Loading...
HomeMy WebLinkAbout10/15/2007 Council Meeting Minutes October 15, 2007 Minutes of a regular meeting of Council held on October 15, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Director of Corporate Services/Acting Chief Administrative Officer, M. Marano Manager of Transportation and Design, L. Benson Deputy Fire Chief, M. Berney Director of Community Services, J. Caruana Solicitor, D. Hefferon Director of Operations, F. Horvath Manager of Community Planning & Design, C. Salazar Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item 2 of Report #1. Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegation of Richard Ward, Correspondence Item D - 15, and Items 4 and 13 of Report #1. Later in the meeting Mayor Abernethy stated a pecuniary interest with respect to the delegation of Tammy Day and Correspondence Item D - 8. Council Meeting Minutes - 2 - October 15, 2007 MINUTES Resolution #C-513-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 24, 2007, and the minutes of a special meeting of Council held on October 5, 2007, be approved. “CARRIED” Resolution #C-514-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Kristin Robinson and Wendy Bracken be added to the list of delegations. “CARRIED” Resolution #C-515-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Items D - 20 from Debbie MacDonnell, D - 21 from W. Arlene Malcolm, D - 22 from Stephanie Butler and D - 23 from Koren Kassirer be added to the agenda. “CARRIED” PRESENTATIONS Resolution #C-516-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the presentation regarding the Waste Reduction Challenge be deferred to the next Council meeting. “CARRIED” Council Meeting Minutes - 3 - October 15, 2007 DELEGATIONS Patrick McNeil, Senior Vice-President, Nuclear Generation Development, Ontario Power Generation (OPG), addressed Council providing an update on the Darlington B Environmental Assessment and to report on the work OPG has been doing since their last update to Council in June, 2007. Mr. McNeil advised construction of a new facility is a large and complex process divided into a series of phases. He stated the project description is set for up to four units, noting the upper bounds have been set for EA purposes. Mr. McNeil advised the draft EA Study Report has been issued; however, the EA is the responsibility of the Canadian Nuclear Safety Commission who will develop the final report. Through use of a PowerPoint presentation, Mr. McNeil overviewed the scope of the project including site preparation and construction, operation, decommissioning and abandonment phases, associated timelines, environmental baseline studies, site option studies and next steps in the EA process. Assuming the EA is approved, site preparation and construction will occur between 2010 and 2025, with units operational between 2106 and 2100 and decommissioning and abandonment from 2100 to 2150. Resolution #C-517-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the rules of procedure be suspended to allow for the delegation to continue beyond the ten minute limit. “CARRIED” Mr. McNeil stated OPG is committed to having open and transparent dialogue with the community and are participating in a variety of community events. He noted they will be issuing a newsletter in November, conducting stakeholder briefings and making presentations to both Regional and Local Councils. Mr. McNeil encouraged the public to visit their website at www.opg.com/newbuild for further information or call 1-866- 487-6006. In response to questions, Mr. McNeil stated a decision on location has not been made but OPG’s view is that Darlington will be the chosen site and that they fully expect construction will take place here. He also confirmed that the final decision as to what technology will be used will be made by the Federal Government based on established criteria. Council Meeting Minutes - 4 - October 15, 2007 Reverend Markus Lise addressed Council requesting the week of October 21 to 27, 2007, be proclaimed as “Spiritual and Religious Care Awareness Week”. Reverend Lise advised he had previously submitted the request in writing and was advised that Municipal policy prohibits the proclamation of matters of religious beliefs. Through use of a PowerPoint presentation Reverend Lise provided background information on the Ontario Multifaith Council on Spiritual and Religious Care and outlined the Organization’s goal in assuring the provision of adequate and appropriate spiritual care and religious rights to all persons in the care of the Province including hospitals, long-term care facilities, correctional institutions, etc. Reverend Lise stated they are a positive organization trying to promote dialogue and interest between religions and was hoping the policy would not apply to their group. Reverend Lise requested Council’s cooperation in proclaiming the week and permitting the organization to post “Caring for the Human Spirit” posters. Martha Hendrikx, Newcastle Santa Claus Parade Committee, addressed Council concerning Correspondence Item D - 3 requesting Council’s support for the Newcastle Santa Claus Parade and Fireworks to be held on November 25, 2007 starting at 5:30 p.m. Ms. Hendrikx advised the event has grown since the first parade three year’s ago noting last year there were 80 parade entries with an estimated crowd of over 8500 enjoying the event. Ms. Hendrikx confirmed that all appropriate paperwork has been completed and the event is sponsored by the Newcastle BIA. Ms. Hendrikx requested Council’s support of the parade. Libby Racansky addressed Council concerning the water level in the Black/Farewell/Harmony Watershed expressing concern that monitoring is not being undertaken on the impact of development on the groundwater recharge area. She stated with each development in the area the water table declines because no plans for its protection were made. Through use of a PowerPoint presentation, Ms. Racansky highlighted the Black, Farewell and Harmony tributaries and provided digital comparisons of water table lowering from 1995 to present. Ms. Racansky urged Council to prepare an Environmental Master Plan that would maintain, enhance and restore the environment in Clarington and protect these creeks. Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 8 and the delegation of Tammy Day as they relate to the Zoning By-law Amendment application submitted by John Hinds for 279 King Avenue in Newcastle, as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Resolution #C-518-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Items D - 8 and D - 15 be referred to the end of the Correspondence for Direction Section of the Agenda. “CARRIED” Council Meeting Minutes - 5 - October 15, 2007 Mayor Abernethy stated a pecuniary interest with respect to the delegation of Richard Ward as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Richard Ward addressed Council concerning the powers and duties of the auditor in conducting the compliance audit of Mayor Abernethy’s election campaign expenses. Mr. Ward stated he had previously identified areas of extreme importance relating to the audit that the auditor has neglected to address in his report. He noted his primary concern was that the material supplied in the audit was false and improper as he feels it was obvious that the expenses did not correlate with the actual costs of the campaign. Mr. Ward requested Council not to receive his delegation for information but to provide direction to initiate a criminal investigation into the matter. Tammy Day addressed Council concerning Item 4 of Report #1 regarding the application for rezoning of 279 King Avenue, Newcastle, submitted by John Hinds to permit the operation of a daycare facility. Ms. Day stated she was in attendance this evening to impress upon Council the impact the rezoning process is having on her livelihood and staff. She stated the lease at her present location expired in July and she had anticipated being in the new location in September. Ms. Day responded to questions arising from discussion at the General Purpose and Administration Committee meeting regarding the issue of garbage, noise, drainage and parking. She noted under her licensing agreement with the Ministry of Children and Youth Services, garbage would be contained and placed out for pick-up weekly. She stated the garbage currently at the site is construction debris. Ms. Day confirmed that the applicant has submitted a drainage survey to staff indicating no changes were necessary. She also advised her school has been located beside the Newcastle Funeral Home for eight years and they have never received a complaint regarding noise. Ms. Day further advised that parking would not be an issue as parents would be just dropping off and picking up their children at certain times throughout the day. She requested Council to approve the application quickly so her business can expand and she can continue to serve the community. In response to questions, Tammy Day confirmed that her lease at the current location is on a monthly basis as needed and that she has had to turn away parents requiring much-needed daycare until the school is relocated. In response to questions regarding the issue of a school vs. a daycare facility, Ms. Day outlined the requirements of a private school advising the title of the business is her own choice. She stated the facility is licensed and must meet and maintain Provincial standards and that the program advisor is aware that they operate on a Montessori philosophy. The Mayor resumed the Chair. Council Meeting Minutes - 6 - October 15, 2007 Kristin Robinson addressed Council concerning Energy-From-Waste. Ms. Robinson stated she attended the recent Public Information Session questioning why no testing of any animal, animal product or human has been undertaken to date. Ms. Robinson feels that it should be mandatory for the Site Specific Study to include this testing to determine baseline levels, noting she has contacted the Canadian Food and Inspection Agency and is waiting for their reply. Ms. Robinson also expressed concern with the lack of recycling facilities at the Bowmanville Creek along the trail. She noted the garbage containers were full of material that could be recycled if facilities were available. Ms. Robinson feels that recycling needs to be made easier for the public to take advantage of it. She summarized by stating “if we do enough small things and a couple of big things, we won’t have enough to feed an incinerator.” Wendy Bracken addressed Council concerning the Durham/York Residual Waste Study expressing concern with the report released by the Region’s consultants on the identification of the preferred site. Ms. Bracken stated the report is flawed and has major omissions on key considerations regarding health, environment and air and water quality. She also stated that the small radius of 1-2 kilometres is too narrow of a scope when assessing risk and that the greatest impact from emissions would be within 1 to 20 kilometres of the stack. Ms. Bracken also expressed concern that the Generic Health and Ecological Risk Assessment failed to address toxic nanoparticulates, unidentified complex mixture emissions, large epidemiological studies linking incineration and disease, negative impact on climate change and weak guidelines. She feels there is no benefit to this facility that supercedes our air, water, health and environment and urged Council to listen to the well founded and researched concerns of the public and doctors of our Region and to send a message that Clarington will not be a willing host. COMMUNICATIONS Resolution #C-519-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Item I - 12. “CARRIED” I - 1 Minutes of the Santa Claus Parade Committee dated November 29, A01.SA 2006. I - 2 Minutes of the Central Lake Ontario Conservation Authority dated A01.CE September 18, 2007. I - 3 Minutes of the Clarington Traffic Management Advisory Committee A01.CL dated June 21, 2007. Council Meeting Minutes - 7 - October 15, 2007 I - 4 Minutes of the Animal Advisory Committee dated September 12, A01.CL 2007. I - 5 Minutes of the Clarington Highway 407 Community Advisory A01.CL Committee dated October 5, 2007. I - 6 Minutes of the Clarington Heritage Committee dated September 18, A01.CL 2007. I - 7 Minutes of the Durham Nuclear Health Committee dated A01.DU September 14, 2007. I - 8 Correspondence from Regional Councillor Trim to the Spratleys T04.GE responding to their concerns regarding the rehabilitation of Regional Road 18, advising the surface treatment, applied to a section of Regional Road 18, is the best performing and most economical treatment considering the findings of geotechnical investigations and in consideration of traffic volume, frost susceptibility, cost and anticipated lifespan factors. I - 9 P. Madill, Regional Clerk, Regional Municipality of Durham, advising C10.GE Council that on September 19, 2007, the Region of Durham passed the following resolution pertaining to Planning activities: “a) THAT Report #2007-P-65 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2007-P-65 be forwarded to all Durham area municipalities, Durham Regional Police Services, and Durham Emergency Medical Services for information.” I - 10 P. Madill, Regional Clerk, Regional Municipality of Durham, advising C10.GE Council that on September 19, 2007, the Region of Durham passed the following resolution pertaining to traffic control signals on Townline Road: “THAT Report No. 2007-W-89 of the Commissioner of Works be received for information; and THAT a copy of Report No. 2007-W-89 be forwarded to the City of Oshawa and the Municipality of Clarington.” Council Meeting Minutes - 8 - October 15, 2007 I - 11 P. Madill, Regional Clerk, Regional Municipality of Durham, C10.GE forwarding correspondence to Brian Denny, Toronto Region Source Protection Authority advising that on September 19, 2007, the Region of Durham passed the following resolution pertaining to the establishment of Drinking Water Source Protection Committees: “a) THAT Joint Report #2007-J-31 be received for information and forwarded to Durham Area Municipalities and Source Protection Authorities for information; and b) THAT, as soon as possible, Regional Staff will provide Regional Council with recommendations regarding municipal nominees to the Source Protection Committees affecting the Region of Durham.” I - 13 Gaston Morin advising he has no objection to an Energy-From- E07.GE Waste facility. I - 14 Carl Zmozynski advising he is opposed to burning garbage when it is E07.GE possible to increase recycling. I - 15 Maureen Dingman expressing concern that incineration is harmful to E07.GE the environment and urging Council to think of future generations and alternate means to address waste disposal. I - 16 Keith and Shirley Crago questioning how the 425 Exit and entrance T08.GE to Highway 401 will be managed as a result of increased traffic from the sewage plant, the refuse plant, the Highway 407 link, local traffic and the future proposed Industrial Energy Park as the exit is the only access to Highway 401 for Courtice residents and to the Provincial Park. I - 17 Keith and Shirley Crago stating they feel the Courtice EFW site and E07.GE an incinerator are totally unacceptable as it will cause a drastic devaluation of their property and an increase in property taxes. I - 18 Stewart and Judy Dayes advising that they and their family do not E07.GE agree with incineration being the answer to waste management and feel that under no circumstances do they wish to have an industry that will cost so much but do so little for the welfare of Clarington citizens. Council Meeting Minutes - 9 - October 15, 2007 I - 19 Region of Peel advising of the Fourth Annual Public Sector Energy A04.GE and Environmental Summit – “Energy Matters 2008” to be held on E05.GE April 1 and 2, 2008, designed to foster best practices to make municipalities greener places to live, work and invest and to showcase how local governments from around the world are building sustainable communities and taking environmental stewardship into their own hands. I - 12 George Rocoski, Director (A), Central Region, Ministry of the E05.GE Environment, responding to Council’s correspondence concerning the status of the Experts Panel recommendations on Sound-Sorb with respect to the effects of pulp and paper biosolids used to construct Sound-Sorb berms at gun clubs; advising berms may continue to be built provided environmental protection standards are in place; and, further advising the Ministry is continuing to look at approaches to improve the management of Sound-Sorb, Nitro-Sorb and other mixtures containing PPBs that are applied on land to ensure the environment is protected, and that any odours or impacts to groundwater and surface water are addressed. Resolution #C-520-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item I - 12 be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-521-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, including Hand-out Items D - 20 to D - 23, with the exception of Items D - 8 to D - 19, inclusive. “CARRIED” Council Meeting Minutes - 10 - October 15, 2007 D - 1 Gary Lambert expressing concern with the application submitted by D.14 1276467 Ontario Limited to amend the Clarington Official Plan and D.09 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, citing noise and traffic issues, increased property taxes and costs associated with sewer installation and sidewalk construction on Darlington Boulevard required in connection with the proposed development. (Correspondence referred to the Director of Planning Services) D - 2 Sheila Costanzi forwarding comments subsequent to her D.14 appearance before Council on September 24, 2007, in opposition to D.09 the application submitted by 1276467 Ontario Limited to amend the Clarington 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, stating the majority of residents feel high density apartment and condominium complexes are more compatible along the major roads such as Highway 2 and Courtice Road instead of in existing mature neighbourhoods such as Darlington; requesting a survey be completed to determine if this high density development is needed; and, if warranted, requesting Council to consider medium density as an alternative. (Correspondence referred to the Director of Planning Services) D - 3 Martha Hendrikx and Joan Kimball, Newcastle Santa Claus Parade rd M02.GE Committee, requesting Council’s support for the 3 Annual Santa P11.GE Claus Parade to be held on November 25, 2007 from 5:45 p.m. to 7:00 p.m., requesting road closures along the parade route; and, requesting permission to conduct a fireworks display at 5:30 p.m. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and the required permit for the fireworks display from the Municipal Clerk’s Department) Council Meeting Minutes - 11 - October 15, 2007 D - 4 Willis and Marilyn Barraball advising they do not feel that the Region E07.GE of Durham has provided a satisfactory reason as to why Energy- From-Waste is the best alternative for waste management, questioning what alternatives were pursued prior to settling on EFW as the only method suitable for waste disposal, questioning if Zero Waste initiatives by aggressive diversion, extended producer responsibility and more stringent packaging laws were investigated; and advising they are saying NO to Energy-From-Waste and YES to Zero Waste. (Correspondence referred to the Director of Planning Services) D - 5 Cecile D. Bowers, Secretary, Branch 178, The Royal Canadian M02.GE Legion, advising of upcoming Remembrance Day events requesting permission to fly the Poppy Flag and start their Annual Poppy Canvass on Friday, October 26, 2007. (Sale of poppies approved and permission granted to fly the Poppy flag at the Municipal Administrative Centre) D - 6 Jim Strickland, Manager, Tirecraft, advising Dwayne Hilderbrandt is P01.GE on 24-hour emergency standby for roadside assistance for municipal and regional vehicles and requesting an exemption to the traffic by- law to permit his emergency vehicle to be parked overnight on street in Bowmanville when in service. (Correspondence referred to the Municipal Clerk) D - 7 Don Grant, Competent Communicator, Club President 2007/2008, M02.GE Bowmanville Toastmasters Club, an international non-profit organization devoted to helping people develop communication and leadership skills, requesting November 12 to 17, 2007, be proclaimed “Bowmanville Toastmaster Week” in celebration of th Bowmanville Toastmaster’s 20 Anniversary of receiving their club charter. (Proclaimed) D - 20 Debbie MacDonnell advising she is in support of the Zoning By-law D.14 Amendment submitted by John Hinds to permit the operation of the Summit Montessori School at 279 King Avenue, Newcastle stating the school is a great asset to the town, there have never been any complaints regarding noise and many families are anxiously waiting for the new location to open. Ms. MacDonnell urged Council to do whatever possible to speed up the process. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 12 - October 15, 2007 D - 21 W. Arlene Malcolm advising she is in support of the Zoning By-law D.14 Amendment submitted by John Hinds to permit the operation of the Summit Montessori School at 279 King Avenue, Newcastle appealing to Council to consider the best interest of the children and to approve the rezoning to allow the children to be moved to the new location expeditiously. (Correspondence referred to the Director of Planning Services) D - 22 Stephanie Butler advising she is in support of the rezoning of D.14 279 King Avenue in Newcastle to permit the operation of the Summit Montessori School as she feels the movement of the school to the more central location will be an asset to the development of downtown Newcastle and encouraging Council to permit the rezoning process to continue quickly. (Correspondence referred to the Director of Planning Services) D - 23 Koren Kassirer expressing concern with the delays regarding the D.14 rezoning of 279 King Avenue in Newcastle to permit the operation of Montessori Nursery School; advising the school will be providing desperately needed day care spaces; and, urging Council to provide a quick resolution to allow the children to get into their new school and not face further upheaval. (Correspondence referred to the Director of Planning Services) D - 9 P. Madill, Regional Clerk, Regional Municipality of Durham, C10.GE forwarding Correspondence to Brian Denny, Toronto Region Source Protection Authority advising that on September 19, 2007, the Region of Durham passed the following resolution pertaining to the Durham Nomination to the Credit Valley/Toronto/Central Lake Ontario Source Protection Committee: “a) THAT in response to the call for nomination of municipal members from the Toronto and Region Source Protection authority (TRSPA), Durham Region’s Director of Environmental Services (currently Mr. John Presta), be nominated as the Durham municipal member of the Credit Valley/Toronto/Central Lake Ontario (CTC) Region Source Protection Committee; Council Meeting Minutes - 13 - October 15, 2007 b) THAT the Councils of the Cities of Oshawa and Pickering, the Towns of Whitby and Ajax, the Municipality of Clarington, and the Townships of Scugog and Uxbridge be requested to endorse the nomination of Mr. Presta, as the jointly selected representative for the Durham Region municipalities on the CTC Region Source Protection Committee and forward their endorsement to the TRSPA no later than October 23, 2007; and c) THAT a copy of this report be forwarded to Mr. Brian Denny, Toronto Region Source Protection Authority.” Resolution #C-522-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the nomination of John Presta as the jointly selected representative for the Durham Region municipalities on the Credit Valley/Toronto/Central Lake Ontario Region Source Protection Committee be endorsed. “CARRIED” D - 10 Kevin Heath, Acting Clerk-Administrator, Township of Stirling- C10.GE Rawdon advising Council that on September 4, 2007, the Township of Stirling-Rawdon passed the following resolution pertaining to catastrophic natural events: “WHEREAS taxpayers suffer severe undue hardships as a result of catastrophic natural events; AND WHEREAS taxpayers lives are in a state of disbelief, confusion, and financial upset as a result of catastrophic natural events; AND WHEREAS it is recognized that assistance is available through personal insurance as well as provincial aid through the Ontario Disaster Relief Assistance Program, however, such avenues do not provide for immediate assistance/aid to victims of catastrophic natural events; THEREFORE be it resolved that the Council of the Township of Stirling-Rawdon request that the governments at the federal and provincial level seek to develop a program that will provide prompt assistance to residents who are dealing with the aftermath and repercussions of a catastrophic natural event; Council Meeting Minutes - 14 - October 15, 2007 AND FURTHER copies of this resolution be forwarded to the Prime Minister of Canada, Premier of the Province of Ontario, the Minister of Community Safety and Correctional Services, local members of parliament, local candidates running in the provincial election and the Association of Municipalities of Ontario for circulation to all municipalities in Ontario asking for their support.” Resolution #C-523-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Township of Stirling-Rawdon pertaining to catastrophic natural events be endorsed ‘In Principle’. “CARRIED” D - 11 J. D. Leach, City Clerk, City of Vaughan, advising Council that on C10.GE September 10, 2007, the City of Vaughan passed the following resolution pertaining to litter-free Canada Post super mailboxes: “WHEREAS the proliferation of litter in the vicinity of the Canada Post super mailboxes has marred the appearance of adjacent streetscapes and has resulted in significant maintenance costs for the City since the development of this form of postal delivery; and WHEREAS this type of litter has been one of the greatest sources of complaint by residents living in the vicinity of these facilities; and WHEREAS the majority of such litter consists of unsolicited direct marketing or bulk mail (e.g., advertising flyers) delivered by Canada Post; and WHEREAS the direct marketing or bulk mail industry provides a service by which recipients of unsolicited direct marketing or bulk mail may request that the discontinuing of delivery of unsolicited direct marketing or bulk mail delivered by Canada Post; and WHEREAS the facilitation of requests to stop delivery by Canada Post of direct marketing or bulk service providers will greatly reduce the amount of direct marketing or bulk mail which forms much of the aforesaid litter; Council Meeting Minutes - 15 - October 15, 2007 THEREFORE BE IT RESOLVED THAT the City of Vaughan request that all householders receiving mail by Canada Post super mailboxes who do not wish to continue to receive direct marketing or bulk mail register that fact with Canada Post; and THAT this resolution be communicated to all municipalities within the Greater Toronto Region, Canada Post, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario and local MPP’s and MP’s.” Resolution #C-524-07 Moved by Councillor Woo, seconded by Councillor Novak THAT the resolution from the City of Vaughan pertaining to litter-free Canada Post super mailboxes be endorsed. “CARRIED” D - 12 Mike Leonard, Chief Building Official, City of Oshawa, advising P10.GE Council that the City of Oshawa passed the following resolution L11.GE pertaining to an Ontario Building Code Act Amendment regarding revocation of building permits: “WHEREAS, Section 8.(10) Clause (c) of the Ontario Building Code Act, 1992, as amended, states that: “…the chief building official may revoke a permit issued under this Act, (c) if construction or demolition of the building is, in the opinion of the chief building official, substantially suspended or discontinued for a period of more than one year; …” WHEREAS this clause allows only a small amount of construction activity to take place once per year in order to keep a building permit active and, as a result, a partially constructed building can sit in a derelict condition for years; WHEREAS this clause restricts the ability of a municipality to encourage construction activity leading to the timely completion of buildings; WHEREAS reducing the time that a partially constructed building can remain dormant from one year to six months would allow the Chief Building Official to revoke the permit sooner and have the building addressed under the property standards by-law. Council Meeting Minutes - 16 - October 15, 2007 THEREFORE, the City of Oshawa hereby supports amending Section 8.(10) Clause (c) of the Building Code Act, 1992, as amended, by reducing the time period of from one year to six months; and that a letter be forwarded to the Minister of Municipal Affairs and Housing; Ministry of Municipal Affairs and Housing; Building and Development Branch; Ontario Building Officials Association (OBOA); and to the Association of Municipalities of Ontario (AMO) for distribution and support from all municipalities in Ontario.” Resolution #C-525-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 12 be referred to the Director of Engineering Services. “LOST” Resolution #C-526-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the City of Oshawa pertaining to an Ontario Building Code Act Amendment regarding revocation of building permits be endorsed. “CARRIED” D - 13 Lorraine Heinbuch, Chief Administrative Officer/Clerk, Township of C10.GE Wellington North, advising Council that on October 1, 2007, the Township of Wellington North passed the following resolution pertaining to annual water sampling: “WHEREAS in June 2007, the Ministry of Environment released new regulations which were added to Reg 170/03 of the Safe Drinking Water Act, regarding the number of annual lead samples to be taken per drinking water system; and WHEREAS under these regulations, the number of annual samples required has increased substantially depending on the population served by a municipality's drinking water system(s); and WHEREAS the additional sampling requirements will result in increased annual sampling and labour costs which must be covered through increased water rates to the consumer; and Council Meeting Minutes - 17 - October 15, 2007 WHEREAS the number of samples required are not proportionate when comparing small drinking water systems to drinking water systems of larger municipalities of 100,000 or more; and WHEREAS due to amalgamations, many small municipalities are responsible for multiple small drinking water systems that are separate systems located in a small geographic area; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Wellington North calls upon the government and the Honourable Minister of Environment to reduce the lead sampling requirements for small municipal water systems proportionately to the number of samples required for larger municipalities of 100,000 or more ; and FURTHER BE IT RESOLVED THAT amalgamated municipalities with numerous small water systems be allowed to consolidate these systems for the purposes of identifying the total population served and perform the required lead sampling proportionately within their water systems based on the total population served; AND FURTHER that copies of this resolution be circulated to all municipalities across the Province of Ontario with water systems with the request that they pass similar resolutions of support and forward copies of their resolutions of support to their local MPP's and the Ministry of Environment.” Resolution #C-527-07 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 13 be received for information. “CARRIED” D - 14 Rhonda Mulcahy, Public Relations Chair, Clarington Speed Skating M02.GE Club, advising the Clarington Speed Skating Club will be hosting the Short Track Provincial Age Class Championship on March 1 and 2, 2008, at the South Courtice Arena; advising of the importance of this Championship Meet and of the Club’s goal to run a smooth, safe and well-orchestrated event representing the both the Club and the Municipality while avoiding a potential deficit; and, welcoming the municipality’s involvement and support of this Province-wide event. Council Meeting Minutes - 18 - October 15, 2007 Resolution #C-528-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 14 be referred to the Director of Community Services. “CARRIED” D - 16 George S. Graham, Clerk-Administrator, Township of Brock, advising C10.GE Council that on September 10, 2007, the Township of Brock passed the following resolution pertaining to regulatory control of paper fibre biosolids: “WHEREAS the Pulp and Paper Biosolids agreement between the Ministry of the Environment (MOE) and the major producers of paper fibre biosolids does not address major concerns associated with paper fibre biosolids and the products “Sound-sorb” and “Nitro-sorb”, nor does it address concerns regarding stockpiling of and on site mixing of pulp and paper biosolids on agriculturally zoned properties in the Township of Brock. AND WHEREAS the Ministry of the Environment’s own “Panel of Experts” concluded in their January 31, 2005 report, that “paper fibre biosolids are a waste”. AND WHEREAS the same “Panel of Experts” recommended both Sound-sorb and Nitro-sorb be subject to MOE control by means of a “Certificate of Approval”. AND WHEREAS a Ministry of the Environment’s “Certificate of Approval” would protect both the environment and public health by setting conditions of transport, disposal, volumes of material on site, testing obligations, reporting and record keeping, hauling conditions, hours of operation and inspection rights. THEREFORE BE IT RESOLVED that the Township of Brock request the Ministry of the Environment of the Province of Ontario adhere to the recommendations and conclusions of its own Panel of Experts by acknowledging paper fibre biosolids as a waste, by removing the exemption status for Sound-sorb and Nitro-sorb and by imposing the recommend regulatory control of a Certificate of Approval or legal instrument that provides equal or better protection for human health and the environment. AND Council Meeting Minutes - 19 - October 15, 2007 AND FURTHER that this resolution be forwarded to the Minister of the Environment (ON), Minister of Agriculture, Food and Rural Affairs (ON), local MP and MPP, all Ontario municipalities and any other individuals or associations as deemed appropriate.” Resolution #C-529-07 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Township of Brock pertaining to regulatory control of paper fibre biosolids be endorsed. “CARRIED” D - 17 Rodger Mordue, Administrator/Clerk-Treasurer, Township of North C10.GE Dumfries, advising Council that on October 1, 2007, the Township of North Dumfries passed the following resolution pertaining to fees and royalties for aggregate production: “THAT WHEREAS Aggregate production is essential for the economic growth and prosperity of the Province of Ontario; AND WHEREAS in a Special Report to the Legislative Assembly of Ontario, Gord Miller, Environmental Commissioner of Ontario outlined a number of inadequacies in the capacity of the Ministry of Natural Resources (MNR) to properly oversee the approvals, compliance, rehabilitation and long term planning to protect Ontario’s Aggregate Resources. Chief among those concerns was MNR’s lack of adequate funding for staff to properly operate an effective compliance and enforcement program. AND WHEREAS the Township of North Dumfries shares the concerns of the Province’s Environmental Commissioner. THEREFORE BE IT RESOLVED THAT the Council of the Township of North Dumfries requests that the Province of Ontario consider increasing the fees and royalties charged to aggregate operators and use this additional revenue exclusively for providing the MNR with resources to effectively staff an enforcement branch that will be able to adequately ensure the long term viability of the aggregate industry as well as ensure the responsible protection of the long-term environmental and human health of the community surrounding these aggregate extraction operations. Council Meeting Minutes - 20 - October 15, 2007 AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Natural Resources, the Office of the Environmental Commissioner of Ontario and to the Association of Municipalities of Ontario for circulation to all Ontario municipalities asking for their support.” Resolution #C-530-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Correspondence Item D - 17 be received for information. “CARRIED” Resolution #C-531-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Director of Finance/Treasurer prepare a report addressing the Municipality’s royalties, fee structure of aggregates and the possibility of increasing the fee. “CARRIED” D - 18 Ken Noland, Reeve, Township of Burpee and Mills, advising Council C10.GE that the Township of Burpee and Mills passed the following resolution pertaining to loss of Municipal Funding to Provincial Tax Rebate Programs: “WHERAS Municipalities are legislated to tax Farmland, Managed Forest and Conservation Land at a rate of 25%; AND WHEREAS Municipalities no longer receive the 75% rebate from the Province; AND WHEREAS this increases the tax rate for all landowners in rural municipalities; AND WHEREAS all residents of Ontario should support maintenance of an agricultural land base and the environmental implications of these tax incentives; THEREFORE BE IT RESOLVED that the Province of Ontario must directly refund to the Municipalities the 75% Farmland, Managed Forest and Conservation Land Tax; Council Meeting Minutes - 21 - October 15, 2007 ALSO BE IT RESOLVED if the Province of Ontario refuses to refund to Municipalities the 75% rebate, that the Province allows Municipalities to tax these lands at 100% and the Province funds 75% of the tax directly to individual landowners." Resolution #C-532-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Township of Burpee and Mills pertaining to the loss of Municipal Funding to Provincial Tax Rebate Programs be endorsed. “CARRIED” D - 19 Confidential Correspondence dated October 12, 2007, regarding a legal matter. Resolution #C-533-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item D-19 be referred to the Clerk to respond with information regarding the purchasing by-law process and applicable resolutions on file respecting the Municipality’s position on the matter referred to in the confidential correspondence. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 8 as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections and Correspondence Item D - 15 as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on these matters. Councillor Trim chaired the remainder of the meeting. D - 8 Chris Steven expressing support of the application to amend the D.14 Clarington Zoning By-law submitted by John Hinds to permit a daycare facility at 279 King Avenue East in Newcastle advising the daycare will not negatively affect neighbouring residential properties and will be of benefit in addressing the need of childcare in the growing community. Council Meeting Minutes - 22 - October 15, 2007 Resolution #C-534-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 8 be referred to the Director of Planning Services. “CARRIED” D - 15 Ronald A. Webb advising he has received an invoice for the cost of C07.AB the audit of Mayor Jim Abernethy’s election campaign expenses expressing concern that he was not advised by the Municipality that he would potentially have to pay for the audit, that as Council voted in favour of proceeding with the audit and that errors were found, he believes there were reasonable grounds to investigate the Mayor’s campaign expenses and that he will not be responsible for the costs; requesting an investigation into whether the Mayor violated the Municipal Conflict of Interest Act in holding a press release prior to Council receiving and voting on the audit report; and, requesting what measures will be taken to address the over-contribution by Mark Hendrix to the Mayor’s election campaign. Resolution #C-535-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Item D - 15 be received for information. “CARRIED” MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report October 1, 2007. Resolution #C-536-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of October 1, 2007, be approved, with the exception of Items #2 and #4. “CARRIED” Council Meeting Minutes - 23 - October 15, 2007 Mayor Abernethy stated a pecuniary interest with respect to Item 4 of Report #1 as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Mayor Abernethy refrained from discussions and voting on this matter. Item # 4 Resolution #C-538-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-112-07 be received; THAT the application for Zoning By-law Amendment (ZBA 2007-0027) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from “Residential (R1) Zone” to permit a day care facility be referred back to staff; and THAT all interested parties listed in Report PSD-112-07 and any delegations be advised of Council’s decision. “CARRIED” Councillor Foster stated a pecuniary interest with respect to Item 2 of Report #1, as the applicant is a member of his wife’s church. Councillor Foster refrained from discussions and voting on this matter. Item # 2 Resolution #C-537-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report PSD-110-07 be received; THAT the application to amend the Clarington Official Plan to permit the severance of a dwelling rendered surplus as a result of the Applicant acquiring a non-abutting farm property be referred back to Staff for further processing; and THAT all interested parties listed in Report PSD-110-07 and any delegation be advised of Council's decision. “CARRIED” Council Meeting Minutes - 24 - October 15, 2007 UNFINISHED BUSINESS Resolution #C-539-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegations of Patrick McNeil, Senior Vice-President, Nuclear Generation Development, Ontario Power Generation, Markus Lise, Libby Racansky, Richard Ward, Kristen Robinson and Wendy Bracken be received with thanks. “CARRIED” OTHER BUSINESS Councillor Robinson questioned the extent of damage to the ramp at the Skateboard Park in Bowmanville. The Director of Operations advised the park has been vandalised twice in ten days with graffiti and damage to fencing. He is currently waiting for a meeting to be arranged with Durham Regional Police Services. Resolution #C-540-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Rules of Order be suspended to allow for the introduction of new business. “CARRIED” Resolution #C-541-07 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS Silken Laumann is a Canadian 3 time Olympic rowing champion, author and children’s health advocate; AND WHEREAS Silken Laumann will be visiting Bowmanville High School on rd October 23 at 7:00 pm as a keynote speaker to share her story of courage, determination and perseverance; AND WHEREAS well-known artist and award winning educator Jane Eccles will unveil Silken Laumann’s portrait entitled “Silken” at a Gala Evening on October 24, 2007, at the Visual Arts Centre; NOW THEREFORE BE IT RESOLVED that Wednesday, October 24, 2007 be proclaimed Silken Laumann Day in the Municipality of Clarington. “CARRIED” Council Meeting Minutes - 25 - October 15, 2007 Councilllor Foster asked the Mayor prepare letter on behalf of Clarington Council recognizing John O’Toole’s return to office. Councillor Hooper thanked Members of Council and Clarington staff for their th efforts in contributing to the success of AppleFest held on Saturday, October 13. Councillor Robinson advised of the Clarington Sports Hall of Fame Ceremony this Saturday at the Garnet B. Rickard Complex. BY-LAWS Resolution #C-542-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-200 to 2007-202, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-200 Being a By-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2007 2007-201 Being a By-law to amend By-law 97-157, the Sign By-law for the Corporation of the Municipality of Clarington 2007-202 Being a By-law to exempt certain portions of Registered Plans 40M-2332 from Part Lot Control (Vermont Village Homes Limited) Resolution #C-543-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-200 to 2007-202, inclusive, be approved. “CARRIED” Mayor Abernethy and Councillor Foster stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. Council Meeting Minutes - 26- October 15, 2007 CONFIRMING BY-LAW Resolution #C-544-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-203, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15th day of October, 2007, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-545-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-203 be approved. "CARRIED" ADJOURNMENT Resolution #C-546-07 Moved by Councillor Robinson, seconded by Mayor Abernethy ~~ "CARRIED" THAT the meeting adjourn at 9:13 p.m.