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HomeMy WebLinkAbout12/10/2007 Council Meeting Minutes DECEMBER 10, 2007 Minutes of a regular meeting of Council held on December 10, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor 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, attended until 10:34 p.m. Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid, attended until 10:34 p.m. Director of Corporate Services, M. Marano, attended until 10:34 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir, attended until 10:34 p.m. Administrative Assistant to the Clerk, C. Fleming, attended until 10:34 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting Councillor Novak stated a pecuniary interest with respect to the delegation of Dave Renaud. Later in the meeting Councillor Hooper stated a pecuniary interest with respect to the motion concerning free parking in Downtown Bowmanville. Council Meeting Minutes - 2 - December 10, 2007 MINUTES Resolution #C-646-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a special meeting of Council held on November 23, 2007, and the minutes of a regular meeting of Council held on November 26, 2007, be approved. “CARRIED” Resolution #C-647-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Wendy Bracken, Teri McKenzie, and Paul André Larose be added to the list of delegations and that Fred Mandryk, Frank Stapleton, Marvin Stapleton and Glenda Gies be removed from the list. “CARRIED” Resolution #C-648-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the agenda be altered to hear the delegations of Christopher Williams and André Wiggers as the first delegations. “CARRIED” Resolution #C-649-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report #3 - Confidential Verbal Report from the Director of Finance/Treasurer and Director of Planning Services be referred to the end of the agenda to be considered during the “closed” session of Council. “CARRIED” Council Meeting Minutes - 3 - December 10, 2007 DELEGATIONS Resolution #C-650-07 Moved by Councillor Foster, seconded by Councillor Novak THAT David Matheson, speaking on behalf of André Wiggers, be heard prior to hearing Christopher Williamson. “CARRIED” David Matheson addressed Council on behalf of André Wiggers advising he has great concern with the process that has taken place in trying to resolve the Port Darlington Harbour Company and the proposed expropriation of related properties due to the costs to the Municipality and the hardship that proceeding without a settlement will cause Mr. Wiggers, necessitating the closure of his business. Mr. Matheson stated Mr. Wiggers has been in business since 1973 and is recognized as one of the finest boat builders in North America and the Port Darlington Harbour is the best accessible harbour in Durham Region. Mr. Matheson expressed concern that Council does not realize the implications or have all the facts of the matter. Christopher Williams, Solicitor, Aird & Berlis, addressed Council on behalf of his client, André Wiggers and the Port Darlington Harbour Company with respect to the proposed expropriation of their lands. Mr. Williams provided a chronology of events including Court decisions leading up to the expropriation, stating various attempts to negotiate a purchase of the west beach and east beach lands for use as a waterfront park have not been successful. Mr. Williams stated the costs associated with the expropriation will be exorbitant and, should the expropriation proceed, costs to the municipality would be approximately $1 million, which is roughly the compensation that would be paid to Mr. Wiggers. Mr. Williams feels that a mediator appointed by the Ontario Municipal Board might be constructive to assist with negotiating the remaining points in dispute and suggested the Cabinet Office and the Ontario Municipal Board be approached with a view to request mediation staff to become involved. Mr. Williams stated Mr. Wiggers does not wish to remain in confrontation with the municipality and hopes to move the issue forward quickly in a much less confrontational way. Laura Briggs was called but was not present. Kevin Tunney, Tunney Planning addressed Council concerning Report # 2 of Unfinished Business - Proposed Official Plan Amendment (Baysong Developments Inc., 2084165 Ontario Limited, Kemp, Carruthers) - Part Lots 11, 12, 13 and 14, Concession 3, Former Township of Darlington stating he was pleased to see the addendum report brought forward this evening and encouraged all Members of Council to support the recommended action and the passing of the Official Plan Amendment. Council Meeting Minutes - 4 - December 10, 2007 Richard Ward addressed Council requesting a response to various unresolved issues, including his request for commercial designation on his property, an explanation as to why his property has undergone numerous re-assessments, why he was disqualified from seeking elected office in the 2000 Municipal Elections and an explanation of the legal proceedings and issues surrounding the by-law banning him from municipal property. Mr. Ward feels that when Council receives his delegations for information only that it is an obstruction of justice and that he has done nothing to warrant the treatment he’s received. Mr. Ward stated if he were provided with answers to his requests, then he would have no need to continue. Barry Bracken addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Mr. Bracken feels Council’s question regarding the safety of an incinerator has been answered and referred to Dr. Pengally’s comments on Halton Region’s proposed incinerator in which he concluded that insufficient evidence had been provided to prove that modern incinerators are safe and reminded Council that Dr. Smith made no conclusion as to the safety of modern incinerators. Mr. Bracken further expressed concern with sewage sludge, technically described as dewatered biosolids, being used as fuel in the proposed incinerator as they contain heavy metals and are heavily chlorinated. Mr. Bracken feels it should be clear to Council that there is considerable doubt as to the safety of this facility and feels Council should declare Clarington an “Unwilling Host”. He urged Council to accept and approve the staff recommendations in Report PSD-141-07 and that Regional Councillors promote these recommendations to Regional Council. John Muto was called but was not present. Cathrine McKeever addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Ms. McKeever expressed concern that the Peer Review Reports were critical of the Project Team Reports and of our elected officials. She stated the Peer Review consultants were consistent in their view that two sites be processed and that East Gwillimbury become the site, which is not the role of a peer reviewer. She expressed concern they were not consistent with infrastructure costs and with the Peer Review’s criticism of the figures provided by Jacques Whitford. Ms. McKeever questioned Mr. Rowe’s opinions on the greenbelt and stated an Energy-From-Waste facility was proposed in the energy park. Ms. McKeever feels Municipal governments are not here to be landowners but to provide services and facilities for the residents. She stated dioxins are created from diesel, burn barrels, bbq’s etc., not just thermal facilities and that public safety and protection of the environment are equal, not separate. Ms. McKeever recommended Council send the peer review team back to do what they were suppose to do and questioned why they were being paid for their personal opinions. Ms. McKeever summarized by referencing news on the Newtonville landfill site indicating opponents of incineration Council Meeting Minutes - 5 - December 10, 2007 may be happy to have a place to store their garbage, but indicated she will oppose landfill with the same force as she supports Energy-From-Waste. James McKeever declined to address Council at this time. Councillor Novak stated a declaration of pecuniary interest with respect to the delegation of Dave Renaud as she has a relationship with the CAW. Councillor Novak vacated her chair and refrained from discussions and voting on this matter. Dave Renaud addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Mr. Renaud stated while he appreciates Council’s recommendations, he feels industrial waste needs to be addressed. Mr. Renaud stated the CAW Resolutions Committee has re-affirmed its position of opposition to the principle of waste incineration and at a recent meeting of the CAW Council this position was supported by the Parliament of the CAW Council and he was speaking on behalf of their membership across Canada. Mr. Renaud expressed concern with the proposed facility’s proximity to Lake Ontario and referenced a report entitled “Up to the Gills” prepared by Environmental Defence which indicates that the great lakes continue to be polluted to such an extent that human health is threatened. Mr. Renaud stated if humans cannot eat the fish out of the great lakes because of pollution, then the ecosystem itself is not healthy. Mr. Renaud questioned the rationale of building a facility that will further pollute the airshed. He submitted a copy of the report and suggested the organization’s website www.environmentaldefence.ca be referenced for additional information. Mr. Renaud urged Council to consider the effects an Energy-From-Waste facility will have on the residents of Clarington and to declare the municipality as an “Unwilling Host” community. In response to questions, Mr. Renaud confirmed that the resolution of the CAW Resolutions Committee was unanimously approved by the CAW Council on December 8, 2007. Mr. Renaud also confirmed in response to questions that he was aware of the General Motors Energy-From-Waste facility and its emissions. Louis Bertrand addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Mr. Bertrand stated there have been many concerns with the proposed facility expressed from citizens and the staff report highlights many deficiencies. Through use of a PowerPoint presentation, Mr. Bertrand outlined the process of an Environmental Assessment and its purpose in asking if the facility is safe, what are the impacts to human life and the environment, if the impacts can be mitigated and at what cost. Mr. Bertrand stated the Project Team has reshuffled the Environmental Assessment leading to loose ends and inconsistencies. He stated the reviewers concerns are highlighted and confirmed by more than one reviewer and the process is not transparent, traceable or replicable. He expressed concern with separating the site selection from the technology selection and the airshed quality Council Meeting Minutes - 6 - December 10, 2007 assessment. Mr. Bertrand feels the site selection will be all impact and no benefit to Clarington resulting in increased pollution, higher taxes, increased traffic and impacts to agriculture. Mr. Bertrand requested Council to adopt the recommendations in the staff report, send a strong message to the Region demanding answers, bargain from a position of strength and urged Regional Councillors to speak out for Clarington to get the best possible deal. In response to questions, Mr. Bertrand stated he did not agree that by declaring Clarington an “Unwilling Host” community it would negatively affect the bargaining process and feels that by being a willing host the Region would think that the municipality wants the facility. Linda Gasser addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Ms. Gasser requested Council to support Report PSD-141-07 including the amended #6 recommendation in the addendum report. She stated many deficiencies and omissions have been highlighted and must be addressed before limiting decisions are taken. She urged Council to declare Clarington as an “Unwilling Host” community. Ms. Gasser feels it is paramount to protect the residents and get the most for Clarington and that Council does not need to be a willing host to get a seat at the bargaining table. Ms. Gasser stated she is hoping that no one is getting distracted from the issue because of the recent information concerning the Hales landfill site and feels this is a ploy to set up an artificial incineration versus landfill debate. Ms. Gasser questioned when district heating infrastructure would be available within the planning horizon of this project as she has not been provided any answers and questioned whether Council has a commitment from the Region regarding this. In response to questions, Ms. Gasser acknowledged that landfill is part of every waste disposal option but felt there are other realistic options including moving towards a more aggressive diversion plan and lobbying for an integrated waste management strategy at the Provincial level. Bill Craig was called but was not present. Kerry Meydam addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site.She urged Council to support the recommendations in Report PSD-141-07 and to defer the final selection for the Energy-From-Waste facility as there are far too many unanswered questions at this time. Through use of a PowerPoint presentation, Ms. Meydam highlighted the location of industrial emissions sources within 20 km of the Clarington sites and provided a comparison of emissions, reviewed the materials economy including extraction, production, distribution, consumption and disposal and provided alternatives including green chemistry, zero waste, closed loop production, renewable energy and local living economies. She Council Meeting Minutes - 7 - December 10, 2007 feels incineration is not material recovery, but disposal and that there are better alternatives and it is time to focus resources in that direction. Ms. Meydam feels it is time to declare Clarington as an “Unwilling Host” community and suggests that the Region return to the Alternatives To in the EA process as incineration is not the only solution. Debra Jefferson addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Dr. Jefferson commended staff and Councillors who have been asking important questions and challenging the process. She stated the Peer reviewers comments are thorough and professional and urged Council to approve the recommendations in Report PSD-141-07. Dr. Jefferson confirmed that the delegations are representing the views of many residents, not just the ones that can appear before Council. She expressed concern with the EA process as the site selection process has not been objective, transparent or traceable as to the criteria used. Dr. Jefferson noted the airshed is already compromised and questioned the rationale to add a facility that will cause further pollution. Dr. Jefferson expressed concern with monitoring of emissions and stated what’s not seen is what the public needs to worry about. She requested Council to declare Clarington as an “Unwilling Host” community and to take solid action to protect the health of Clarington residents and the environment. In response to questions, Dr. Jefferson acknowledged air monitoring is being done by St. Marys Cement but confirmed there are still problems with air pollution. Wendy Bracken addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site urging Members of Council to adopt Report PSD-141- 07 and the addendum report and to request the site selection be delayed until all studies and the business case is completed. Ms. Bracken expressed concern with serious flaws in site selection process. She stated with public health and the environment identified as a paramount concern and with thermal treatment having the most impact on the airshed it should have been given more weighting. She stated the differences in East Gwillimbury and Clarington are extreme and that Clarington should not have been selected as the preferred site. She requested Council to do everything in their power to ensure that the peer review reports and the Clarington staff reports are given to all Regional Councillors and the Joint Waste Management Group and suggested that the Peer Review make a presentation to Regional Council and the Joint Waste Manage Group and sub-committees. Ms. Bracken urged Council to stand up and protect Clarington residents, particularly the children, and to declare Clarington an “Unwilling Host” community and request the Region to revisit the Alternatives To. In response to questions, Wendy Bracken acknowledged while Councillors may already know the answers to questions, she feels it is imperative that the public see Clarington representatives asking important questions that they need answers to. Council Meeting Minutes - 8 - December 10, 2007 Teri McKenzie addressed Council concerning the consideration of an interim landfill at the Hale Landfill site expressing concern that the Committee of Clarke Constituents were not notified regarding the Superior Court’s decision in which the legal non- conforming status of the Hale site has ceased to exist. Ms. McKenzie questioned how the Hale site has become part of the Region’s contingency plan with its unsuitable hydrogeology and history of environmental transgressions. She questioned the Environmental Assessment process that would be required to significantly update and improve the site and the associated timeframes required. Ms. McKenzie cautioned Council that if the Hale site is merely part of the contingency plan to scare the public into accepting a contentious incineration facility to expect a backlash from the public. Paul André Larose addressed Council concerning Report #1 of Unfinished Business - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and Identification of Preferred Site. Dr. Larose stated overall the staff report should receive full support by Council but feels that certain issues could have been addressed more forcefully. Dr. Larose stated the report indicates that Clarington should specify MACT (Maximum Achievable Control Technology) capabilities as part of the system requirements. Dr. Larose advised this requirement is meaningful only if there is a technology capable of addressing the issues of concern, i.e. the emission of nano-particulates, dioxins and furans. He further stated that when no such technical capability is available, the fact that MACT is specified does not mean that concerns will be addressed satisfactorily. Dr. Larose feels delaying the site selection is reasonable given that the chosen technology will have an impact on the selection of the location for the plant itself. Dr. Larose expressed concern that to date the cost to taxpayers has referred to tipping fees but the cost will also include local pick-up, transportation, ultimate disposal of ashes and maintenance and contingencies. He feels that any attempt at presenting the cost as consisting of tipping charges is a way to underestimate these costs and an attempt to give an unfair economic advantage to incineration. Dr. Larose also questioned what the external energy inputs to the system are, the need to perform a site specific assessment relating to current populations as well as planned residential construction, what contingency solutions are being retained and where pit and fly ashes are going to be disposed of. Mayor Abernethy thanked Deputy Mayor Trim for his hard work and dedication during the first year of Council’s term and welcomed Councillor Novak to the position of Deputy Mayor for the coming year. Resolution #C-651-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Council recess for ten minutes. “CARRIED” Council Meeting Minutes - 9 - December 10, 2007 The meeting reconvened at 9:36 p.m. COMMUNICATIONS Resolution #C-652-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 1 and I - 8. “CARRIED” I - 2 Minutes of the Clarington Heritage Committee dated November 20, 2007 I - 3 Minutes of the Central Lake Ontario Conservation Authority dated November 20, 2007 I - 4 Mark Tepfenhart advising as a taxpayer of Durham Region he is strictly against incineration and urging Council to Reduce, Re-Use and Recycle and to say “NO” to incineration. I - 5 Linda Gasser providing written comments to clarify and expand on her delegation to the General Purpose and Administration Committee on November 19, 2007, concerning Report PSD-135-07 - Highway 407 Environmental Assessment – Municipality Of Clarington Comments on the Alternative Methods (Route Selection). Ms. Gasser states she feels it must be clearly stated that input could change as additional relevant details come forward; it is imperative that Council not pre-empt the EA process by taking positions in advance of a thorough assessment of the issues; that Council be clear that its primary role is to identify and advocate for the interests of Clarington residents in the face of the views of competing stakeholders; that in addition to environmental losses resulting from construction of the link, community impacts all along the link as well as impacts to the Courtice Industrial area and the Energy Park be assessed; that Council request a more detailed assessment of the need for the East Link and alternatives; what the effect of an early vacating of homes on a large scale would have on the community if it were to occur, and the need for potential impacts to be thought through and that the Project Team assess a range of options and employ flexible approaches when dealing with property owners. She urges Council to write to the CEAA and request that a Comprehensive Level of EA be conducted to ensure that all potential impacts, both short and long term, are understood. Council Meeting Minutes - 10 - December 10, 2007 I - 6 Members of the Ebenezer-Maple Grove Pastoral Charge of the United Church of Canada forwarding further correspondence to the Region of Durham concerning alternatives to the current program for waste/garbage management and disposal and providing additional names of people who agree to participate fully in increased waste diversion and recycling efforts proposed by the Region. I - 7 Stephanie Adams forwarding a petition in opposition to the building of an incinerator in Courtice to burn garbage. I - 9 Norm and Donna Cooper urging Council to vote “NO” to be a willing host to the proposed incinerator. I - 10 Kevin Ramchandar, MD, President, Professional Association of Interns and Residents of Ontario, and Brad Sinclair, Executive Director, HealthForceOntario Marketing and Recruitment Agency (HFO) advising PAIRO (The Professional Association of Ontario’s Physicians-in-Training) will be transferring the operation of HFOJobs to the HealthForceOntario Marketing and Recruitment Agency within the Recruitment and Relocation Department, benefiting HFOJobs with an array of marketing, recruitment and relocation resources offered by the Agency and further strengthening HFOJobs’ position as Ontario’s premier job portal for health care professionals. I - 11 Debbie Zimmerman, Chair, MPAC Board of Directors, Municipal Property Assessment Corporation (MPAC) providing an update on MPAC’s activities to date for 2007, including Implementation of the Integrated Property System (IPS), Increased Property Inspection Program, Ombudsman’s Recommendations, Enumeration, Stakeholder Outreach, Service Delivery, Seasonal Campgrounds, and participation at the AMO 2007 Annual Conference. Ms. Zimmerman provides assurance that MPAC will continue to strive to improve service and build stronger relationships with municipalities, property taxpayers and other stakeholders and extends an invitation to Members of Council to contact her directly or to contact members of MPAC staff for further information on these issues. I - 12 Wayne Ellis strongly urging Council to support the staff recommendations in Report PSD-141-07 and to declare Clarington as an “Unwilling Host” for an Energy-From-Waste facility. I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated October 18, 2007 Council Meeting Minutes - 11 - December 10, 2007 Resolution #C-653-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the minutes of the Clarington Traffic Management Advisory Committee dated October 18, 2007, be received for information. “CARRIED” I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 21, 2007, the Region of Durham passed the following resolution pertaining to the Highway 407 East Completion Environmental Assessment: “a) THAT the technically Recommended Route identified as part of the Preferred Alternative Method be endorsed in principle, as the basis to advance and complete the Highway 407 East Completion Environmental Assessment; b) THAT the Project Team for the Highway 407 East Completion Environmental Assessment be requested on a go-forward basis to: i) confirm the adequacy of the proposed interchanges and their configurations on the Technically Recommended Route by providing a detailed traffic analysis, and where appropriate, protect for additional interchanges to support the long-term growth objectives of the Region; ii) provide confirmation that the proposed locations for the Westney Road and Enfield Road interchanges with the Highway 407 mainline do not preclude the realignments of these roads, as contemplated in the Regional Official Plan; iii) provide confirmation that the interchange of Lake Ridge Road with Highway 401, and the widening and realignment of Highway 401 between Salem Road and the proposed West Durham Link, is being included as part of the Highway 407 East Completion Environmental Assessment, design and construction; iv) continue to work closely with Regional and Area Municipal staff to detail road realignments and other treatments, such as overpasses, underpasses, road closures and service roads, that are necessary to implement the Technically Recommended Route; and Council Meeting Minutes - 12 - December 10, 2007 v) have due regard for the Region’s standards (e.g. minimum spacing between signalized intersections) on arterial roads, as per the Region’s Arterial Corridor Guidelines, in determining the final configuration for the interchanges; c) THAT the Ontario Ministry of Transportation be urged to ‘stay the course’ on the revised schedule for the Highway 407 East Completion Environmental Assessment, and completion of construction from Brock Road to Highway 35/115 and the two freeway links in 2013; d) THAT the Project Team examine the need and feasibility of constructing an interim Brooklin by-pass on the proposed corridor for the Highway 407 mainline; e) THAT a copy of Joint Report #2007-J-50 be provided to the Ontario Ministry of Transportation as the Region’s detailed comments on the Preferred Alternative Method; and f) THAT a copy of Joint Report #2007-J-50 be forwarded to the area municipalities and the Conservation Authorities in Durham.” Resolution #C-654-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Region of Durham with respect to the Highway 407 East Completion Environmental Assessment be endorsed. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-655-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, including Hand-out Item D - 13, with the exception of Items D - 6 to D - 13, inclusive. “CARRIED” Council Meeting Minutes - 13 - December 10, 2007 D - 1 Jeanne McFarland Event Organizer, Clarington Polar Bear Swim, requesting approval for members of Clarington Fire Station 2 to th attend the 7 Annual Clarington Polar Bear Swim to be held on January 1, 2008, at the Newcastle Waterfront to raise awareness of the need for organ and tissue donations and to support the Canadian Liver Foundation. In 2007, a donation of $4000 was presented to the Canadian Liver Foundation. (Request approved) D - 2 Art Short, Lions Club of Bowmanville, requesting permission to occupy the bridge over the Bowmanville Creek at King Street West (Highway 2) on Saturday, June 14, 2008, for their annual Rubber Duck Race. (Approved provided the organizers apply for and obtain a Road Occupancy Permit) D - 3 Deborah Wilson, Director General, Community Development and Partnerships Directorate, Human Resources and Social Development Canada, forwarding nomination brochures for the 2008 Thérèse Casgrain Volunteer Award, an award presented annually to one Canadian man and one Canadian woman who have contributed significantly to the advancement of a social cause and the well-being of their fellow Canadians and advising the deadline for submission is February 1, 2008. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 4 Memorandum from Carlos Salazar, Manager, Community Planning and Design to the Municipal Clerk requesting that the Terms of Reference for the Green Community Advisory Committee be clarified regarding the role of the Mayor and Councillor to be full members able to stand as Chair and Vice-Chair of the Committee. (Memorandum referred to the Municipal Clerk) D - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 21, 2007, the Region of Durham passed the following resolution pertaining to the new Durham Region Forest Conservation By-law: “a) THAT Report #2007-P-84 of the Commissioner of Planning be received for information; Council Meeting Minutes - 14 - December 10, 2007 b) THAT a copy of Report #2007-P-84 be forwarded to the Area Municipalities, the Conservation Authorities in Durham Region, the Durham Environmental Advisory Committee, the Durham Agricultural Advisory Committee, and the Ministry of Natural Resources, for information; and c) THAT staff report back to Planning Committee with an appropriate course of action on a Forest Conservation By-law, once all outstanding Area Municipal comments have been received.” (Correspondence referred to staff) D - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham advising Council that on November 21, 2007, the Region of Durham passed the following resolution pertaining to the Federal Government’s Building Canada Infrastructure Plan: “a) THAT the Federal and Provincial Governments be requested to provide entitlement based funding for the Federal Government’s Building Canada Infrastructure Fund in support of the Association of Municipalities of Ontario (AMO) position for predictable, long term infrastructure funding for municipalities; b) THAT a copy of Report #2007-F-81 of the Commissioner of Finance be circulated to the Prime Minister of Canada; the Premier of Ontario; the Federal and Provincial Opposition Parties; Durham MP’s and MPP’s; the Federation of Canadian Municipalities; and the Association of Municipalities of Ontario (AMO); and c) THAT a copy of this resolution be forwarded to the Durham Area Municipalities requesting their endorsement.” Resolution #C-656-07 Moved by Councillor Novak, seconded by Councillor Trim THAT the resolution from the Region of Durham with respect to the Federal Government’s Building Canada Infrastructure Plan be endorsed. “CARRIED” Council Meeting Minutes - 15 - December 10, 2007 D - 7 Leona Thorogood, 2007-08 National President, Kin Canada, Association of Kinsmen, Kinette and Kin Clubs, requesting Council to support their annual “Message-of-Support” in Kin Magazine, providing Council with the opportunity to express appreciation to Kin Canada Members who have raised funds and donated countless hours to serve the needs of fellow Canadians; and in doing so, ensuring Kinsmen and Kinettes can continue to provide assistance to the many groups, organizations and individuals who rely on their fundraising efforts to meet local community needs. Resolution #C-657-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the Municipality of Clarington support the Association of Kinsmen, Kinette and Kin Clubs’ “Message-of-Support” by purchasing a 1/12 page ad in Kin Magazine at a cost of $250. “CARRIED” D - 8 Andrea Bolton, Deputy Clerk, Township of Elizabethtown-Kitley advising Council that on November 12, 2007, the Township of Elizabethtown-Kitley passed the following resolution pertaining to the cost of training related to Fire Code enforcement: “THAT upon the recommendation of the Fire Services Liaison Committee staff be directed to send a letter to the Ontario Fire Marshal requesting that the Ontario Fire Marshal (OFM) cover the cost associated with training and workshops should the OFM initiate new fire safety legislation; and THAT this letter be circulated to all Ontario municipalities for support.” Resolution #C-658-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Township of Elizabethtown-Kitley with respect to the cost of training related to Fire Code enforcement be endorsed. “CARRIED” D - 9 Cheri Cowan, CMO, Town Clerk, Town of Caledon, advising Council that on November 20, 2007, the Town of Caledon passed the following resolution pertaining to fees and royalties charged to aggregate operators: Council Meeting Minutes - 16 - December 10, 2007 “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 Town of Caledon shares the concerns of the Province’s Environmental Commissioner; THEREFORE BE IT RESOLVED THAT Council for the Corporation of the Town of Caledon 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; 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, the Township of North Dumfries and to all the Association of Municipalities of Ontario for circulation to all Ontario municipalities asking for their support.” Resolution #C-659-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Correspondence Item D – 9 be received for information. “CARRIED” Council Meeting Minutes - 17 - December 10, 2007 D - 10 Janice Willett, MD, FRCSC, President, Ontario Medical Association, (OMA) advising the OMA has been advocating for a ban on smoking in cars transporting children to help protect them from the negative health impacts of Second-Hand Smoke (SHS) and in an effort to build support for Provincial legislation to solve the problem, the OMA is inviting municipalities to join in calling for a provincial ban on smoking in cars transporting children by adopting a resolution in support of the matter. Resolution #C-660-07 Moved by Councillor Foster, seconded by Councillor Woo THAT the position of the Ontario Medical Association calling for a Provincial Ban on smoking in vehicles where children are present be endorsed “in principle”. “CARRIED” D - 11 Libby Racansky expressing concern that the water level in groundwater recharge area in her Courtice neighbourhood has decreased to such a degree due to non-sustainable and sprawling development on provincially significant wetlands and forests that it cannot be restored; and in the absence of watershed planning and planning for the whole neighbourhood, requesting that her well, and any other well affected by Council’s planning and the developer’s actions, be restored by deeper drilling and extension of pipe intake; and further that the cost be absorbed by the developer. Resolution #C-661-07 Moved by Councillor Foster , seconded by Councillor Trim THAT Correspondence Item D – 11 be referred to staff of the Region of Durham and the Municipality of Clarington. “CARRIED” Council Meeting Minutes - 18 - December 10, 2007 D - 12 Walter H. Gibson, P.Eng., Principal, Gibson Associates 1997 Ltd., advising they have been retained by the purchaser of the former Mercer’s Garage at 5360 Main Street in Orono to conduct an environmental site assessment of the subject lands to address environmental implications and suspected subsurface contamination related to the historical use of the lands as the owner wishes to carry out appropriate site remediation activities of these lands to restore the contaminated site to a permitted land use; and requesting whether the Municipality would provide a copy of the October 2006, environmental study to assist the new owner in achieving a clear understanding of the current site conditions. Resolution #C-662-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Gibson Associates be provided with a copy of the environmental site assessment for 5630 Main Street provided that the authors give their consent, that an appropriate indemnity is provided; and that 50% of the cost of the report be paid to the Municipality; and further THAT should consent be provided by the authors for use of the environmental site assessment by Gibson Associates, such use be subject to indemnification of the Municipality by Gibson Associates on behalf of their clients without recourse against the Municipality. “CARRIED” D - 13 Libby Racansky advising of the hardship she and her husband are experiencing due to lack of available water and requesting their well be deepened or a new well be drilled. Resolution #C-663-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item D - 13 be referred to staff of the Region of Durham and the Municipality of Clarington. “CARRIED” Council Meeting Minutes - 19 - December 10, 2007 MOTION NOTICE OF MOTION Resolution #C-664-07 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS on November 8, 2007, the Committee of Adjustment approved Application No. A2007-0058; AND WHEREAS at the Council meeting held on November 26, 2007, the Council of the Municipality of Clarington passed Resolution #C-634-07, authorizing staff to appeal the decision of the Committee of Adjustment to the Ontario Municipal Board; AND WHEREAS the applicant, Rod Cochrane, has now provided documentation indicating support of the application from all surrounding neighbours: NOW THEREFORE BE IT RESOLVED THAT Resolution #C-634-07 be rescinded. “CARRIED” Resolution #C-665-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-136-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on November 8, 2007 for applications A2007-0055, A2007-0057, A2007-58, A2002-59 and A2007-0060 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. ”CARRIED” Council Meeting Minutes - 20 - December 10, 2007 REPORTS Report #1 - General Purpose and Administration Committee Report December 3, 2007. Resolution #C-666-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of December 3, 2007, be approved, with the exception of Item #15. “CARRIED” Item #15 Resolution #C-667-07 Moved by Councillor Foster, seconded by Councillor Trim THAT Report CLD-041-07 be received; THAT the proposed Procedural By-law included as Attachment No. 1 to Report CLD-047-07 be forwarded to Council for passage; and THAT the local boards be advised of Council’s decision. “CARRIED” Report # 2 – Report COD-056-07 - Tender CL2007-43, Guide Rail Installation Resolution #C-668-07 Moved by Councillor Woo, seconded by Councillor Trim THAT Report COD-056-07 be received; THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of $98,174.74 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-43, be awarded the contract for the Guide Rail Installation as required by the Operations Department; Council Meeting Minutes - 21 - December 10, 2007 THAT the total funds required in the amount of $118,033.77 ($98,174.74 tender plus consulting, contingencies, emergency work and administration) be drawn as follows: a) $45,000.00 from 2007 Capital Budget for Guide Rail Installation Account # 110-36-330-83639-7401; b) $39,714.95 from the 2006 Capital Budget for Asphalt Resurfacing Account # 110-32-330-83212-7401; c) $33,318.82 from Municipal Capital Works Reserve Fund; and THAT the By-law marked Schedule “A” attached to Report COD-056-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. “CARRIED” UNFINISHED BUSINESS Addendum to Report PSD-141-07 - Durham/York Residual Waste Environmental Assessment Study - Site Selection Process Municipal Comments On Step 7 – Evaluation of Short-List Of Sites And Identification of Preferred Site Resolution #C-669-07 Moved by Councillor Trim, seconded by Councillor Hooper “THAT the Addendum to Report PSD-141-07 and Report PSD-141-07 be received; THAT the entire Report PSD-141-07 be attached to the entire Addendum Report PSD-141-07; THAT, except for staff recommendations – Items 5 and 6 found on page 1 of the Addendum Report PSD-141-07, the entire Addendum to Report PSD-141-07, the entire Report PSD-141-07, and this motion as Council’s decision be adopted as The Municipality of Clarington’s comments on Step 7 – Durham/York Residual Waste Environmental Assessment Study – Site Selection Process; THAT the Regions of Durham and York be requested to respond to and address, early in 2008, the issues identified by the peer review consultants that are necessary for the submission of the EA documentation to the Ministry of the Environment; THAT the Regions of Durham and York commit to including in the Request for Proposals and Certificate of Approval, Maximum Achievable Control Technology (MACT) for the emission standards and monitoring that the EFW facility will meet; THAT The Municipality of Clarington’s comments as described above, including this motion as Council’s decision, be forwarded to the Durham-York Joint Waste Council Meeting Minutes - 22 - December 10, 2007 Management Group, the Region of York, the Region of Durham, the Ministry of Environment, and the other area municipalities in Durham Region; and THAT all delegations and interested parties be notified of Council’s decision. “MOTION CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster x Councillor Hooper x Councillor Novak x Councillor Robinson x Councillor Trim x Councillor Woo x Mayor Abernethy x Addendum to Report PSD-137-07 - Official Plan Amendment No. 59 Applicants: Baysong Developments Inc., 2084165 Ontario Limited, Kemp, Carruthers Part Lots 11,12, 13 And 14, Concession 3, Former Township Of Darlington Resolution #C-670-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Addendum to Report PSD-137-07 be received; THAT, as directed by the General Purpose and Administration Committee, Amendment No. 59 to the Clarington Official Plan as shown on Attachment 2 to Addendum to Report PSD-137-07 be adopted; THAT the necessary By-law contained in Attachment 3 to Report PSD-137-07 be passed; THAT the Region of Durham be informed of Council’s decision; and THAT all interested parties listed in the Addendum to Report PSD-137-07 and any delegations be advised of Council’s decision. “CARRIED” Council Meeting Minutes - 23 - December 10, 2007 OTHER BUSINESS Resolution #C-671-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Rules of Procedure be suspended to allow for introduction of an item of new business at this time. “CARRIED” Councillor Hooper stated a declaration of pecuniary interest with respect to free parking in downtown Bowmanville as he is the owner of a business in downtown Bowmanville. Councillor Hooper vacated his chair and refrained from discussions and voting on this matter. Resolution #C-672-07 Moved by Councillor Woo, seconded by Councillor Robinson WHEREAS Section 9. (6) (B) (vi) of By-law 91-58 states that the downtown area shall be designated as a Free Parking area for a period of time commencing on the Monday of the last full week of shopping prior to Christmas and ending on December 27 of each year; AND WHEREAS construction of the King Street bridge is still on-going, thereby making it more difficult for shoppers to access the downtown area: NOW THEREFORE BE IT RESOLVED THAT the downtown area be designated a Free Parking area effectively immediately until January 2, 2008. “CARRIED” Mayor Abernethy congratulated the Durham Regional Police Service for a large drug bust recently. Mayor Abernethy advised that Ontario Power Generation Darlington Nuclear was recognized internationally by their peers and have won a Safety Performance Award for remarkable achievement dealing with safety. Councillor Hooper stated he and Councillor Foster attended CLOCA Awards and recognized four award winners from Clarington. Council Meeting Minutes - 24 - December 10, 2007 Councillor Hooper stated a townhall meeting with the Durham Regional Police Services will be held December 11, 2007, from 7:00 p.m. to 9:00 p.m. at the Garnet B. Rickard Complex and invited members of the public to attend to express any concerns they have. Councillor Novak stated the Farmers Parade of Lights in Enniskillen, the Charles Dickens reading at St. John’s Anglican Church and the Edwardian Christmas at the Museum were very well attended. Councillor Robinson requested clarification on the status of the Hale Landfill site. The Solicitor provided a chronology of events concerning the Hale site with respect to Court decisions. Councillor Woo advised he attended the World Aids Awareness Event at Carruthers Creek. Resolution #C-673-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegations of David Matheson, on behalf of André Wiggers, and Christopher Williams be received for information. “CARRIED” Resolution #C-674-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Richard Ward be received for information. “CARRIED” Resolution #C-675-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the meeting be “closed” in order to consider Confidential Report #3 concerning a legal matter. “CARRIED” Council Meeting Minutes - 25 - December 10, 2007 BY-LAWS Resolution #C-676-07 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2007-224 to 2007-232, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-224 Being a By-law toamend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Bowmanville Arms Residents Limited) 2007-225 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (William and Jean Kimball) 2007-226 Being a By-law to authorize the execution of a Servicing Agreement between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham for the connection and installation of Regional Services on Rudell Road 2007-227 Being a By-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees, and to repeal By-law 95-55, as amended 2007-228 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Guild Electric Limited, Toronto, Ontario, to enter into agreement for the Street Lighting Improvements at Various Locations and Mearns Avenue Reconstruction Council Meeting Minutes - 26 - December 10, 2007 2007-229 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Contracting Inc., Fonthill, Ontario, to enter into an agreement for Guide Rail Installation (Report #2) 2007-230 Being a By-law to adopt Amendment No. 58 to the Clarington Official Plan and to repeal By-law 2007-212 2007-231 Being a by-law to appoint Local Authority Services Ltd. as the investigator pursuant to Sections 8, 9, 10 and 239.1 of the Municipal Act, 2001, as amended 2007-232 Being a By-law to adopt Amendment No. 59 to the Clarington Official Plan Resolution #C-677-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the third and final reading of By-laws 2007-224 to 2007-232, be approved. “CARRIED” CONFIRMING BY-LAW Resolution #C-678-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2007-233, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 10 day of December, 2007, and that the said by-law be now read a first and second time. “CARRIED” . Council Meeting Minutes - 27- December 10, 2007 Resolution #C-679-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the third and final reading of By-law 2007-233 be approved. "CARRIED" ADJOURNMENT Resolution #C-680-07 Moved by Councillor Robinson, seconded by Hooper THAT the meeting adjourn at 11 :25 p.m. "CARRIED" · ;;J-~- .