Sudbury work in private service jobs, and that at least 25% of all jobs in Sudbury are low-wage; AND WHEREAS Citizens in the City of Greater Sudbury would be amongst the main beneficiaries if Bill 150 is enacted as the number of people living below the poverty level would be reduced if the minimum wage was increased to $10.00 and more residents could spend more in local businesses boosting the local economy; AND WHEREAS because small businesses must already competitively pay their employees to retain them, a $10.00/hour minimum wage would not adversely affect the small business sector; AND WHEREAS many local organizations are supporting Bill 150, including the Sudbury and District Labour Council, The Social Planning Council of Sudbury, and The Sudbury Action Centre for Youth; THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury, in the spirit of social justice and in recognition of government's basic role to protect those citizens in our society who are most vulnerable and in need, hereby endorses provincial Bill 150 and petitions Queen's Park to enact Bill 150. The Bill would raise the minimum wage to $10.00/hour immediately and not by 2010 as outlined in the spring 2007 Ontario budget; BE IT FURTHER RESOLVED THAT copies of this motion be forwarded to the Premier of Ontario, the Minister of Labour, the Minister of Municipal Affairs & Housing, and to Sudbury area Members of Provincial parliament; AND THEREFORE BE IT FURTHER RESOLVED THAT this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario." Resolution #C-423-07 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 13 be referred to the Clarington Board of Trade. "CARRIED" Council Meeting Minutes D-14 E05.GE - 14- July 30,2007 J. P. Dutra, Executive Director, Industry Task Force II on 2,4-D Research Data, advising the Pest Management Regulatory Agency of Health Canada has released the Proposed Acceptability for Continued Registration (PACR) for the Agriculture, Forestry, Aquatic and Industrial Site uses of 2,4-D; advising PMRA is proposing changes that may be of interest to agricultural or other user groups; and, encouraging interested parties to examine the PACR and provide feedback by August 18, 2007. Resolution #C-424-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 14 be referred to the Agricultural Advisory Committee. D -15 E05.GE "CARRIED" Peter Julian, MP, Burnaby-New Westminster, requesting support of the following motion, tabled in the 38th Parliament, seeking to ban the production and importation of products containing additive PBDEs, chemicals used as flame retardants in furniture, textiles, and household electronics: "THAT, in the opinion of the House, the government should recognize that fire retardants containing polybrominated diphenyl ethers (PBDEs) are proven to be the most dangerous form of flame retardant harmful to people, animals and the environment, and that legislation completely phasing out the production and import of products containing additive PBDEs should be brought forth within a year." Support of the motion has been received to date from the International Association of Fire Fighters and over 20 municipalities in British Columbia. Resolution #C-425-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence D - 15 be received for information. "CARRI ED" Council Meeting Minutes D -16 C10.GE - 15 - July 30, 2007 Denis Kelly, Regional Clerk, York Region, advising Council that on June 21,2007, the Region of York passed the following resolution pertaining to Toronto Pearson International Airport and Proposed Pickering Airport: "WHEREAS on March 30, 2007 the Greater Toronto Airport Authority (GTM) made a presentation to York Region Council on the status of airport travel demand to and from Pearson International Airport as well as the need for fair and equitable rents at the airport, and the increasing demand for a Regional Airport System in the Greater Toronto Area (GTA); AND WHEREAS from 2002 to 2005 the GTM hosted and facilitated regularly scheduled inter-municipal meetings for the proposed Pickering Airport. Regional staff and local municipal staff from the Town of Markham and Town of Whitchurch-Stouffville participated in the Pickering Advisory Committee, Community Communications Working Group, and Government Affairs Working Group meetings facilitated by the GT AA; AND WHEREAS Regional Planning staff have reported to Council on the milestone events for the proposed Pickering Airport (Clause 7, Report NO.4 of the Planning and Economic Development Committee 2005, Clause 7, Report NO.7 of the Planning and Economic Development Committee 2003); AND WHEREAS the Greater Toronto Area (GTA) and York Region are experiencing significant population and employment growth that requires additional air transportation capacity and services to meet forecasts set out in the Provincial "Places to Grow" Plan; AND WHEREAS Pearson International Airport has a finite capacity that will be reached between 2008 and 2030 and there is a significant need to enhance airport capacity and service particularly within the GT A east area, specifically the potential development of Pickering Airport; AND WHEREAS airports and airport services provide significant economic and community benefits by generating jobs, attracting new businesses, and increasing assessment growth; AND WHEREAS the Federal Government is responsible for airport development, regulations and levying fair and equitable rents; Council Meeting Minutes - 16 - July 30, 2007 IT IS THEREFORE RECOMMENDED THAT: 1. a) The Federal Government be strongly urged to initiate the Federal Environmental Assessment process for the proposed Pickering Airport to ensure its timely completion; and, b) The Federal Government be advised that York Region supports fair and equitable rents for airports, specifically Pearson International. 2. A copy of this resolution be forwarded to the Federal Government, Transport Canada, the Greater Toronto Airports Authority, Region of Durham, Durham Region Local Municipalities, York Region Local Municipalities and the Province of Ontario." Resolution #C-426-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 16 be received for information. "CARRIED" D - 17 City of Owen Sound advising Council that on July 10, 2007, the City C10.GE of Owen Sound passed the following resolution pertaining to Court Security Costs: "WHEREAS Consolidated Court costs have put huge demands on local host municipal Police Services to provide security and pay 100% of the costs, and WHEREAS the Consolidated Court is used by the entire surrounding community and even by those further a field with its local municipal taxpayers responsible for paying for security, and WHEREAS a Consolidated Court could be used for a 'change of venue' trial from outside their jurisdiction which would require the local municipal taxpayer responsible to pay for security, and WHEREAS the Province of Ontario is the only Canadian Province or Territory not paying for Court Security, and THEREFORE BE IT RESOLVED THAT the Provincial Government fulfill its responsibility and pay for 100% of Court Security costs, and Council Meeting Minutes - 17 - July 30, 2007 THAT this resolution be forwarded to the Association of Municipalities of Ontario for full distribution to all upper and lower tier municipalities, the Ontario Association of Police Services Boards for distribution to all Police Services Boards, the M.P.P., the Leader of the Opposition Party and the Premier of Ontario seeking support of this issue." Resolution #C-427 -07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 17 be received; and THAT the resolution from the City of Owen Sound with respect to Court Costs be endorsed in principle. D -18 L02.GE "CARRIED" Catherine Sampson, Trillium Morgan Horse Farm, Trillium Equine Complex, writing to Lieutenant Paul Finnemore, Air Force Public Affairs, Mayor Abernethy and Martha Rutherford-Conrad, Chair, 175th Orono Celebrations Committee, providing a personal assessment of the events of June 30, 2007, Orono 175 Year Celebrations - Fly By which had tragic consequences for her farm; expressing concern with inadequate notice provided regarding the F-18 fly by; requesting compensation for veterinary bills incurred; requesting a ban from fly bys in the future where it involves agricultural and residential lands; and requesting an apology. Resolution #C-428-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Correspondence Item D - 18 be referred to the Director of Finance/ Treasurer and to the Chief Administrative Officer. D - 19 P09.GE "CARRI ED" Vanessa Hughes, Public Affairs Manager, Ontario Power Generation, requesting Council's support of OPG's application to the Canadian Nuclear Safety Commission (CNSC) for a five-year licence to bring into operation the Darlington Waste Management Facility. The facility will provide safe, interim storage for Darlington's used fuel while long- term management programs are put in place by the Canadian Government. The deadline for submissions is August 13, 2007. Council Meeting Minutes - 18 - July 30, 2007 Resolution #C-429-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the Municipality of Clarington, as a municipal stakeholder in community partnership with Ontario Power Generation, support the licensing applications of the Darlington Waste Management facility. "CARRI ED" MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report July 30, 2007 Councillor Hooper stated a pecuniary interest with respect to Report COD-043-07 and refrained from voting on the adoption of Report #1. Councillor Hooper indicated that he is a client of the firm which is the subject of the report. Resolution #C-430-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of July 30,2007, be approved. "CARRIED" Report #2 - Verbal Report of the Solicitor - Legal Matter Report #3 - Verbal Report of the Solicitor - Legal Matter Resolution #C-431-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the meeting be "closed" in order to consider Reports #2 and #3 and Confidential Report COD-028-07. "CARRIED" Report #3 (Verbal Report of the Solicitor regarding a legal matter) was withdrawn from the agenda. Council Meeting Minutes - 19 - July 30,2007 The meeting resumed in open session at 8: 17 p.m. Mayor Abernethy stated a pecuniary interest with respect to the delegation of Richard Ward; vacated his chair and refrained from voting on the subject matter. The subject of Mr. Ward's delegation is the compliance audit of Mayor Abernethy's election campaign. Councillor Trim chaired the remainder of the meeting. Resolution #C-432-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" UNFINISHED BUSINESS Resolution #C-433-07 Moved by Councillor Foster, seconded by Councillor Woo THAT the delegations of Richard Ward, Karen Buck, Shirley Crago, Kerry Meydam and Jim Richards be received with thanks. "CARRI ED" OTHER BUSINESS There were no items of discussion under this section of the agenda. BY-LAWS Resolution #C-434-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2007-171 to 2007-182, inclusive, and that the said by-laws be now read a first and second time. "CARRIED" 2007-171 Being a by-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-96013 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality in respect of 18T -96013 (The Kaitlin Group Ltd.) Council Meeting Minutes - 20- July 30, 2007 2007-172 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Hybridyne Power System Canada) 2007-173 Being a by-law to amend By-law 84-63, the Comprehensive Zoning by-law of the Corporation of the former Town of Newcastle (Prestonvale Heights) 2007-174 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Black Creek Developments Ltd.) 2007 -175 Being a by-law to authorize the execution of an Agreement of Understanding between the Corporation of the Municipality of Clarington and 708545 Ontario Limited (Geranium Homes) for the purpose of filling a future development site in the Emily Stowe Neighbourhood 2007 -176 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property 2007 -177 Being a by-law to appoint individuals as a Parking Enforcement Officers for Private Property 2007-178 Being a by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act, R.S.O. 1990, c.T.8 2007 -179 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Futuresign Multimedia Displays Inc., Aurora, Ontario, in respect of the Marketing, Sale of Space and Production of Rink Board Signs for the Garnet B. Rickard Complex, Darlington Arena and South Courtice Arena 2007 -180 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Canadian Tech Air Systems, Scarborough, Ontario, to enter into agreement for the Replacement of the Rooftop HVAC Equipment at Garnet B. Rickard Recreation Complex 2007 -181 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and CB Richard Ellis Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, DurhamNork Energy From Waste Environmental Assessment Study Council Meeting Minutes - 21 - July 30, 2007 2007-182 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Pepsi Bottling Group, Fraserville, Ontario, to enter into agreement for the supply of concession beverages Resolution #C-435-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the third and final reading of By-laws 2007-171 to 2007-182, inclusive, be approved. "CARRIED" Mayor Abernethy and Councillor Hooper stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-436-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2007-183 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 30th day of July, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-437-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the third and final reading of By-law 2007-183 be approved. "CARRIED" ADJOURNMENT Resolution #C-438-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 8:23 p.m. ) ~ "CARRIED" ~