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HomeMy WebLinkAbout10/29/2007 Council Meeting Minutes October 29, 2007 Minutes of a regular meeting of Council held on October 29, 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, T. Cannella Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, (attended until 7:30 p.m.) Director of Planning Services, D. Crome Manager of Support Services, L. Del Grande Solicitor, D. Hefferon Library Director, E. Hopkins Director of Operations, F. Horvath Director of Corporate Services, M. Marano Corporate Safety and Project Manager, B. Taylor 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 Councillor Hooper indicated that he would be stating a pecuniary interest with respect to the delegation of Bill Stockwell and Item 1(c) of Report #1. Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item 1 of Unfinished Business and By-law 2007-196. Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the delegations of Richard Ward and John Hinds, Report #2 and By-law 2007-210. Council Meeting Minutes - 2 - October 29, 2007 Resolution #C-551-07 Moved by Councillor Novak, seconded by Councillor Woo THAT John Hinds be added to the list of delegations. “CARRIED” MINUTES Resolution #C-552-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on October 15, 2007, be approved. “CARRIED” PRESENTATIONS Councillor Trim chaired this portion of the meeting. Mayor Abernethy addressed Council to present the results of the Waste Reduction Challenge involving the eight area municipalities during the month of October, 2006. Mayor Abernethy indicated Clarington placed sixth in the standings diverting 47% of total curbside collections through blue box, green bin, and leaf and yard waste collection programs and presented a cheque in the amount of $100 to the Director of Finance/Treasurer. Mayor Abernethy also conducted a PowerPoint presentation highlighting the waste strategy for England in 2007, demonstrating evidence to support countries with very high rates of recycling and energy from waste are able to co-exist. The Mayor resumed the Chair. Murray Paterson, Member, Newcastle Lions Club addressed Council to introduce Terry Graham, Past Director, International Association of Lions Clubs. Mr. Paterson stated Lions International is the largest service club in the world with 1.3 million men and women in 200 countries working together to respond to the needs and challenges of communities around the globe. Mr. Paterson noted Terry Graham, Member of the Newcastle Lions Club, was elected to serve a two-year term as Director on the International Association as one of 34 Directors, and the only member representing Canada. Mr. Paterson stated Newcastle Lions Club is very proud of the accomplishments of Mr. Graham, who has received numerous awards for his efforts, and thanked Council for recognizing him. Council Meeting Minutes - 3 - October 29, 2007 Mayor Abernethy presented Terry Graham with a framed certificate in recognition of his years of service to the Community as an individual and as a member of the Newcastle Lions Club and as a Director on the International Association. Michael Patrick, Clarington Board of Trade, addressed Council to provide an update on the activities and successes of the Clarington Physician Recruitment Committee. Through use of a PowerPoint presentation, Mr. Patrick highlighted recruitment activity since April 2007, noting four new doctors have been recruited; however, the community has since lost three physicians to retirement and relocation. Mr. Patrick reviewed the Ministry of Health re-designation figures noting the municipality still has a deficit of 13 doctors and there are currently over 17,000 people in the municipality who do not have a family physician. Mr. Patrick advised competition to attract physicians is fierce and at the recent PAIRO annual job fair event attended by 249 medical students, only 127 listed “family practice” as their preferred career. Mr. Patrick stated on November 10, 2007, the Committee will be hosting “Practicing in Clarington 101”, a one-day event bringing Resident doctors and their families to Clarington to experience the Clarington “lifestyle”. In summary, Mr. Patrick noted there are 103 candidates on their contact list that have expressed a genuine interest in Clarington and the Committee is hopeful that seven doctors will chose to relocate to Clarington in the near future. Mr. Patrick introduced Sheila Hall and Karen Fedato, Members of the Physician Recruitment Committee who were in attendance. Gerry Shoalts, Shoalts Zaback Architects Ltd. and Mike Brennan, Michael J. Brennan Enterprises, Cost Consultant, addressed Council concerning Item 1 of Unfinished Business - Addendum to Report COD-050-07 – Tender CL2007-42 – Newcastle Library Capital Project. Through use of a PowerPoint presentation, Gerry Shoalts responded to details respecting the increase in the project budget, reasons why tenders received were over budget, the differences between a LEED and Green Building, and the requirement for additional consulting fees. Mike Brennan provided an analysis of the bids vs. the budget overages. He stated the lack of subcontractor prices received was a significant factor in the low bid being over budget. Mr. Shoalts reviewed options for moving forward including negotiations with the low bidder vs. re-scoping and re-tendering the project. Mr. Shoalts stated in consultation with the Building Committee, it was agreed that the only viable option would be to make some changes to the project scope and to re-tender the project in early Spring 2008. He noted it was expected the project would be tendered within the construction budget. In response to a question concerning the timing to issue the tender, Mr. Shoalts advised that historically the Spring is the preferred time to tender a project as it is a more competitive period. He noted if the project is tendered in February, the project could be completed by April or May of 2009, with an opening anticipated for early summer of 2009. Council Meeting Minutes - 4 - October 29, 2007 In response to a question concerning accessibility, Mr. Shoalts stated that all accessible features will remain in the project. DELEGATIONS Councillor Hooper stated a pecuniary interest with respect to the delegation of Bill Stockwell as his parents are residents of Wilmot Creek. Councillor Hooper vacated his chair and refrained from discussion and voting on this matter. Bill Stockwell addressed Council concerning Item 1(c) of Report #1 - Waterfront Trail – Wilmot Creek Life Style Community advising on July 30, 2007, he appeared before Council to request the issue of the proposed route of the Waterfront Trail through the Wilmot Creek Community to be referred back to staff for further review. Mr. Stockwell provided a chronology of events dating back to the 1990’s when the waterfront trail was introduced, noting at that time both Ridge Pine Park, the landowner, and the homeowners were opposed to the construction of the trail as it compromised the gated community. Mr. Stockwell also referenced Wilmot Creek Homeowners Association’s monthly newsletters in which there was no mention of construction of the Waterfront Trail. He noted, in spite of concerns expressed by the homeowners, a license agreement was executed to provide for use of the hydro corridor within Wilmot Creek for the Waterfront Trail and in June, 2007 construction of the waterfront trail began. Resolution #C-553-07 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. Stockwell stated the homeowners are not asking to have the alignment of the trail moved but are requesting a fence to separate the trail from the back of their homes. They are also not trying to lay blame for any lack of communication; however, a number of the residents feel vulnerable to break-ins and feel let down by their elected officials. Mr. Stockwell noted the staff report recommends denying the request for the fence and he feels their comments are a complete disregard for the lifestyle of the community and urged Council to refer the matter back to staff to permit the Regional and Local Councillors to meet with Ridge Pine Park and Capri Partnership Limited to resolve the matter. In response to a question, Mr. Stockwell stated the concerns were initially expressed from residents whose homes back onto the trail; however, people throughout the park are paying to live in a gated community and are concerned about security. Council Meeting Minutes - 5 - October 29, 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 Council’s lack of direction respecting his previous delegations on a number of issues over the years. Mr. Ward expressed concern that in 1996, he requested a zoning by-law amendment for a commercial designation on his property noting others who supported political campaigns were granted their designations, while he was refused without any response. Mr. Ward noted he was disqualified from running in a previous election and is requesting an explanation of how the disqualification for candidacy was manifested and implemented and why a by-law was passed banning him from municipal premises. Mr. Ward feels he is a victim of the political environment and requested an open dialogue to resolve unclear issues and get a response to his concerns. In response to a question, Mr. Ward stated he submitted his request for rezoning verbally and in writing and feels there is no solid explanation as to why it was denied. The Mayor resumed the Chair. Libby Racansky addressed Council concerning Item 5 of Report #1 - Courtice Heights North Subdivision. Ms. Racansky feels residents are not being informed about development being proposed or undertaken in Courtice and that no one is accepting responsibility for planning issues. Ms. Racansky noted in Report PSD-112-06, Council endorsed a review of the Hancock Neighbourhood noting the retaining pond was one of the issues of concern for residents. She questioned why the northern subdivision could not use the pond that would be built for the Black Creek west of Courtice and why the pond for the central subdivision could not be located immediately below the development. Ms. Racansky questioned why additional trees/wetlands needed to be removed for construction of roadways. She conducted a PowerPoint presentation in support of her delegation depicting the fenced retaining pond and questioning how it could be considered “greeenspace” when it’s fenced-in. Ms. Racansky feels Council needs to protect its residents against environmental vandalism and to review the remainder of the Hancock Neighbourhood while there is still an opportunity to do so. Mayor Abernethy stated a pecuniary interest with respect to the delegation of John Hinds as it relates to the Zoning By-law Amendment application for 279 King Avenue in Newcastle, as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Council Meeting Minutes - 6 - October 29, 2007 John Hinds addressed Council concerning Report #2 - Proposed Day Care Facility at 279 King Avenue East, Newcastle, expressing frustration with the Planning process. He stated he has spent a considerable amount of time and money providing surveys, etc. concerning the storm drain. He feels the process should be simplified and staff should advise him what needs to be done without the need for him to hire consultants. Mr. Hinds also questioned the requirement of the storm drain on his property when the Fire Department Parking lot, which is adjacent to his property, doesn’t need one. Mr. Hinds feels Council should consider the impact of the process on the building owners, the families who need the daycare service and the owner of the school. In response to a question, Mr. Hinds stated he was not aware of the recommendation coming forward this evening on the zoning by-law amendment and that his delegation was based on the engineering report. The Mayor resumed the Chair. COMMUNICATIONS Resolution #C-554-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Items 1 - 20 and 1 - 25. “CARRIED” I - 1 Minutes of the Santa Claus Parade Committee dated September 10 A01.SA and 24, 2007 I - 2 Minutes of the Kawartha Conservation Authority dated June 20 and A01.KA September 12, 2007 I - 3 Minutes of the Clarington Heritage Committee dated September 18, A01.CL 2007 I - 4 Minutes of the Clarington Museums and Archives Board dated A01.CL September 12, 2007 I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory A01.SA Committee dated October 10, 2007 I - 6 Minutes of the Clarington Living Green Community Advisory A01.CL Committee dated September 18, 2007 Council Meeting Minutes - 7 - October 29, 2007 I - 7 Minutes of the Ganaraska Region Conservation Authority dated A01.GA September 20, 2007 I - 8 Minutes of the Clarington Traffic Management Advisory Committee A01.CL dated September 20, 2007 I - 9 Minutes of the Clarington Accessibility Advisory Committee dated A01.CL October 3, 2007 I - 10 Stephanie Adams expressing concern with the health effects a E07.EN proposed incinerator will have on Clarington residents, questioning why copies of pertinent information regarding air emissions was not available at the meeting in Courtice for the public to take and review and why US guidelines, not European guidelines, for air emissions were quoted. I - 11 Ron Campbell questioning the rationale of creating more air pollution E07.EN with a proposed incinerator and stating he votes “NO” to incinerators and “YES” to an aggressive recycling program and suggesting governments require businesses to do their part in the recycling program. I - 12 Drs. Elaine Ho and Vincent Ho expressing concern with the proposal E07.EN of a waste incinerator to be constructed in Courtice as there is no scientific evidence to prove that modern incinerators are safe, the best technology will not filter out ultra fine particles that carry toxins which are cumulative, dioxins, furans and other toxins that accumulate on the land and water will enter the food chain and there are no regulations in place for regular monitoring. Dr. Ho advised she is aware of physicians who have decided not to relocate to this area due to the proximity of the Nuclear Plant and feels this will inhibit the ability to attract much need doctors to the area. She urged Council to say “NO” to being the willing host for the incineration site on behalf of her own family, her patients and for the well-being of the community. I - 13 Dina Kanarellis advising Council she is opposed to the construction E07.EN of an incinerator in Clarington as water and air quality will decrease, farm produce will become unsafe to eat, and property will decrease in value. She urged Council to vote “NO” to incineration and to plan waste management that will have the least effect on the environment. Council Meeting Minutes - 8 - October 29, 2007 I - 14 Pat Anderson advising Council that she feels the construction of an E07.EN incinerator in Courtice is a very wrong move as the new proposal will not contribute to the local environment but will decrease the value of homes in the area, increase pollution, harm wildlife, and sacrifice valuable farm land. She urged Council to consider the impacts the planned incinerator will have on the health of residents of Clarington and the legacy of future generations. I - 15 Dr. Benjamin Fuller advising he is against the building and running of E07.EN an incinerator in Durham as a means of dealing with garbage and will do everything in his power to stop the endeavour. I - 16 John Oates advising he has studied the controversy of incineration E07.EN vs. landfill and informing Council that he is strongly opposed to the proposed incinerator for health reasons. I - 17 Wayne Heinrichs expressing concern with the impact of incineration E07.EN on the community and advising he is opposed to the construction of an incinerator until more studies have been done on the toxic air emissions, degradation of air quality, greenhouse gas emissions and other areas of concern. I - 18 Reverend Christopher Greaves, St. John’s Anglican Church, E07.EN expressing opposition to the proposed Energy-From-Waste facility and suggesting an open discussion take place about alternatives to incineration. I - 19 Sue DaCosta, Secretary, Orono Town Hall Board, thanking Council F11.GE for the donation made in memory of Ann Dreslinski and advising the donation will help make a permanent commemorative plaque in Anne’s name possible. I - 21 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, M07.GE forwarding a copy of the “Moraine for Life” Symposium Stakeholders’ Report documenting the symposium process; reviewing achievements and challenges in protecting the moraine; and highlighting stakeholder recommendations relating to land, water and community well-being. I - 22 Angela Gibson, Senior Transportation Planner, Town of Ajax, C10.GE advising Council that on October 9, 2007, the Town of Ajax passed the following resolution pertaining to the Regional Cycling Plan Study: “1. THAT the Regional DC By-law be amended to include a line item for funding critical connections in the Regional Cycling Plan; Council Meeting Minutes - 9 - October 29, 2007 2. THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to coordinate a Southern Ontario Cycling Task Force; 3. THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to assist in the funding of Cycling Plans; and 4. THAT the report entitled “Regional Cycling Plan Study” be received and forwarded to the Minister of Public Infrastructure Renewal, the Minister of Transportation, Durham Region and each of its Area Municipalities for information.” I - 23 Nicola Keene advising Council she is adamantly opposed to the E07.EN incineration site planned for Courtice as her children suffer from health issues due to the environment and an incinerator would compound those problems. She urged Council not to proceed with the plan. I - 24 Mabel Low advising she is adamantly opposed to the Energy-From- E07.EN Waste Incinerator and trusting Council will make the right decision to protect current and future generations from toxic emissions. I - 26 George Armstrong, Manager of Regulatory Affairs and Key Projects, E06.VE Veridian Connections Inc. and Jack Gibbons, Chair, Ontario Clean Air Alliance, advising electricity consumers served by Veridian Connections Inc. led Ontario in reducing peak electricity use this past summer and helping the utility win a “Peak Buster” Award from the Clean Air Alliance by placing first in the large utility class and second overall in the Clean Air Alliance’s inaugural Peak Buster conservation challenge. Ontario’s peak demand for electricity dropped by 4.7% from 2006 to 2007; however, Veridian customers almost doubled this performance with an 8.6% reduction. I - 20 Caroline Weber, Director General, Office for Disability Issues, A01.CL responding to Council’s resolution regarding the accessibility of self- L11.AC serve gas stations, advising that Human Resources and Social Development Canada is currently gathering information in support of a proposal for new legislation to promote further accessibility for Canadians with disabilities and advising of the creation of new programs, funds and tax benefit improvements announced in the 2007 budget to assist people with disabilities to realize their full potential. Council Meeting Minutes - 10 - October 29, 2007 Resolution #C-555-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item 1 - 20 be referred back to staff to request a response specific to Council’s resolution concerning the level of service at self- serve gas stations. “CARRIED” I - 25 British Natural History Museum, British Broadcasting Corporation M02.GE and Shell Oil advising Clarington resident Kristin McRea is a runner up in the Shell Wildlife Photographer of the Year Competition. Kristin’s photo, one of 32,000 entries, was taken in Clarington on the shore of Lake Ontario at Bond Head municipal beach and will be displayed in the British Natural History Museum throughout 2007, featured by the BBC in their Wildlife Magazine and in a coffee table book entitled “Shell Wildlife Photographer 2007”. Resolution #C-556-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT a congratulatory letter be forwarded to Kristin McRea in recognition of her success as a runner-up in the Shell Wildlife Photographer of the Year Competition. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-557-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, including Hand-out Items D - 9 and D - 10, with the exception of Items D - 5 to D - 10, inclusive. “CARRIED” Council Meeting Minutes - 11 - October 29, 2007 D - 1 Kristin Duare McKinnon-Rutherford tendering her resignation from C12.CL the Green Committee due to time constraints and her involvement in opposing the incinerator proposal and hoping that the Green Committee will look at how the impact of an incinerator in Clarington would directly contradict the goals of the Green Committee, in particular, in the area of climate change and clean air. (Correspondence received with regret, and referred to the Municipal Clerk) D - 2 Anne Lannan, Ontario Community Newspapers Association, advising M02.GE of the Ontario Junior Citizen of the Year Awards, a program to recognize the important contributions outstanding young people are making to their communities through valuable community service; enclosing a program brochure; and, requesting the municipality’s assistance in forwarding the information to interested parties such as libraries and Parks and Recreation departments encouraging them to submit a nomination. The deadline for nominations is December 28, 2007. (Correspondence referred to the Municipal Clerk for an ad to be placed in the local newspapers) D - 3 David Kelly, Chair, Clarington Accessibility Advisory Committee, A01.CL advising Council that on October 3, 2007, the Clarington Accessibility Advisory Committee passed the following resolution pertaining to an accessible playground: “THAT the Council of the Municipality of Clarington authorize staff to work with the Bowmanville Rotary Club to prepare a playground plan to be considered in the 2008 Budget process.” (Correspondence referred to staff) D - 4 Confidential correspondence containing personal information about an identifiable individual. (Correspondence referred to staff) D – 5 Linda J. Laliberte, CAO, Secretary Treasurer, Ganaraska Region L11.GE Conservation Authority, requesting Council to endorse the C12.GE nomination of Bruce Craig to represent the Municipal Working Group for the Ganaraska Region on the Trent Conservation Coalition Source Protection Committee. Council Meeting Minutes - 12 - October 29, 2007 Resolution #C-558-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the nomination of Bruce Craig to represent the Municipal Working Group for the Ganaraska Region on the Trent Conservation Coalition Source Protection Committee be endorsed. “CARRIED” D - 6 Gabriel Miller, Project Coordinator, Federation of Canadian A01.FC Municipalities (FCM) advising FCM will be conducting a survey of municipal infrastructure needs from October 5 to November 1, 2007, and producing an up-to-date estimate of the municipal infrastructure deficit in order to help make the case for Federal investments in municipal infrastructure. Survey questions will include reference to infrastructure stock, inventory, condition, age, replacement value and budgeting and information collected will be held in strictest confidence. A sample group of municipalities has been targeted to respond; however, all FCM members are invited to participate by contacting the project coordinator by telephone at 613-907-6316 or E-mail at gmiller@fcm.ca. Resolution #C-559-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the survey of municipal infrastructure needs being conducted by the Federation of Canadian Municipalities be endorsed. “CARRIED” D - 7 Charlie Bagnato, Municipality of Brockton, advising Council that on C10.GE September 10, 2007, the Municipality of Brockton passed the following resolution pertaining to the funding formula for Conservation Authorities: “WHEREAS by way of Regulations under the Conservation Authorities Act enacted in May of 2006 the Province of Ontario has put in place legislation that prohibits development under certain situations and conditions; and Council Meeting Minutes - 13 - October 29, 2007 WHEREAS the impact of this Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulation has not been mapped out to make it clear which properties or portions of properties are affected by the Regulation and therefore subject to a permit from the local Conservation Authority; and WHEREAS these Regulations have had the effect of greatly increasing the work load on staff of the local Conservation Authority to the point of creating delays of several weeks or months in obtaining permits from the Conservation Authority to allow new development; and WHEREAS the Province of Ontario has made significant cuts in funding to local Conservation Authorities which were initiated in 1995 and have continued to the point where staffing levels are now severely affected; and WHEREAS the combination of funding cuts to Conservation Authorities and the implementation of new Regulations have put an increased workload on the staff of Conservation Authorities to the point where the review of development proposals are delayed for unnecessarily long periods of time thereby frustrating new development proposals for communities affected by these regulations; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BROCKTON HEREBY ENACTS AS FOLLOWS: THAT the Province of Ontario revisit the funding formula currently used for Conservation Authorities with the intent to increase the funding provided to Conservation Authorities to allow them to enhance their staffing levels and thereby respond to development proposals in a more timely manner. THAT in the absence of additional funding the Province of Ontario revisit the mandate of the Conservation Authorities to ensure that said mandate is refined and streamlined so that Conservation Authorities across the Province are able to provide timely professional service levels within a restricted mandate; and furthermore the Province of Ontario should investigate currently available engineering, planning, development and environmental expertise to determine a more cost effective method of delivering services, which Conservation Authorities are now unable to provide in a timely and effective manner. And that in the absence of such an investigation Municipalities should be given the ability to opt out of funding of Conservation Authorities where the local Conservation Authority is unable to provide the required services in a timely manner. Council Meeting Minutes - 14 - October 29, 2007 THAT this resolution be circulated to all municipalities and Conservation Authorities in Ontario for their support. THAT a copy of all resolutions and letters in support of this request be sent to i) Honourable David Ramsay, Minister of Natural Resources ii) Conservation Ontario, Attention Chair Dick Hibma; and iii) The Municipality of Brockton.” Resolution #C-560-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Municipality of Brockton pertaining to the funding formula for Conservation Authorities be referred to the Director of Planning Services for comment. “CARRIED” D - 8 Brian Fallis, Chair, Ganaraska Region Conservation Authority, A01.GA advising the Authority is fundraising for the redevelopment of the F11.GE Ganaraska Forest Centre, an outdoor education centre north of Elizabethville which provides educational and recreational opportunities for students and youth groups; advising the Authority is submitting a proposal to the Ontario Power Generation for consideration of a partnership opportunity for funding of the new Forest Centre; requesting the municipality’s endorsement of the redevelopment of the Ganaraska Forest Centre; and, attaching a sample letter of support to be submitted with the proposal. The Authority has requested letters of support to be forwarded to them by November 3, 2007. Resolution #C-561-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the request from the Ganaraska Region Conservation Authority for support of the Ganaraska Forest Centre’s funding proposal to the Ontario Power Generation be endorsed; and, that a letter of support be provided to the Authority. “CARRIED” Council Meeting Minutes - 15 - October 29, 2007 D - 9 Erin Collins, Ontario Vocal Festival Organization, a non-profit F11.GE organization offering non-competitive festivals open to school and community choirs, advising their festival will be coming to Bowmanville on February 28 and 29, 2008, and requesting Council’s support in assisting the organization to obtain funding from the Department of Canadian Heritage through the Building Communities Through Arts and Heritage Program by providing a letter of support and commitment to direct financial support or in-kind services. Resolution #C-562-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item D - 9 be referred to the Director of Community Services for consideration during the Municipal Grant process. “CARRIED” D - 10 P. Webster, Regulatory Program Director, New Reactor Licensing Division, Canadian Nuclear Safety Commission, requesting to meet with Council regarding the new licence application that the Canadian Nuclear Safety Commission (CNSC) has received from the Ontario Power Generation for a new nuclear plant. Proposed topics of discussion include the project plan for the new project, the EA process; CNSC’s licensing process as well as effective mechanisms to involve the community and key groups in their public outreach efforts. Resolution #C-563-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the new licence application from the Ontario Power Generation to the Canadian Nuclear Safety Commission for a new nuclear plant be endorsed; and, that staff arrange a meeting with representatives of the Canadian Nuclear Safety Commission concerning the project. “CARRIED” MOTION NOTICE OF MOTION Council Meeting Minutes - 16 - October 29, 2007 REPORTS Report #1 - General Purpose and Administration Committee Report October 22, 2007. Resolution #C-564-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of October 22, 2007, be approved, with the exception of Item #1 (c). “CARRIED” Councillor Hooper stated a pecuniary interest with respect to Item 1 (c) of Report #1 as his parents are residents of Wilmot Creek. Councillor Hooper vacated his chair and refrained from discussion and voting on this matter. Resolution #C-565-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-121-07 be received for information . “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to Report #2 as it relates 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. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired this portion of the meeting. Report #2 – Proposed Day Care Facility at 279 King Avenue East, Newcastle Applicant: 1713535 Ontario Inc. (John Hinds) Resolution #C-566-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report PSD-122-07 be received; Council Meeting Minutes - 17 - October 29, 2007 THAT the application for Zoning By-law Amendment (ZBA 2007-0037) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from “Residential (R1) Zone” to “Residential Exception (R1-69)” to permit a day care facility be approved and that the By-law contained in Attachment 2 to Report PSD-122-07 be passed; and THAT all interested parties listed in Report PSD-122-07and any delegations be advised of Council’s decision. “CARRIED” The Mayor resumed the chair. UNFINISHED BUSINESS Councillor Foster stated a pecuniary interest with respect to the Addendum to Report COD-050-07, as he has a business relationship with one of the principals of a company submitting a tender for the project. Councillor Foster vacated his chair and refrained from discussion and voting on this matter. Addendum to Report COD-050-07 - Tender CL2007-42 – Newcastle Library Capital Project Resolution #C-567-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-050-07 be received as amended by recommendations in Addendum to Report COD-050; THAT the recommendations outlined in the Addendum to Report COD-050-07 be approved; THAT the verbal report by Gerry Shoalts, Architect, 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 tender to design the Newcastle Library be reissued as a green building; THAT the Newcastle Library Building Committee be authorized to re-scope the Newcastle Library based on the above Recommendations; and to re-issue the tender in early 2008 to the same seven pre-qualified general contractors; Council Meeting Minutes - 18 - October 29, 2007 THAT the previously awarded consultant’s contract with Shoalts Zaback Architects Ltd, Kingston, Ontario, be amended to include the additional design fees of $37,500.00; THAT the previously awarded consultants contract with Shoalts Zaback Architects Ltd, Kingston, Ontario also be amended to include $68,000.00 for LEED/Green Building design by sub-consultants’ work; plus an amount of $60,000.00 for the LEED/Green Building Application and Registration, Energy Modelling and Commissioning, including work undertaken to date, 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 of Clarington be approved. “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 OTHER BUSINESS Councillor Hooper advised the Bowmanville 150 Dream Committee held a meeting th last week to discuss celebrations for Bowmanville’s 150 Anniversary next year. Councillor Hooper noted that although the turn-out was small, there were people of all ages from youth to seniors who attended with a variety of great ideas. Councillor Hooper stated the celebration is planned for June 28 to July 1, 2008, and the next th Committee meeting will be held on November 8 in Boardroom 1C . Councillor Novak advised tenders will be going out this month for the Ambulance Station on Courtice Road with construction expected to commence in the Spring. Council Meeting Minutes - 19 - October 29, 2007 Resolution #C-568-07 Moved by Councillor Woo, seconded by Councillor Trim THAT the matter of the security fence be referred back to staff so that the Ward 3 Councillors and appropriate staff can meet with David Rice, Ridge Pine Park, and Capri Ltd. to look into the matter of erecting a fence to provide a barrier between residents of Wilmot Creek and Waterfront Trail. “CARRIED” Resolution #C-569-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Libby Racansky be received for information. “CARRIED” Mayor Abernethy stated a pecuniary interest with respect to the delegation of Richard Ward as it relates to his election campaign expenses. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. Councillor Trim chaired the remainder of the meeting. Resolution #C-570-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the issue of the 1996 zoning application for Mr. Ward’s property at 3709 Regional Road 9 be referred to the Planning Services Department for comment. “CARRIED” Resolution #C-571-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the delegation of Richard Ward with respect to Election issues be received with thanks. “CARRIED” Council Meeting Minutes - 20 - October 29, 2007 BY-LAWS Councillor Foster stated a pecuniary interest with respect to By-law 2007-196 as he has a business relationship with one of the principals of a company submitting a tender for the project. Councillor Foster vacated his chair and refrained from discussion and voting on the by-laws. Mayor Abernethy stated a pecuniary interest with respect to By-law 2007-210 as it relates to the Zoning By-law Amendment application for 279 King Avenue in Newcastle, as one of the owners of the subject property was his Financial Officer for the 2006 Municipal Elections. Mayor Abernethy refrained from discussion and voting on the by-laws. Resolution #C-572-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2007-196 and By-laws 2007-205 to 2007-210, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-196 Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library 2007-205 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Prestonvale Land Corporation And Paul Lysyk Family Trust) 2007-206 Being a By-law to authorize entering into an agreement with the Owners of draft plan S-C-2007-0003, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2007-0003 2007-207 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2007-208 Being a By-law to amend By-law 2006-227, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein Council Meeting Minutes - 21 - October 29, 2007 2007-209 Being a By-law to repeal By-Law #96-50 and Being a by-law to authorize the establishment of an Optional Pre-Authorized Payment Plan for Taxes and an Employee Payroll Deduction for Tax Payments 2007-210 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1713535 Ontario Inc. – John Hinds) Resolution #C-573-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT the third and final reading of By-laws 2007-196 and By-laws 2007-205 to 2007-210 inclusive, be approved. “CARRIED” Mayor Abernethy and Councillors Foster and Hooper stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-574-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT leave be granted to introduce By-law 2007-211, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 29 day of October, 2007, and that the said by-law be now read a first and second time. “CARRIED” Council Meeting Minutes - 22 - October 29, 2007 Resolution #C-575-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the third and final reading of By-law 2007-211 be approved. “CARRIED” ADJOURNMENT Resolution #C-576-07 Moved by Councillor Robinson, seconded by Foster THAT the meeting adjourn at 9:43 p.m. “CARRIED” ________________________ _______________________ MAYOR MUNICIPAL CLERK