Loading...
HomeMy WebLinkAbout09/10/2007 Council Meeting Minutes September 10, 2007 Minutes of a regular meeting of Council held on September 10, 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 C. Trim Councillor W. Woo Absent: Councillor G. Robinson Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 11:33 p.m. Director of Community Services, J. Caruana, attended until 11:33 p.m. Solicitor, D. Hefferon Manager of Operations, F. Horvath, attended until 11:33 p.m. Manager of Special Projects, F. Langmaid Director of Corporate Services, M. Marano, attended until 11:33 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11:33 p.m. Fire Chief, G. Weir, attended until 11:33 p.m. Administrative Assistant to the Clerk, C. Fleming, attended until 11:33 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegation of Jeffrey L. Rohr and Report #2. MINUTES Resolution #C-439-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on July 30, 2007, be approved. “CARRIED” Council Meeting Minutes - 2 - September 10, 2007 PRESENTATIONS Marion Manders, Referendum Resource Officer, Provincial Riding of Durham, addressed Council concerning Provincial Electoral Reform. Ms. Manders advised on October 10, 2007, all eligible voters in the Province of Ontario will be asked to participate in a Referendum in conjunction with the Ontario Provincial Election and will be asked to vote on which electoral system Ontario should use to elect members to the provincial legislature - the existing electoral system (First-Past-the-Post) or the alternative electoral system proposed by the Citizens’ Assembly (Mixed Member Proportional). She highlighted both the current system and the proposal by the Citizens’ Assembly, a group of randomly-selected Ontario voters established to study Ontario electoral reform, for a Mixed Member Proportional electoral system. Ms. Manders noted that if accepted, the Mixed Member Proportional electoral system would give Ontarians two votes in future elections: one for a ‘Local Member’ and one for a political party. Ms. Manders reviewed the percentage of votes required for the system to be adopted, the criteria under which a new government would be formed and referred citizens to the voter inquiry line 1-888-ONT-VOTE, referendum resource website at www.yourbigdecision.ca and email at info@yourbigdecision.ca for further information. DELEGATIONS Darlene Brown, Executive Director, Big Brothers and Sisters of Clarington, addressed Council to bring awareness to the Big Brothers and Sisters of Clarington’s volunteer programs. Ms. Brown advised Big Brothers and Big Sisters of Clarington currently have 200 volunteers serving over 300 children in a wide variety of programs. She stated the success of their programs is due to their volunteers and stressed the importance of continuing and expanding their volunteer base. Ms. Brown reviewed the mentoring programs and dispelled myths associated with volunteering. She noted Big Brothers and Big Sisters’ Month occurs in September and requested Council to proclaim September, 2007, as ‘Big Brothers and Big Sisters’ Month’ in Clarington. th Ms. Brown stated this year marks the 30 Anniversary of Big Brothers and Big Sisters’ service to the community noting a Gala Event will be held on Saturday, November 17, 2007, at the Garnet B. Rickard Complex and requested the facility rental fee be waived for the celebration. In summary, Ms. Brown urged members of the public to consider becoming a mentor to enhance the life of a child who may be missing the presence of a caring adult. Council Meeting Minutes - 3 - September 10, 2007 Resolution #C-440-07 Moved by Councillor Trim, seconded by Councillor Woo THAT James McKeever, Matthew Johnston, Dave Climenhage and Dan Spendick be added to the list of delegations and that the agenda be altered to allow Karen Buck to be the last speaker to address the EFW project. “CARRIED” Bernhart Roth addressed Council concerning Item 4 of Report #1 regarding applications submitted by the Durham Church Network for amendments to the Official Plan and Zoning By-Law to permit a place of worship, associated day care facilities, parking lot and playing fields. Mr. Roth stated he is opposed to the development as he feels the site is inappropriate and premature for development. He suggested the public notice for a church and a daycare was misleading as the proposed use will generate a great deal of activity seven days per week. Mr. Roth expressed concern with the tremendous impact on traffic, the protection of the adjoining ravine and watercourse, and the need to provide a proper buffer zone for the four adjoining property owners. In summary, Mr. Roth stated he feels the proposed use is inappropriate, does not conform to the Official Plan or Zoning By-law and is not a church use. He stated a church and some daycare activity could be workable and requested the matter be further considered and that additional consultations take place to develop a workable plan. Elio DelGobbo addressed Council concerning Item 4 of Report #1 regarding applications submitted by the Durham Church Network for amendments to the Official Plan and Zoning By-Law to permit a place of worship, associated day care facilities, parking lot and playing fields. Mr. DelGobbo stated he resides on Fices Road adjacent to the proposal and expressed concern with lack of privacy from the development. Mr. DelGobbo questioned whether a buffer would be constructed to address issues of noise and visibility and whether construction would affect his water supply or if any run-off contaminates would escape onto his property. He also expressed concern with the increased traffic associated with the proposal. Harold Larter was called but was not present. Mayor Abernethy stated a pecuniary interest with respect to the delegation of Jeffrey L. Rohr 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 - 4 - September 10, 2007 Jeffrey Rohr thanked Council for providing him with the opportunity to present his findings stating, in the opinion of his firm, the campaign of Mayor Jim Abernethy is in compliance with the requirements of the Municipal Elections Act, 1996. There were no questions to Jeffrey Rohr. Mayor Abernethy resumed the Chair. Prior to hearing delegations concerning the Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment, Mayor Abernethy provided a brief history on the Energy-From-Waste issue and stressed the importance of receiving factual information for Council to make an informed decision on a long-term solution to the refuse problem which will be of benefit to the citizens of Clarington. Roger Anderson, Chair, Region of Durham addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1). Chair Anderson provided background information ( on the joint Residual Waste Planning Study being undertaken by the Regions of Durham and York to find a solution to manage residual solid waste remaining for disposal after diversion. He noted both municipalities have aspired to a local energy- from-waste solution and are working together to address the social, economic, and environmental concerns of residents through a full Environmental Assessment Study process. Chair Anderson stated Durham and York Regions are absolutely committed to diverting as much waste as possible from disposal; however, even with expanded diversion efforts, they continue to face the challenge of managing residual waste that cannot currently be diverted. Chair Anderson advised due to the closing of existing landfill sites in the Greater Toronto Area and the inability to develop new landfill capacity, Durham, along with other GTA municipalities entered into contracts for the export of their residential waste to a disposal facility in Michigan. He stated shipments of Municipal Solid Waste to Michigan will end by 2010. In addition to solving long- term, residual waste management issues, Durham and York recognize the growing need for additional sources of energy generation in Ontario and recognize that there is an opportunity associated with the utilization of the waste stream as a fuel source to produce energy and have identified this as a key benefit associated with the current waste disposal Environmental Assessment Study underway. Chair Anderson stated the various opportunities associated with the project have the potential to stimulate economic growth, through construction and jobs, both in the local community hosting the energy-from-waste facility and in the host Regional municipality. He stated the process is transparent, allows residents of both regions to participate and that under the guidelines for the Environmental Assessment, the best local solution for Durham will be developed. Chair Anderson provided a written copy of his response to questions previously posed by the Municipality of Clarington concerning the entire process. Council Meeting Minutes - 5 - September 10, 2007 In response to questions concerning the closure of facilities in Europe, Chair Anderson stated plasma facilities only in Europe were being closed due to their age and were being replaced with newer models. He noted Europe is banning landfill and there were currently 50 new plants under construction. In response to questions concerning the impact on municipal taxes, Chair Anderson stated it would depend on what type of an agreement was signed with a willing or unwilling host and that tipping fees and revenue from heating would offset the debenture and capital costs. In response to a question concerning the difference between being a willing or unwilling host community, Chair Anderson replied it would have no effect with regard to the process, but hoped that Clarington would come to a decision after all information is available. In response to questions concerning a contingency plan, Chair Anderson advised work is being undertaken on an alternative landfill capacity in the short term following December 2010. Kerry Meydam addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1) ( stressing the importance of considering the social costs associated with pollution from incineration facilities including global warming, acid rain, and the adverse impact on human health associated with air pollution emissions and the release of toxic substances to the environment. She acknowledged that no one wants landfill but feels that the assertion that incineration will eliminate landfill is false and is not a sustainable solution. Kerry Meydam stated she was here tonight to request Council to listen to alternatives that have been suggested by members of the public for several months and go back and reconsider all alternatives in a comprehensive way. She feels there is an opportunity to reduce the cost of waste disposal, to create additional jobs, to improve the quality of life and the reputation of the Region by developing a region-wide program of recycling and materials recovery. Ms. Meydam feels that too much time and energy has been invested in promoting incineration rather than working aggressively toward a more effective waste diversion strategy. Barry Bracken addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1). ( He stated those who have voiced their objection to incineration are also opposed to landfills but recognize that they are a necessary evil, to be used less and less as we strive toward their elimination. Mr. Bracken stated alternatives to incineration including aggressive diversion, extended producer responsibility, stabilized landfills, reduced need for disposal, improved packaging, reducing use of toxic materials have all been previously brought forward and suggested Council access the website durhamenvironmentwatch.org/Citizens Agenda for Zero Waste which outlines a strategy that avoids incinerators and eventually eliminates landfills. Mr. Bracken urged Council to ensure that the Region satisfactorily addresses all of the flaws and Council Meeting Minutes - 6 - September 10, 2007 shortcomings identified by the peer review and that the size of the facility be limited to dealing only with Durham’s waste. Kristin Robinson addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1) ( expressing concern that an Energy-From-Waste facility will be constructed regardless of the will of the people. She stated she is currently against the proposed incinerator for many reasons namely she believes that we can all do better than burning our waste. Ms. Robinson acknowledges that while there will always be some garbage, she feels that instead of concentrating time and money on an incinerator, we must get to the root of the problem by educating producers to create products that can be recycled and educating consumers about making smart decisions and sustainable choices. She expressed concern that in Brampton unsorted waste is fed into the incinerator 24 hours a day, 7 days a week with no monitoring of ultrafine particulates or nanoparticles and that hundreds of other emissions, including dioxins and furans are tested for only once a year as required by the Ministry of the Environment. She urged Council to request the Region to investigate other solutions as originally promised and reminded Council that an incinerator still needs landfill because of the hazardous ash it creates. Wendy Bracken advised prior to the meeting that she would not be speaking. Resolution #C-441-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 9:15 p.m. Wayne Ellis addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1) ( expressing concern with the transparency of the process and requesting that interested parties be dealt with fairly and with respect when voicing their opinions to Council. He stated the majority of residents want Council to declare Clarington an unwilling host community noting through joint efforts, more citizens are becoming aware of what the term “enery-from-waste” means. Mr. Ellis stated he is not proposing old style landfill sites and has strong doubts that there won’t be costs associated with an EFW facility as purported by the Regional Chair. Council Meeting Minutes - 7 - September 10, 2007 Jaison Gibson addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1). ( Mr. Gibson stated he has yet to hear a sound positive attribute to this incinerator process other than it will generate a lot of money. He questioned the risk to human health in the long-term and felt society needs to look at how we live and to unite to come up with viable solutions that are both environmentally friendly and good for the economy. Mr. Gibson stated he is opposed to incineration and as a responsible parent, he must consider moving his children out of harm’s way. Shirley Crago addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1). ( Ms. Crago indicated she takes exception to the suggestion that the public is not interested in the issue and recognized the importance of the work and the many hours put into research by the citizens group lobbying against the incinerator. She noted however, that the sound quality in the Council Chambers prevents meetings from being informative. She questioned why all facilities toured on the European trips were clients of the company that arranged the trips and why other types of disposal or increased recycling programs have not been investigated. Ms. Crago expressed concern with the human health risk associated with incineration and feels increased recycling efforts will be positive for the environment and will have a great impact for present and future generations. Alexandra Bennett was called but was not present. Katherine Miles addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1) ( to discuss alternatives to incineration. Ms. Miles feels adopting a Zero Waste Strategy would be a very practical approach for both local authorities and activists as it recognizes the importance of recycling. She stated a Zero Waste Strategy combines community practices such as reuse, repair, recycling, toxic removal and composting with industrial practices such as eliminating toxics and redesigning packaging and products while creating local jobs and businesses and offering major corporations with a way of increasing their efficiency. Ms. Miles highlighted key policy steps required to launch a Zero Waste Program which she feels is superior to reliance on waste landfilling or incineration. Jim Richards was called but was not present. Council Meeting Minutes - 8 - September 10, 2007 Linda Gasser addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1) to ( ask Council to formally request the site-selection reports and evaluation criteria from the Region, and to request that the Regions alter their proposed EA timetable and site selection announcement to allow Clarington staff, the public and Council to fully consider and respond to withheld information to protect Clarington’s interests. Ms. Gasser feels site selection should not have been separated from technology selection as they need to be fully assessed together to determine the project’s safety. She also requested the Project Team to provide the site evaluation criteria in advance of the site selection announcement so that the rationale of why a particular site or sites were selected. Kathi Bracken was called but was not present. Cathrine McKeever addressed Council concerning the Update on Municipal Peer Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of ( Report #1). Ms. McKeever stated not all members of the public feel Clarington should be declared an unwilling host and that they should not be considered as such. She stated incinerators are the least producers of dioxins and highlighted numerous other sources of emissions including the number of pesticides that are sprayed on crops. Ms. McKeever stated decreasing reliance on oil products and using natural products would go a long way to eliminating dioxins and PCB’s. She presented Council with a package of reference material regarding landfill issues and new waste technologies. Paul Andre Larose was called but was not present. Don Wilkinson was called but was not present. Louis Bertrand was called but was not present. Resolution #C-442-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT James McKeever be heard following the remainder of the delegations. “CARRIED” Matthew Johnston addressed Council concerning the Minutes of Settlement for Rezoning and Draft Plan of Subdivision Applications submitted by First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper to permit medium density residential uses - (Item 10 of Report #1) advising the joint landowners are in favour of the settlement and urged Council to approve the agreement. Council Meeting Minutes - 9 - September 10, 2007 Dave Climenhage addressed Council concerning the Update on the Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) advising Andrew Knox of the University of Western Ontario has completed an extensive review of Energy-From-Waste technology and encouraging anyone who wants further knowledge to read this report. Mr. Climenhage expressed concern that daily trucking of Durham’s garbage to Michigan emits dioxins and furans and that a properly controlled Energy-From-Waste facility would generate less toxic emissions than one single diesel truck and is far less polluting that controlled landfill sites. He stated the option of waste reduction is one the public is committed to but noted it is a long-term process which will require many new strategies to achieve. Mr. Climenhage advised a state-of-the-art Energy-From-Waste facility would be far less polluting than landfill. He feels the critical issue is to ensure that the process selected achieves the highest technology with the lowest emission. Dan Spendick, Partner, R. M. Auctions, addressed Council advising his company has been contracted by Fosset Motors to auction their entire collection of classic autos at 1774 Concession Road 7 this weekend. Mr. Spendick stated in order to conduct the auction he requires the issuance of a building permit for a temporary tent structure. Mr. Spendick highlighted the economic benefits the auction will have on the local economy and advised they have addressed any potential traffic concerns by engaging the services of paid-duty officers and having police presence on the road. Mr. Spendick stated he is confident the event will generate positive results for the community and asked Council to approve the permit so the auction could proceed as planned. In response to questions, Mr. Spendick replied this is a one-time event as all cars are to be sold, that the neighbours have been canvassed and he is not aware of any concerns raised. James McKeever addressed Council concerning the Update on the Municipal Peer Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of Report #1) advising his family has practiced recycling for 35 years and that he has been attending open houses and seminars on garbage for approximately 5 years. Mr. McKeever feels much of what has been reported recently in newspapers and claims made with respect to diversion measures have been misrepresented. Mr. McKeever feels it is important that up-to-the-minute information is made available and that he supports an Energy-From-Waste Facility but will not support a landfill. Karen Buck was called but was not present. Council Meeting Minutes - 10 - September 10, 2007 COMMUNICATIONS Resolution #C-443-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information, including Hand-out Correspondence Items I - 12 and I - 13, be approved, except Items I - 8 and I - 9. “CARRIED” I - 1 Minutes of the Clarington Heritage Committee dated June 19, 2007. A01.CL I - 2 Minutes of the Central Lake Ontario Conservation Authority dated A01.CE July 17, 2007. I - 3 Minutes of the Newcastle Community Hall Board dated May 15, A01.NE 2007. I – 4 Bonnie Gagné, Executive Director, Durham Family Court Clinic, A01.GE forwarding their Annual Report, reflecting the agency’s mission and M07.GE purpose and providing a reflection of the past fiscal year, and forwarding a copy of their “You” Newsletter, providing important updates and information regarding new and expanded services of the organization. I – 5 Robert L. Stevens expressing support for an Energy From Waste E07.EN facility. As one of the silent majority, he can’t wait for incineration of our garbage to happen and questions the building of mountains of landfill garbage when the technology is available to get some return from our refuse. Mr. Stevens is also embarrassed as a Canadian, that with all our land mass and small population (5 people per sq. mile) that we have resorted to sending our garbage to the U.S.A. in view of the harm 100 trucks cause to the environment traveling from Clarington to Michigan each day. I – 6 Association of Municipalities of Ontario (AMO) Member A01.AM Communication dated July 24, 2007, advising of the Municipal Energy Conservation Template developed to aid municipalities in assessing energy usage and conservation strategies to reduce energy demands and to assist in phasing energy planning and reporting requirements; and, encouraging members to download the template from the AMO website at www.amo.on.ca. Council Meeting Minutes - 11 - September 10, 2007 I – 7 Raymond Mantha, P.Eng., Executive Director, Ministry of T.06.GE Transportation, advising that full inspections of all steel deck truss bridges on the provincial highway system has been ordered as a precaution by the Ministry, in light of the recent collapse of the Interstate 35W Bridge over the Mississippi River in Minnesota; and, encouraging municipalities with steel deck truss bridges to complete these inspections as well. I – 10 Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc., T05.HI forwarding copies of the Transportation Environmental Study Report (TESR) for the Highway 35 Four-Lane Planning and Preliminary Design Study and the Highway 35/Highway 7A Connection Study to be made available for public review from September 7 to October 22, 2007, and advising a “Notice of Submission of the Transportation Environmental Study Report” will be placed in the Canadian Statesman on September 5, 2007, indicating interested persons may provide written comments to the Ministry of Transportation during the 45-day review period. The TESR can also be downloaded from the project website at http://highway35.planningstudy.on.ca. I – 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario M02.GE Conservation Authority (CLOCA), forwarding information on CLOCA’s 2007 Watershed Awards to recognize environmental contributions made by the community towards the stewardship and enhancement of the watersheds and seeking nomination suggestions for contributions made by individuals, community groups and businesses/corporations. The deadline for submission is September 17, 2007. I – 12 Doug Hartford advising he has been following the ongoing E07.EN discussion regarding garbage disposal and has travelled to several European countries and has found in discussion regarding the subject – they were very proud of their facilities – sorting – incineration to energy and recycling by-products. His only concern with the proposed program with York is that it be located very close to the 400 series of highways or a rail siding, or both. He feels that with careful thought and planning, and state of the art equipment, this has to be a better way than hauling all this tonnage 6 – 7 hours to a landfill. Council Meeting Minutes - 12 - September 10, 2007 I – 13 Glenda Gies – forwarding her comments on the Durham/York E07.EN Residual Waste Environmental Assessment. Her comments address areas of quantity and quality of residual waste stream, the site selection process, residents’ role in the EA Process and additional peer review. I – 8 Betteanne M. Cadman, CMO, President, Association of Municipal A01.AM Managers, Clerks and Treasurers of Ontario (AMCTO) announcing the launch of AMCTO’s new membership service recognition program designed to acknowledge member’s longstanding commitment to the Association and to the municipal profession; and, recognizing the following individual members of Clarington’s staff for their ongoing support of the Association: Patti L. Barrie, CMO 20 year award Marie A. Marano, AMCT 20 year award Linda Bruce, AMCT 10 year award Jennifer Cooke, AMCT 10 year award Nancy Taylor 10 year award Maureen Wiles-Frost, AMCT 10 year award Cindy Fleming, AMCT 10 year award C. Anne Greentree, CMO 10 year award Wendy Chandler 10 year award Resolution #C-444-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I – 8 be received for information. “CARRIED” I – 9 Association of Municipalities of Ontario Member Communication A01.AM (AMO) dated August 29, 2007, advising of the amendments to regulations under the Ontario Works Act and Ontario Disability Support Program (ODSP) Act to implement the upload of Ontario Drug Benefit costs associated with both programs effective January 1, 2008, and the phased implementation of the upload of ODSP administration and benefits by 2001, as part of the ongoing Provincial-Municipal Fiscal and Service Delivery Review. Council Meeting Minutes - 13 - September 10, 2007 Resolution #C-445-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item I - 9 be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-446-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda with the exception of Items D - 11 to D - 16, inclusive. “CARRIED” D – 1 Jane Black, Secretary, Newcastle Business Improvement Area, M02.GE requesting the closure of King Avenue from Baldwin Street to Beaver Street from 1:00 p.m. on Friday, October 5, 2007, and all day Saturday, October 6, 2007, for the Annual Newcastle Fall Festival. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D – 2 Karyn Kennedy, Executive Director, Boost: Child Abuse Prevention M02.GE & Intervention (formerly Toronto Child Abuse Centre) advising of the rd 3 Annual “Go Purple for Prevention! Campaign” to raise awareness and provide education on efforts to eliminate abuse and violence in the lives of children and youth; and, requesting Council to proclaim October as “Child Abuse & Neglect Prevention Month” and October 1, 2007, as “Go Purple for Prevention Day” in Clarington. (Proclaimed) D – 3 John Colville, submitting a petition from area residents requesting a T08.GE reduction of the speed limit on Baseline Road, west of Westside Drive to Holt Road to 50 km per hour and the application of a “Road Watch” program in the aforementioned area. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes - 14 - September 10, 2007 D – 4 Terrance J. DeYoung, expressing concern with proposed D.14 development of properties abutting Highway 2 and along Darlington Boulevard and citing several problematic issues regarding traffic, parking, decreased property values, loss of neighbourhood aesthetics, and increased crime rates should the construction of a multi-storey apartment building be approved for development. (Correspondence referred to the Director of Planning Services) D – 5 Residents of Varcoe Road, Dale Park Drive and Bridle Court P01.GE submitting a petition requesting the installation of “No Parking” restrictions on Varcoe Road, Dale Park Drive and Bridle Court or alternatively provide a reduction in property taxes to residential properties affected by the parking issues resulting from the Courtice Health Centre’s implementation of a pay for parking system. (Correspondence referred to the Director of Engineering Services) D – 6 Douglas Browning tendering his resignation from the Property C12.PR Standards Committee as he is no longer a resident of Clarington. (Correspondence received with regret, and referred to the Municipal Clerk) D – 7 Jaki MacKinnon, Executive Director, Bethesda House, requesting P11.GE permission to host the 3rd Annual “Clarington Take Back the Night M02.GE Walk”, an international event for women to “reclaim” the streets after dark, to be held on September 18, 2007, from 6:00 p.m. to 9:00 p.m.; enclosing a map of the route; and, advising liability insurance has been arranged. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D – 8 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage M02.GE Trust, inviting Council to participate in the 2007 Young Heritage Leaders Program by submitting up to three nominations, one in each of the heritage areas – built, cultural and natural, to acknowledge young volunteers for their significant contributions to heritage conservation; enclosing information on the program; and, encouraging Council to work with local heritage organizations and youth groups to identify worthy young recipients. The nomination deadline is October 31, 2007. (Correspondence referred to the Municipal Clerk to place an ad in the local newspapers) Council Meeting Minutes - 15 - September 10, 2007 D – 9 Sid Ryan, President, CUPE Ontario, and Shellie Bird, President, M02.GE Ontario Coalition for Better Child Care (OCBCC), requesting that October 24, 2007, be proclaimed as “Child Care Worker & Early Childhood Educator Appreciation Day” in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community. (Proclaimed) D – 10 John Johnson, Poppy Chairman, Royal Canadian Legion Branch M02.GE 178, requesting to add the word “Peacekeepers” onto the Bowmanville Cenotaph and to inscribe Trooper Darryl Caswell’s name beneath the Peacekeepers dedication; and, proposing an official dedication of the Bowmanville Cenotaph be considered for next year. (Correspondence referred to the Director of Operations) D – 11 K. Kerr, Head of Council, Tay Valley Township, advising Council C10.GE that on July 10, 2007, the Township of Tay Valley passed the following resolution pertaining to Surface-Rights Only Properties and Mining Rights: “WHEREAS Ontario’s municipal governments recognize the importance of Ontario’s mining sector to the Ontario economy and to the economies of mining communities; and WHEREAS Canadian law has traditionally recognized as a fundamental freedom, the right of the individual to the enjoyment of property, a right not to be deprived thereof; and WHEREAS the Mining Act of Ontario recognizes separate mining and surface rights on many private lands, bringing about a state of affairs where there may be two owners to one property; and WHEREAS mining activities on these properties have frequently resulted in property damage, environmental degradation, and unmapped mining hazards, disturbing residents’ quiet enjoyment of the land and risking public health and safety; and WHEREAS mining activities, prior to advanced exploration, are not subject to any municipal authority, conservation authority, environmental review, nor the approval of the landowner; and Council Meeting Minutes - 16 - September 10, 2007 WHEREAS municipal governments in regions with an abundance of surface-rights only (SRO) properties have previously called on the Ministry of Northern Development and Mines to reunite surface and mining rights on SRO properties to resolve the situation; and WHEREAS many of these properties are on residential, cottage, recreational lands and some in areas of Environmental, Cultural and Heritage significance where mining is incompatible with established land use practice; and WHEREAS the Mining Act provides for Ministerial discretion and the ability to cancel or annul the forfeiture of any lands or mining rights under the Act; NOW THEREFORE BE IT RESOLVED THAT in support of AMO’s position, Tay Valley Township petition the Premier and the Minister of Northern Development and Mines to reunite surface and mining rights on SRO properties when requested by the SRO property owner or the municipality in order to effectively resolve this issue.” Resolution #C-447-07 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D – 11 be received for information. “CARRIED” D – 12 Municipality of West Grey advising Council that on August 8, 2007, C10.GE the Municipality of West Grey passed the following resolution pertaining to amendments to the Ontario Building Code Act, 1992: “WHEREAS, section 36(8) of the Ontario Building Code Act, 1992, as amended, states that “No proceeding under this section shall be commenced more than one year after the time when the subject- matter of the proceeding arose”; AND WHEREAS, the effect of this clause is to restrict the ability of a municipality to take appropriate legal action in circumstances where buildings and structures have been placed on municipal properties without first having obtained building permits for same; BE IT RESOLVED THAT, the Municipality of West Grey hereby supports amending section 36(8) of the Building Code Act, 1992, as amended, to provide municipalities a time limit of two (2) years from the date of discovery for commencing legal proceedings: Council Meeting Minutes - 17 - September 10, 2007 AND FURTHER THAT, a letter be forwarded to the Minister of Municipal Affairs; Ministry of Municipal Affairs, Building & Development Branch; Ontario Building Officials Association (OBOA); and to the Association of Municipalities of Ontario for distribution and support from all municipalities in Ontario.” Resolution #C-448-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D – 12 be received for information. “CARRIED” D – 13 Jo-Anne McFarland, Secretary, Durham-York-Victoria Landowners L11.GE Association, requesting Council to seek written clarification from Durham Regional Council that the Region’s interpretation and implementation of the Source Water Protection Act will not include the metering of private residential wells now or at any time in the future. Resolution #C-449-07 Moved by Councillor Novak, seconded by Councillor Woo THAT the request from the Durham-York-Victoria Landowners Association requesting Council to seek written clarification from Durham Regional Council on the Region’s interpretation and implementation of the Source Water Protection Act concerning private residential wells be endorsed ‘in principle’. “CARRIED” D - 14 Jason King, Alcatraz Skates, submitting a proposal to name the new R05.GE skateboard park being constructed at the Courtice Community Centre after Rob Piontek, a young skateboard enthusiast and Skateboard Park Counsellor for Clarington, who died tragically on August 19, 2007. Council Meeting Minutes - 18 - September 10, 2007 Resolution #C-450-07 Moved by Councillor Hooper, seconded by Councillor Woo THAT the request from Jason King, Alcatraz Skates to name the new skateboard park at the Courtice Community Centre after Rob Piontek be referred to staff for consideration in accordance with the Naming of Municipal Buildings/Facilities Policy. “CARRIED” D - 15 Brian Jones requesting the municipality to plan to celebrate M02.GE “National Flag Day”, proclaimed in 1996 as February 15th, and to co-ordinate with other levels of government to make Canadian flags available to citizens to collectively keep the spirit of the nation. Resolution #C-451-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the request from Brian Jones concerning the celebration of ‘National Flag Day’ and the supply of Canadian Flags be approved. “MOTION WITHDRAWN” Resolution #C-452-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the request from Brian Jones concerning the celebration of ‘National Flag Day’ and the supply of Canadian Flags be received for information and referred to the Municipality’s Provincial and Federal Members of Parliament. “CARRIED” D - 16 Corporation of the Township of Tyendinaga advising Council that on C10.GE August 13, 2007, the Township of Tyendinaga passed the following resolution pertaining to land claim negotiations: “WHEREAS aboriginal Land Claims in Ontario are encompassing many municipalities and there is no mechanism to legally protect the municipal interest Council Meeting Minutes - 19 - September 10, 2007 WHEREAS the Mohawks of the Bay of Quinte initiated a Land Claim known commonly as the Culbertson Tract in 1995 AND WHEREAS the Culbertson Claim is for approximately 827 acres within the Town of Deseronto and the Township of Tyendinaga AND WHEREAS the Federal Government reviewed the Claim and accepted it for negotiation in 2003 AND WHEREAS negotiations began in 2004 AND WHEREAS the Government of Ontario is our primary partner in regards to municipal affairs AND WHEREAS the Government of Ontario has been invited to, but has declined to sit at the negotiating table AND WHEREAS the Municipality of the Township of Tyendinaga has not been invited to sit at the negotiating table THEREFORE BE IT RESOLVED that negotiations be stayed until the Township of Tyendinaga is granted a place at the negotiating table as the property being discussed is partly within the municipal boundaries BE IT FURTHER RESOLVED that negotiations be stayed until the Government of Ontario comes to the negotiating table and begins to take an active role in protecting the municipal interest BE IT FURTHER RESOLVED that municipal interests in these matters are given concrete legal standing within the Government of Canada’s land claim framework BE IT FINALLY RESOLVED this resolution be sent to the Association of Municipalities of Ontario for distribution and support from all upper and lower tier municipalities in Ontario, the Minister of Indian and Northern Affairs Canada, the critic for Indian and Northern Affairs Canada, the Member of Parliament, the Ontario Minister of Aboriginal Affairs, the Member of Provincial Parliament, and the Premier of Ontario seeking support of this resolution.” Council Meeting Minutes - 20 - September 10, 2007 Resolution #C-453-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D – 16 be received for information. “CARRIED” MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report September 4, 2007 Resolution #C-454-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 4, 2007, be approved, with the exception of Item #6. “CARRIED” Item # 6 Resolution #C-455-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-097-07 be received; THAT Section 3.3 and Attachments 6 and 8A to Report PSD-097-97 be approved as the Municipality of Clarington’s comments, to date, for the Site Selection segment of the EA process; THAT Section 3.4 and Attachments 7 and 8B to Report PSD-097-97 be approved as the Municipality of Clarington’s comments, to date, on the Generic Human Health and Ecological Risk Assessment, a component of the EA process; Council Meeting Minutes - 21 - September 10, 2007 THAT Clarington request that the Region provide the other reports; including the Traffic Impact Analysis, Archeological Assessment, Air and Groundwater Monitoring, Environmental Impact Study; Land Use, Infrastructure and Servicing Assessments; with sufficient time given to the Municipality and others to review and comment, prior to completing their analysis and selecting a preferred site; THAT a copy of Report PSD-097-97 be forwarded to the Region of Durham, the Region of York and Ministry of Environment; and THAT all interested parties, including the Regions of York and Durham, and the Joint Waste Management Committee, be notified of Council’s decision. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTIONS) Resolution #C-456-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 5 as follows: ‘THAT The Regional Municipalities of Durham and York be requested to withhold making a decision on the site of the Energy-from-Waste facility until the thermal technology is known.’ “MOTION LOST” Resolution #C-457-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 5 as follows: ‘THAT the Region of Durham be requested to provide to the Municipality of Clarington written confirmation of the minimum guaranteed operating standard for emissions and that a 24/7 emissions monitoring systems is to be required in the RFP.’ “CARRIED” Council Meeting Minutes - 22 - September 10, 2007 Resolution #C-458-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 6 as follows: ‘THAT a representative of Clarington doctors be invited to participate in any possible host community arrangements with respect to emissions controls and health concerns, subsequent to the preferred site being identified.’ “MOTION LOST” Resolution #C-455-07 was then put to a vote and “CARRIED AS AMENDED”. Mayor Abernethy stated a pecuniary interest with respect to Report #2 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 the remainder of the meeting. Report #2 - Report CLD-030-07 - Compliance Audit - Mayor Abernethy Resolution #C-459-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-030-07 be received; and THAT staff be directed to recover the cost of the compliance audit of the election financial returns of Mayor Jim Abernethy from the applicant. “CARRIED” Report #3 - Report COD-047-07 - CL2007-40, Asphalt Resurfacing - Contract 2 - Various Streets, 2007 - Mill Street Grade Separation Resolution #C-460-07 Moved by Mayor Abernethy, seconded by Councillor Novak THAT Report COD-047-07 be received; Council Meeting Minutes - 23 - September 10, 2007 THAT Lafarge Paving and Construction Ltd., Oshawa, Ontario with a total bid in the amount of $1,085,252.45 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-40 be awarded the contract for the Asphalt Resurfacing – Contract 2, Various Streets, 2007 and Phase 1 of the Mill Street Grade Separation Project as required by the Engineering Department; THAT funds required in the amount of $1,293,000.00 (which includes $1,085,252.45 tendering, consulting and contingencies) be drawn from Engineering Capital Accounts #110-32-330-83212-7401 in the amount of $552,000.00 and #110-32-330-83263-7401 in the amount of $771,000.00; and THAT the By-law attached to Report COD-047-40 marked Schedule “A” authorizing the Mayor and the Clerk to execute the necessary agreement be approved. “CARRIED” Report #4 - Confidential Verbal Report of the Solicitor – Property Matter Resolution #C-461-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report #4 be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Report #5 – Confidential Verbal Report of the Solicitor Resolution #C-462-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report #5 be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Council Meeting Minutes - 24 - September 10, 2007 UNFINISHED BUSINESS Resolution #C-463-07 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the delegation of Darlene Brown, Executive Director, Big Brothers & Big Sisters of Clarington be received for information. “MOTION WITHDRAWN” Resolution #C-464-07 Moved by Councillor Woo, seconded by Councillor Hooper THAT September, 2007 be proclaimed “Big Brothers & Big Sisters” Month and advertised in accordance with Municipal Policy. “CARRIED” Resolution #C-465-07 Moved by Mayor Abernethy, seconded by Councillor Foster THAT the request of Darlene Brown to waive the rental fee of the Garnet B. Rickard Recreation Complex be received with thanks. “CARRIED” Resolution #C-466-07 Moved by Councillor Novak, seconded by Mayor Abernethy THAT an application for a Special Events Permit be processed for Dan Spendick, RM Auctions, to allow for the classic car auction to be held September 14, 15 and 16, 2007, with the 30-day application submission deadline being waived. ”CARRIED” Council Meeting Minutes - 25 - September 10, 2007 OTHER BUSINESS Resolution #C-467-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Jack Julicher be appointed to the Property Standards Committee for a term concurrent with the term of Council; and THAT all applicants be advised of Council’s decision. “CARRIED” Councillor Foster advised of the Beef Barbeque being held at the Zion United Church on Saturday, September 15, 2007. Councillor Woo congratulated the Director of Operations and staff for receiving the Gold Award in the 2007 Canadian National Exhibition’s Garden Display. Councillor Trim advised there will be a collection of household hazardous waste on Saturday, September 15, 2007 at the Bowmanville Animal Shelter, 33 Lake Road, from 9:00 a.m. to 12:00 noon. Resolution #C-468-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the meeting be “closed” in order to consider Reports #4 and #5. “CARRIED” Resolution #C-469-07 Moved by Councillor Hooper, seconded by Councillor Woo THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” Council Meeting Minutes - 26 - September 10, 2007 BY-LAWS Resolution #C-470-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-184 to 2007-189, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-184 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) 2007-185 Being a by-law to authorize entering into of Minutes of Settlement between First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper and the Corporation of the Municipality of Clarington to resolve an appeal to the Ontario Municipal Board regarding conditions of approval of draft Plan of Subdivision S-C-2001-002, rezoning application ZBA 2001-016, and conditions of consent to convey LD 158/2000 (First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper) 2007-186 Being a by-law to authorize entering into of Minutes of Settlement between Headgate Developments Inc. and the Corporation of the Municipality of Clarington to resolve an appeal to the Ontario Municipal Board regarding amended conditions of approval of draft Plan of Subdivision 18T-89044 (Headgate Developments Inc.) 2007-187 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dave Boyle Excavating Limited, Bowmanville, Ontario, to enter into an agreement for the Stevens Road Culvert Construction & Stream Alignment 2007-188 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Lafarge Paving and Construction Ltd., Oshawa, Ontario for the Asphalt Resurfacing – Contract 2, Various Streets, 2007 and Phase 1 of the Mill Street Grade Separation Project 2007-189 Being a by-law to authorize the execution of Minutes of Settlement between the Municipality of Clarington and Mr. Glen Ransom of claims arising out of the expropriation of 66 East Beach Road, Bowmanville Council Meeting Minutes - 27- September 10, 2007 Resolution #C-471-07 Moved by Councillor Foster, seconded by CouncillorHooper THAT the third and final reading of By-laws 2007-184 to 2007-189, inclusive, be approved. "CARRIED" Mayor Abernethy a stated pecuniary interest earlier in the meeting and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-472-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-190, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 10th day of September, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-473-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-190 be approved. "CARRIED" ADJOURNMENT Resolution #C-474-07 Moved by Mayor Abernethy, seconded by Councillor Novak M9~ "CARRIED" THAT the meeting adjourn at 11:59 p.m.