Loading...
HomeMy WebLinkAbout09/24/2007 Council Meeting Minutes September 24, 2007 Minutes of a regular meeting of Council held on September 24, 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 Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager, Municipal Law Enforcement Division, L. Creamer, attended until 9:30 p.m. Director of Planning Services, D. Crome Solicitor, D. Hefferon Library Director, E. Hopkins, attended until 10:14 p.m. Manager of Operations, F. Horvath Director of Corporate Services, M. Marano Corporate Safety and Project Manager, B. Taylor, attended until 10:14 p.m. Director of Finance/Treasurer, N. Taylor Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting Councillor Foster stated a pecuniary interest with respect to Report #2. Councillor Hooper indicated he would be stating a pecuniary interest with respect to Item 6 of Report #1. Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegation of Richard Ward. Council Meeting Minutes - 2 - September 24, 2007 MINUTES Resolution #C-475-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 10, 2007, be approved. “CARRIED” Resolution #C-476-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Wendy Bracken, Jaison Gibson, Kristin Robinson, Ron Collis, Kerry Meydam, John Wegener and Jim Strickland be added to the list of delegations and that the delegation of Shirley Crago be deleted from the agenda. “CARRIED” DELEGATIONS Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, addressed Council to provide an update on the progress made to date by the Oak Ridges Moraine Foundation and to present the Foundation’s progress report - “A Foundation for Success on the Oak Ridges Moraine”. Ms. Gavine advised the Foundation, a not-for- profit corporation, was established in 2002 to help protect the Oak Ridges Moraine by providing funding support to help preserve, protect and restore the ecological integrity of the moraine. Through use of a PowerPoint presentation, she provided an overview of the Foundation’s achievements and findings, project funding, and reviewed future opportunities. Ms. Gavine noted a total of $31.8 million has been allocated to new conservation projects on the moraine with 21 projects funded in Durham Region including land acquisition, natural heritage inventories, landowner contact and stewardship projects. Ms. Gavine summarized by stating much has been accomplished over the past four years but that more work is required to protect the Moraine’s vital ecosystem. She stated the Foundation needs more time to educate young persons and the general public and requested the Municipality’s assistance by continuing to support ORM stakeholders working in Durham, identifying and participating in new projects, helping to identify other funding partners and advocating for the continued need of protecting, conserving and restoring the Oak Ridges Moraine. Kim Gavine encouraged members of Council to read the progress report. Council Meeting Minutes - 3 - September 24, 2007 Krista Stainton addressed Council concerning Item 4 of Report #1 regarding applications to amend the Clarington Official Plan and Zoning By-Law submitted by 1276467 Ontario Limited to permit apartment and townhouse uses, remove the Neighbourhood Park Symbol, and permit additional commercial parking for lands fronting Durham Highway 2. Ms. Stainton stated as a resident of Kingswood Drive she was here to express official opposition to the proposed multi-storey condo dwelling. She advised residents of her street and the surrounding roadway links are very concerned with increased traffic congestion and safety implications of a high density development. Ms. Stainton acknowledged the results of the traffic impact study but felt the study needed to be conducted during peak periods and questioned what measures would be put into place to mitigate traffic problems as a result of the development. Ms. Stainton requested a comprehensive traffic study be undertaken and that Council reserve their decision until a traffic plan is in place and residents have the opportunity to review the plan and provide comments. In response to questions, Ms. Stainton replied that the biggest concern is how the development will affect congestion in the area and that residents find current traffic conditions unacceptable. She further replied that traffic calming measures might be helpful but does not feel they would make enough of an impact. Roman Zydownyk addressed Council concerning Item 4 of Report #1 regarding applications to amend the Clarington Official Plan and Zoning By-Law submitted by 1276467 Ontario Limited to permit apartment and townhouse uses, remove the Neighbourhood Park Symbol, and permit additional commercial parking for lands fronting Durham Highway 2. Mr. Zydownyk stated he was speaking tonight on behalf of a number of residents living in the surrounding area who oppose the development and to formally present Council with a petition containing over 100 signatures supporting their position. Mr. Zydownyk highlighted issues of concern including traffic and safety related matters, the need for increased resources for local, municipal and provincial services such as emergency services and health care, the impact of road improvements to Darlington Boulevard on property taxes and increased costs for services. Mr. Zydownyk summarized by stating there will be a significant traffic hazard caused by the development that will decrease the value of their properties and quality of life. He acknowledged that while development is inevitable and affordable housing is needed, the infrastructure has to be in place to support the development and a plan must exist for the future. Mr. Zydownyk expressed support for the original, intended and currently approved use of the property as approved in the Official Plan. Sheila Costanzi addressed Council concerning Item 4 of Report # 1 regarding applications to amend the Clarington Official Plan and Zoning By-Law submitted by 1276467 Ontario Limited to permit apartment and townhouse uses, remove the Neighbourhood Park Symbol, and permit additional commercial parking for lands fronting Durham Highway 2. Ms. Costanzi stated area residents do not feel a six storey development is compatible with the existing neighbourhood noting the proposal does not conform to the maximum height requirements defined in the municipality’s Official Plan. She stated the development will have a negative impact on the Farewell Council Meeting Minutes - 4 - September 24, 2007 Creek greenbelt, there will be an increase in garbage, vandalism and property taxes and questioned what the effect reconstruction of Darlington Boulevard will have on local septic beds. Ms. Costanzi urged Council to keep high density development and traffic flow on Highway 2 and to work with the community to provide the best option for all. Lois Neill addressed Council concerning illegal dumping and traffic concerns relating to a business located on Part Lot 31, Concession 5, Enfield Road. Mrs. Neill stated the property in question was sold a year ago and is now owned by a trucking and hauling business and they are operating it similar to a gravel pit with trucks coming and going at all hours. She noted she lives adjacent to this property and it is littered with old tarps, rebar, cement, pcb’s, etc., and the owner is planning to raise the land by four feet. Mrs. Neill is concerned that her well could be in jeopardy with the run-off and she currently is unable to cut grass on the edge of her property because of the washout. She expressed concern that she has made several telephone calls to municipal officials, but there has been no resolve to the problem. She also requested th investigation into an all-way stop at Enfield Road at the 6 Concession to slow traffic down. Don Welsh introduced Angie Darlison, Executive Director, Clarington Older Adult Association who addressed Council concerning support for Elder Persons Centre Grant Funding. Ms. Darlison stated the Association was established in 1998 to provide quality social and leisure opportunities for older adults and that membership has steadily increased to over 800 participants. She noted since its establishment, the association has been working in partnership with government officials to ensure that appropriate applications are submitted; however, they have yet to receive Provincial funding. She noted that the Clarington Older Adult Association is the only centre in Durham Region that is not supported by the Elder Persons Centre Grant funding and consequently, increased funding is required otherwise programs and services may be negatively impacted. Ms. Darlison feels Clarington residents are not being treated equally and requested Council to endorse a resolution to petition the Provincial government to provide funding to the Clarington Older Adult Association under the Elder Persons Centre Grant Funding Program. 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 expressing concerns that there are several omissions in the audited financial statements of Mayor Jim Abernethy’s election campaign. Mr. Ward feels Mayor Abernethy’s audit was falsely prepared and referred to the number of election signs and the stated costs. He feels the actual value of the goods and services were not applied to the purchase of signs and the issue is a serious violation of the Municipal Elections Act. Mr. Ward requested a criminal investigation be undertaken into the matter. Council Meeting Minutes - 5 - September 24, 2007 The Mayor resumed the Chair. June Davies addressed Council concerning Energy-From-Waste stating she feels the option of incineration is a serious digression from the work that needs doing and that a zero waste reduction plan implementation strategy would be a better alternative. She stated if the $250 million dollar investment was applied to a Regional Zero Waste Production Plan, 70% of waste would no longer be produced or would be diverted with the assistance of government regulations, a shift in responsibility for product life cycle, the creation of green business, and the increasing of recycling centres. Mrs. Davies feels the public would respect Council if a shift was made from the current course of action to a zero waste strategy and urged Council to take up the challenge and make an incinerator unnecessary. Shirley Crago advised prior to the meeting that she would not be speaking. Dr. Debra Jefferson addressed Council concerning Energy-From-Waste stating on September 4, 2007, she presented a petition signed by a number of physicians in Clarington expressing concern about the effects of incineration on human health and the environment. She noted since that time, 43 additional physicians working within the Lakeridge Health Corporation have signed the petition urging the Region to consider alternatives to thermal waste treatment. Dr. Jefferson stated the petition will be formally presented to the Regional Health and Social Services Committee later this week and left a copy of the petition with the Municipal Clerk. Dr. Jefferson discussed the findings of the peer review of the Durham EFW Generic Risk Assessment noting the epidemiologic evidence is inconclusive in that one can’t say that modern incinerators are safe or not safe. She noted that part of the recommendation is that upset conditions be part of any site-specific risk assessment. Dr. Jefferson expressed concern that there are no risk assessment methods that can measure the effects of ultrafine and nanoparticulate exposure as technology to measure and monitor these toxins does not exist. Dr. Jefferson feels there are enough uncertainties about the effects on human health that alternatives to incineration should be chosen. She also expressed concern with the political process in that commissioned reports were not released in a timely manner to allow for proper review and feedback and that only one Public Information Session has been scheduled to allow for public input. Dr. Jefferson urged Council to insist on more than one Public Information Session and that formal presentations be offered both at 4:00 p.m. and at 7:00 p.m. Lee McHugh addressed Council concerning Energy-From-Waste expressing concern with the increased truck traffic that will be added to the roadways to deliver and remove residual ash and feels there will be the potential for increased accidents as a result. Mr. McHugh questioned the financial risk that has fallen to the Region of Durham with the reduced commitment from York Region. He also hoped that the general principles outlined in Regional Report 2007-J-14 for consideration in the development of a Host Community Agreement will be upheld in an attempt to balance the impacts a local community may experience when hosting a major waste management facility. Mr. McHugh expressed support for the formation of a Public Council Meeting Minutes - 6 - September 24, 2007 Liaison Committee to provide input into the final version of the Agreement to reflect the concerns of the community. Wendy Bracken addressed Council concerning Energy-From-Waste. Ms. Bracken highlighted the findings of Dr. Smith’s review of the Durham/York Generic Human Health and Ecological Risk Assessment which made no conclusion about whether or not modern incinerators are safe or if one could be safely sited in Durham or York Regions. Ms. Bracken acknowledged that Dr. Smith did identify key concerns, namely nanoparticles associated with toxins that were not addressed in the GHHERA that would have complex health implications noting it would be relevant to ensure that residual wastes were free of those components before the waste is destroyed in an EFW facility. Ms. Bracken feels that due to the uncertainties and potential for harm to human health, the only safe course of action is to use the precautionary principle, as was unanimously approved by Halton Regional Council and to look for safer and more sustainable methods of handling residual waste. Ms. Bracken again urged Council to declare that Clarington will not be a willing host to an EFW facility. Ms. Bracken also expressed concern with the site selection process and critical flaws and omissions in the environmental study to date. She further requested Council to request to change the consultant’s presentation at the upcoming Public Information Session to a more appropriate time to allow for public input. Jaison Gibson addressed Council concerning Energy-From-Waste. Mr. Gibson feels that the public’s comments are being ignored and it would be unlikely that any facility, if approved, would be built within budget. Mr. Gibson stated there will be a significant amount of money generated once the Michigan border is closed and questioned if revenues would be re-invested in the community or would royalties be paid to a private company. Mr. Gibson stated the facility will cause sickness and affect nature at all levels as there has been no guarantee that this technology is safe. He stated he does not want to come here week after week to defend his children and that he has lost respect for government. Mr. Gibson feels an incinerator should not be built anywhere. Kristin Robinson addressed Council concerning Energy-From-Waste expressing concern that the background reports requested by Council in July on the impacts of incineration were not made available to the public until last Friday, the same day that the preferred site was announced which did not provide an opportunity for the public to comment. Ms. Robinson also expressed concern that only one public information session has been scheduled and that at least two different sessions should be arranged in order to allow the public some flexibility to attend. She also expressed concern that the timing of the formal presentation has been set for 9:00 p.m. and questioned the logic of arranging the presentation at a time that would be inconvenient for the majority of the public to attend. Ms. Robinson suggested Council adopt a resolution to request another venue and a rescheduling of the formal presentation to 4:00 p.m. and 7:00 p.m. Council Meeting Minutes - 7 - September 24, 2007 Ron Collis addressed Council concerning Energy-From-Waste questioning the ecological impact of increased pollution and the logic of adding additional pollutants into the atmosphere. Mr. Collis feels that incineration needs to be considered a short- term solution. He also questioned if the impact on property assessment has been studied and what the effect will be once the facility becomes operational. Mr. Collis feels that Council should also request the Region to identify what the benefits of being a “willing host community” are. Kerry Meydam addressed Council regarding Energy-From-Waste expressing concern with the Environmental Assessment process and the lack of respect from the Region in allowing Clarington Council, staff and the general public sufficient time to review withheld reports prior to the release of the preferred site recommendation. Ms. Meydam also discussed the response of Dr. Smith on her review of the Generic Human Health and Environmental Risk Assessment in relation to the safety of the operation and the disregard for the inclusion of nanoparticles in the risk assessment due to the inability to capture, monitor or regulate their emissions. She stated that more than one Public Information Session should be held and that the timing of the formal presentation should be changed so that more convenient and accessible sessions will be held in Courtice. Ms. Meydam requested Council to determine what the benefits for Clarington residents are in locating such a facility in the municipality and what the difference would be between declaring Clarington as a willing or unwilling host. Ms. Meydam summarized by requesting Council re-examine and reconsider Alternatives To and what the contingency plan is should the incinerator not be approved. John Wegener addressed Council concerning the zoning compliance extension granted to Doug Bickle to relocate his business. Mr. Wegener stated he resides directly across from the illegal landscaping and snowplowing operation and has endured an unreasonable amount of noise from heavy trucks and machinery, unsightly piles of rubbish and disturbances associated with the day to day operation of the business. He noted the business is particularly aggravating during winter months and he is opposed to any extension of the zoning compliance. He feels that if Mr. Bickle were to give Council a written guarantee that once the extension period has lapsed he would not pursue a rezoning, then he would not be opposed to the extension. In response to questions, Mr. Wegener stated his concerns with the business were not brought forward before as he had assumed the property was in compliance with the zoning requirements. He further replied that there appeared to be two separate businesses being run out of the location and hopes the granting of the extension is not a ploy to continue to operate without the proper zoning in place. Jim Strickland was called but was not present. Council Meeting Minutes - 8 - September 24, 2007 Resolution #C-477-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Council recess for five minutes. “CARRIED” The meeting reconvened at 9:40 p.m. COMMUNICATIONS Resolution #C-478-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 1 and I - 3. “CARRIED” I – 2 Minutes of the Ganaraska Region Conservation Authority dated A01.GA July 19, 2007. I – 4 John R. O’Toole, MPP Durham, expressing his disappointment over F11.GE the lack of provincial funding for the Clarington Older Adult Association under the Provincial government’s recent announcement of increased support for Elderly Persons Centres; commending the Association for providing activities and events to help older persons remain active and engaged in the community; and, suggesting Council follow up with the Minister to ensure the Association is given consideration in the current round of provincial funding. I – 5 Sheila Hall, Membership Services Manager, Clarington Board of D02.GE Trade, thanking Mayor Abernethy for participating in the in camera session with the Honourable Greg Sorbara, Minister of Finance on August 30, 2007, providing representatives from all sectors and geographic areas of Clarington with the opportunity to discuss several topics of importance to the business community with the Minister and to raise the community’s voice and presence to one of the most senior positions in the Provincial government. Council Meeting Minutes - 9 - September 24, 2007 I – 6 Martin de Rond, Director of Legislative & Information Services/Town C10.GE Clerk, Town of Ajax forwarding a copy of the Town of Ajax’s Heritage R01.GE Property Tax Rebate By-law and advising the Town of Ajax is requesting the Region of Durham to revisit the matter of adopting it’s own heritage property tax rebate by-law in order that worthy properties throughout the Region may receive financial consideration to assist in the preservation of heritage assets. I – 1 Minutes of the Clarington Agricultural Advisory Committee dated A01.CL April 12, May 10 and June 14, 2007. Resolution #C-479-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I – 1 be received for information. “CARRIED” I – 3 Minutes of the Clarington Highway 407 Community Advisory A01.CL Committee and the Agricultural Advisory Committee of Clarington dated August 22, 2007. Resolution #C-480-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Minutes of the Clarington Highway 407 Community Advisory Committee and the Agricultural Advisory Committee of Clarington dated August 22, 2007, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-481-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Items be approved as per the agenda with the exception of Items D - 5, D – 6, D - 9 and D - 13 to D - 16, inclusive. “CARRIED” Council Meeting Minutes - 10 - September 24, 2007 D – 1 Peter S. Taylor, President, Durham Chapter of the Canadian Society M02.GE of Training and Development, a national not-for-profit membership association serving the field of workplace learning and performance, requesting September 24 to 28, 2007, be proclaimed ‘Learn to Work Week’ in Clarington in recognition of the importance of workplace learning and performance to key stakeholders and the public-at- large. (Proclaimed) D – 2 Shane Morris tendering his resignation from the Traffic Management A01.CL Advisory Committee as he is no longer a resident of Clarington. C12.GE (Correspondence received with regret, and referred correspondence to the Municipal Clerk) D – 3 Bettina Brown, Clarington Central Secondary School advising of the T09.GE second Annual Terry Fox Run/Walk to be held on September 28, M02.GE 2007, from 8:30 a.m. until 11:30 a.m., forwarding a copy of the proposed route and insurance policy and requesting Council’s support in processing the application for this special community event. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D – 4 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade, th T09.GE requesting permission to hold the 46 Annual Santa Claus Parade M02.GE on Saturday, November 17, 2007, starting at 10:30 a.m., highlighting the parade route and requesting the cooperation of the Police Department, Operations Department and Municipal Services and the use of the Old Fire Hall. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 11 - September 24, 2007 D – 7 Roman Zydownyk expressing concern with the application submitted D.14 by 1276467 Ontario Limited to amend the Official Plan and Zoning By-Law to permit apartment and townhouse uses, remove the neighbourhood park symbol, and permit additional commercial parking for lands fronting Durham Highway 2 due to traffic and safety related issues, environmental, economic and social impacts on the local environment, availability of municipal services and impact on the tax base and advising of a petition signed by over 100 residents of the impacted neighbourhood who are united against the proposed land changes to valued greenspace. (Correspondence referred to the Director of Planning Services) D – 8 Sheila Costanzi expressing opposition to the development D.14 application submitted by 1276467 Ontario Limited to amend the Official Plan and Zoning By-Law to permit apartment and townhouse uses, remove the neighbourhood park symbol, and permit additional commercial parking for lands fronting Durham Highway 2. Ms. Costanzi’s objections include impacts on traffic, strain on emergency services, overall aesthetics and compatibility with the surrounding neighbourhood, increased vandalism and property damage and the inconvenience of additional major construction projects within the Darlington neighbourhood. (Correspondence referred to the Director of Planning Services) D – 10 Fraser and Cathryn Grant expressing concern a proposed incinerator E07.EN may be constructed near their parents’ farm devaluing their land and eroding their ability to retire comfortably, expressing concern with the added impact a garbage incinerator will have on human health and the environment, and, requesting Council to efficiently research a more positive and healthy system to deal with waste disposal as they feel an incinerator is not the solution to the problem. (Correspondence referred to the Director of Planning Services) D – 11 Jean and Wallace McKnight expressing concern that a proposed E07.EN incinerator may be constructed next to their property, that it will have an effect on visitors to Darlington Provincial Park, will create traffic issues and suggesting that if an incinerator does not meet the promise of a safe waste disposal system with no impact on the public health and environment it should not be constructed. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 12 - September 24, 2007 D – 12 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington M02.GE (AACC) requesting Council’s support of the Farmer’s Parade of Lights to be held on Wednesday, December 5, 2007. The AACC became the municipal sponsor of the event in 2006 to facilitate the necessary permits, police assistance, publicity and insurance coverage and have made application to the Engineering Services Department for the necessary road closures. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D – 5 Paul Taylor requesting September 30 to October 6, 2007, be M02.GE proclaimed “Mental Illness Awareness Week” in an effort to reduce the stigma of mental illness. Resolution #C-482-07 Moved by Councillor Trim, seconded by Councillor Woo THAT September 30 to October 6, 2007, be proclaimed “Mental Illness Awareness Week”. “CARRIED” D – 6 Dave Renaud, President, CAW Durham Environment Council E07.EN forwarding two documents – “The Lethal Consequences of Breathing Fire” and “Incineration: Not Safe, Not Sensible – The Facts and Issues” and requesting Members of Council consider the documents as part of their due diligence and to look objectively at the potential effects of incineration on local human health, the environment and economics prior to making a decision regarding the proposed Energy-From-Waste or Incinerator facility. D – 9 Ann and Mike Buckley outlining the effects of pollution in the air and E07.EN on our water supply; expressing concern with the human health risk and environmental impacts a proposed incinerator will have on present and future generations; requesting the promise of a safe waste disposal system with no impact on public health and the environment be kept; and urging Council to vote “No” to an incinerator and “Yes” to an alternative way of recycling, reducing and reusing. Council Meeting Minutes - 13 - September 24, 2007 Resolution #C-483-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Items D - 6 and D - 9 be referred to the Director of Planning Services and to the Joint Waste Management Group. “CARRIED” D – 13 Denise Labelle-Gelinas, City Clerk, City of Cornwall, advising C10.GE Council that on August 13, 2007, the City of Cornwall passed the following resolution pertaining to the cost of downloading provincially mandated programs: “WHEREAS, when 20% of the cost of programs such as Social Assistance, ODSP, Ontario Drug Benefits, child care services and facilities were downloaded from the Province and where Municipalities were informed that the process was supposed to be revenue-neutral, and which has not been to date; and WHEREAS as provincially mandated programs, these should be provincially funded programs not municipally funded by taxes. NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall request the Province of Ontario to assume 100% of the Court Security costs; and NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall further request the Province of Ontario re-assume 100% of the cost of all provincially mandated programs such as Social Assistance, ODSP, Ontario Drug benefits, child care services and facilities; and BE IT FURTHER RESOLVED THAT this Resolution be sent to our local M.P.P., Mr. Jim Brownell, A.M.O., AMCTO, and all municipalities in Ontario for Support.” Resolution #C-484-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the City of Cornwall concerning the cost of downloading provincially mandated programs be endorsed. “CARRIED” Council Meeting Minutes - 14 - September 24, 2007 D – 14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington A01.CL (AACC) advising Council that on August 30, 2007, the AACC C10.GE endorsed the following resolution of the United Counties of Stormont, Dundas and Glengarry pertaining to the Farm Tax Rebate Program as referred to the AACC by Council on July 30, 2007: “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; 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 Council Meeting Minutes - 15 - September 24, 2007 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-485-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the United Counties of Stormont, Dundas and Glengarry pertaining to the Farm Tax Rebate Program be endorsed ‘in principle’ and referred to the Director of Finance/Treasurer. “CARRIED” D – 15 Jason Skinner requesting his commissioned body of art, which A21.GE required the donation of a pair of Council Members “unmentionables”, be put on display at the Municipal Administrative Centre for the period leading up to the Annual Apple Festival following which an auction be arranged with proceeds of the sale of the art to support another community event involving the arts. Resolution #C-486-07 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D – 15 be referred to staff. “CARRIED” D – 16 Kerry Costello, Town Clerk, Town of Smith Falls, advising Council C10.GE that on September 17, 2007, the Town of Smith Falls passed the following resolution pertaining to reforms of the assessment system: “WHEREAS the Province announced certain reforms of the assessment system during the current re-assessment freeze; Council Meeting Minutes - 16 - September 24, 2007 AND WHEREAS these reforms did not include a re-vamping of the actual system of taxation; AND WHEREAS it has recently been reported that the intent may be to apply the current commercial/industrial/multi-residential capping system to residential rate payers when the freeze is over; AND WHEREAS it is commonly recognized that the capping system has numerous flaws that result in numerous unfair situations; AND WHEREAS applying the capping to residential rate payers may benefit those whose assessment has increased dramatically it could potentially have a detrimental effect on a far larger number of rate payers if it forces Council to raise the municipal tax rate which affects everyone, not just those whose assessment has increased. NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Smiths Falls urges the Association of Municipalities of Ontario to take a much more active role in this situation and exhort the Province to re-vamp the property tax system in a fair and equitable manner. AND FURTHER THAT this resolution be sent to the Association of Municipalities of Ontario for circulation to all Ontario municipalities, the Premier of Ontario, the Minister of Finance, the Minister of Municipal Affairs and Housing and M.P.P. Norm Sterling.” Resolution #C-487-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Town of Smith Falls pertaining to reforms of the assessment system be endorsed. “CARRIED” MOTION NOTICE OF MOTION Council Meeting Minutes - 17 - September 24, 2007 REPORTS Report #1 - General Purpose and Administration Committee Report September 17, 2007 Resolution #C-488-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of September 17, 2007, be approved, with the exception of Items #18 and #24. “CARRIED” Item # 18 Resolution #C-489-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Michael Patrick, Clarington Board of Trade, be referred to the Chief Administrative Officer to enter into contract negotiations with the Clarington Board of Trade. “CARRIED” Item # 24 Resolution #C-490-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Item 24 of Report #1 be considered during a “closed” session of Council. “CARRIED” Councillor Foster stated a declaration of pecuniary interest with respect to Report #2 as one of the bidders is a client of his. Councillor Foster refrained from discussions and voting on this matter. Council Meeting Minutes - 18 - September 24, 2007 Report #2 - Report COD-050-07 – Newcastle Library Capital Project Resolution #C-491-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report COD-050-07 be received; THAT the Tender Bids received for Tender CL2007-42 be rejected; THAT the revised Capital Budget Amount of $3,450,047.00 be confirmed; THAT the Newcastle Library Building Committee be authorized to re-scope the Newcastle Library project and to re-issue the tender to the same pre-qualified general contractors early 2008; THAT the previously awarded consultant’s contract with Shoalts Zaback Architects Ltd, Kingston, Ontario, be amended to reflect the additional design to a maximum amount of $75,000.00 and, to include LEED design work in the amount of $68,000.00 plus $60,000.00 for the LEED Application, Energy Modelling and Commissioning without impact to the project budget; and THAT the By-law attached to Report COD-050-07 marked Appendix “A” authorizing the Mayor and Clerk to amend the existing contract agreement between Shoalts Zaback Architects Ltd. and the Municipality be approved. “SEE FOLLOWING MOTION” Resolution #C-492-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Report COD-050-07 be referred back to staff for a report detailing the reasons for the re-tendering of the project to be submitted to Council at the next meeting. “CARRIED” Report #3 - Confidential Report of the Chief Administrative Officer and Director of Planning Services – Property Matter Report #4 – Confidential Verbal Report of the Chief Administrative Officer – Personnel Matter Council Meeting Minutes - 19 - September 24, 2007 Resolution #C-493-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT the meeting be “closed” in order to consider Reports #3 and #4 and a confidential personnel matter. “CARRIED” Resolution #C-494-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” Report #5 – 2008 Preliminary Budget Overview Resolution #C-495-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-018-07 be received for information. “CARRIED” UNFINISHED BUSINESS Resolution #C-496-07 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS the Clarington Older Adult Centre has been providing exceptional services to the 50+ population of Clarington since 1998; WHEREAS the funding under the Elderly Persons Centres Act has never been available to the Clarington Older Adult Association due to a freeze in the funding by the Province that occurred when the centre opened; WHEREAS, should this have been available to the COAA, they would have received approximately $270,000 since their inception in programming funds; WHEREAS it appears that the COAA are the only centre in Durham not supported by the Elderly Person Centres Act grant program; Council Meeting Minutes - 20 - September 24, 2007 WHEREAS the COAA have been instrumental in lobbying for many years for expansion in funding for elderly persons centres but have not been included in recent announcements because the expanded funding has only been made available to existing Elderly Persons Centre Grant funded organizations; NOW THEREFORE BE IT RESOLVED THAT the Honorable Jim Bradley, the Minister Responsible for Seniors and the Honorable George Smitherman, the Minister of Health and Long-term Care be requested to include the Clarington Older Adult Centre on equal footing to the existing funded organizations by providing funding to them under the expanded Elderly Persons Centre Grant program; and THAT the Region of Durham and all Durham MPPs be copied on this resolution. “CARRIED” Resolution #C-497-07 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS, in light of the fact that the Municipality of Clarington could become an unwilling or willing host for the EFW facility; and WHEREAS the Clarington 01 site has been recommended for the EFW facility; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request the Regional Municipality of Durham to host more than one Public Open House and more than one formal presentation; and THAT the additional Public Open Houses and formal presentations be held in Courtice as the residents of Courtice will be impacted by the EFW facility more than other residents of Clarington. “CARRIED” Resolution #C-498-07 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS the Black Ribbon signifies the blackness that people with mental illness live everyday. The gold pin represents the ray of hope that they have; and WHEREAS: mental health issues affect everyone, relatives, friends, neighbours and co-workers. Mental health issues cross all borders of race, religion and social status; and Council Meeting Minutes - 21 - September 24, 2007 WHEREAS: it is desirable to reduce the sigma of mental illness and to raise local funds for public health programs; NOW THEREFORE BE IT RESOLVED that Council supports Project Black Ribbon for Mental Health. “CARRIED” Resolution #C-499-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, be received with thanks. “CARRIED” Resolution #C-500-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Lois Neill be referred to staff. “CARRIED” Resolution #C-501-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT as part of the host community discussion, Clarington staff request Durham Region to clarify the advantages of the Municipality of Clarington being a willing host for the EFW facility for Clarington residents; and THAT Clarington staff report back to Council the information gained from these discussions. “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 Trim v Councillor Woo v Mayor Abernethy v Council Meeting Minutes - 22 - September 24, 2007 OTHER BUSINESS Councillor Woo extended an invitation to all to attend the Family Safety Day hosted by Clarington Fire and Emergency Services on Saturday, September 29, 2007, Fire Station #1. 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 the remainder of the meeting. Resolution #C-502-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Richard Ward be received with thanks. “CARRIED” Councillor Novak advised of the Central Lake Ontario Conservation Authority’s 2007 Durham Children’s Groundwater Festival, to be held on Tuesday, th September 25 at Camp Samac in Oshawa. Councillor Hooper thanked Members of Council and staff of the Engineering Services Department on behalf of the Bowmanville BIA, for the free half hour transit service for the Bowmanville AppleFest on October 13, 2007. Mayor Abernethy advised of the great turn-out at the Orono Chili Cook-off held on Saturday, September 22, 2007. He noted he and his wife, along with Gerry and Fran Johnson, were contestants in the annual chili cook-off winning second place in the event and that proceeds from the day’s activities were in support of the Bowmanville Memorial Hospital Foundation. BY-LAWS By-law 2007-196 (relating to Report #2 – Staff Report COD-050-07) was referred back to staff. Council Meeting Minutes - 23 - September 24, 2007 Resolution #C-503-07 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2007-191 to 2007-195, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-191 Being a by-law to amend By-law 2007-036 to appoint a member to the Property Standards Committee for the Municipality of Clarington 2007-192 Being a By-law to authorized a contract between the Corporation of the Municipality of Clarington and Boyle Excavating, Bowmanville, Ontario for the Stevens Road Extension Project 2007-193 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (V. Bowen, A. Bowen And M. Watson) 2007-194 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) 2007-195 Being a By-law to amend By-law 2005-108, a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 19997, to provide for a 50% refund of development charges fees for major office buildings that are LEED certified on lands identified in Schedules 6A and 6B Resolution #C-504-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the third and final reading of By-laws 2007-191 to 2007-195, inclusive, be approved. “CARRIED” Mayor Abernethy, Councillor Hooper and Councillor Foster stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. Council Meeting Minutes - 24- September 24, 2007 CONFIRMING BY-LAW Resolution #C-505-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2007-197, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 24t11 day of September, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-506-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the third and final reading of By-law 2007-197 be approved. "CARRIED" ADJOURNMENT Resolution #C-507-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 11 :53 p.m. ~=- "CARRIED" M