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HomeMy WebLinkAbout06/07/2011 I n Adopted as Amended 1.11111 11 Leading the{('ay Council Meeting Minutes JUNE 7, 2011 Minutes of a regular meeting of Council held on June 7, 2011 at 7:00 p.m., in the Council Chambers. Councillor Partner led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Acting Chief Administrative Officer and Director of Corporate Present: Services and Human Resources, M. Marano Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Operations, F. Horvath Manager of Development Review, C. Pellarin Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. ANNOUNCEMENTS Councillor Partner announced the following: • On Wednesday, June 1, 2011, she, along with Mayor Foster and Councillors Hooper, Novak and Woo, attended the Elected Officials Emergency Management Seminar, following which she attended the Customer Service Accessibility Training for staff and Municipal Boards and Committee members. • On Thursday, June 2, 2011, she attended the Newcastle Chamber of Commerce Trade Show held at the Newcastle Community Hall showcasing local businesses. • On Friday, June 3, 2011, she, along with Councillor Hooper, attended the Durham Cattlemen's Association Beef BBQ, held at Knox Pumpkin Farm. Council Meeting Minutes - 3 - June 7, 2011 Councillor Neal announced that he, along with Mayor Foster, Councillor Hooper, and the Municipal Clerk attended the 2011 EmployABILITY Awards Gala at the Tosca Banquet Hall. He also announced that Ryan Dus, Holy Trinity Catholic Secondary School will be presented this evening with the first Ward 1 Local Councillor Holy Trinity Titan Senior Football Comeback Player of the Year Award. Councillor Novak announced the following: • She participated in Tim Horton's Camp Day in Courtice along with local firefighters. • Courtice Secondary School celebrated their 50th Anniversary. A commemorative plaque was installed and a tree was planted as part of the celebrations. • She also attended the Elected Officials Emergency Management Seminar. Mayor Foster extended congratulations to Clarington's youth highlighting their successes in soccer, lacrosse, football and other sports. He indicated that further information regarding the Darlington Refurbishment project is available on-line. Mayor Foster announced that Mosport has been recently sold to Canadian Motorsport Ventures Ltd. and that Council looks forward to working with the new owners in continuing to build and maintain the respected reputation established by the Panoz Motor Sports Group. Resolution #C-278-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held May 16, 2011, be approved. "CARRIED" PRESENTATIONS There were no presentations scheduled for this meeting. DELEGATIONS Kerry Meydam addressed Council concerning Item #6 of Report #2 - Report PSD-052- 11, Durham-York Energy from Waste Project Clarington Comments on Certificate of Approval Application (Air) including the SENES Peer Review. Ms. Meydam indicated that she supported the report and recommendations made last week regarding Clarington's comments and requests to the Ministry of the Environment (MOE) concerning the Certificate of Approval application by Durham/York and Covanta; however, she is requesting Council to amend the motion to add a request to the MOE to include continuous monitoring of particulate and organic matter as conditions of the Certificate of Approval. Council Meeting Minutes - 2 - June 7, 2011 ? On Saturday, June 4, 2011, she, along with Councillor Hooper, attended Spirit Day in Tyrone and then attended the 172 Clarington Squadron Air Cadets Annual Review at the Bowmanville High School. ? On Sunday, June 5, 2011, she, along with Councillor Hooper, attended the Union Rod and Gun Club Open House. ? On Monday, June 5, 2011, she, along with Councillor Hooper, attended the Ontario Power Generation (OPG) Information Session at the Garnet B. Rickard Recreation Complex. st ? She extended appreciation to the sponsors and volunteers of the 1 Annual “In the Face of an Angel” Golf Tournament held May 29, 2011 at Cider House Golf Club which raised $2,200 for ovarian cancer research. ? She issued a reminder that the Rotary Ribfest will be held this Friday, Saturday and Sunday and the Rotary Club is looking for Members of Council to volunteer to do a shift over the weekend. Councillor Woo announced the following: ? On Saturday, June 11, 2011, the Annual Spring Food and Wine Festival in support of Big Brothers and Big Sisters of Clarington will be held at the Newcastle Community Hall from 12:00 noon to 5:00 p.m. featuring wine and gourmet foods. rd ? On June 25, 2011, the 3 Annual Durham Men’s Walk Against Domestic Violence will take place during the Fabulous Fifties Festival. The event is held to increase community awareness of domestic violence in Durham Region, to raise funds in support of the services provided by Bethesda House, and to give the “good guys” of Durham Region a chance to speak up and take a stand. Councillor Traill announced that “Doors Open Clarington” will take place this Saturday, June 11, 2011, and will showcase various sites including the Visual Arts Centre, the Soper Creek Trail, the Bowmanville Zoo and St. Marys Cement. Councillor Hooper announced the following: th ? On Sunday, June 5, 2011, the 9 Annual Alfie Shrubb 8K Classic was held. This year’s run set a new course record of 25 minutes and had the biggest crowd ever. Funds raised help to support Camp Ooch, a camp for children with cancer. ? He also attended “Greek Night” in Newcastle on Sunday evening, a great event in support of the Hospital Foundation. ? On Monday, June 6, 2011, he represented the Municipality at the Terry Fox th Team Appreciation Luncheon. The Clarington site placed 9 out of all of Ontario raising over $82,000 for cancer research and Team Clarington finished th in 6 place out of 32 teams registered at the Clarington Site. Council Meeting Minutes - 4 - June 7, 2011 Ms. Meydam highlighted the importance of monitoring the annual PM2.5 exposures th not just the 24-hour level measured in the EA study as the 98 24-hour measurement is 28.6 which is very close to the Canada Wide Standard of 30 micrograms per cubic metre. Ms. Meydam referenced the Ontario A-7 Guidelines for air pollution control, design and operation guidelines for municipal energy-from-waste treatment facilities which lists parameters that will be considered for continuous monitoring including organic and particulate matter as well as other metals and pollutants. She noted the Ministry encourages the use of high sensitivity continuous particulate matter monitoring systems over opacity monitoring since particulate emissions have a direct environmental impact. She expressed concern that the C of A application proposes opacity monitoring only. Ms. Meydam stated that she, along with others, believes it is critical that comments include a request to the Ministry to include continuous monitoring of organic and particulate matter in the Certificate of Approval. Ms. Meydam feels that such request would be in keeping with the Host Community Agreement and feels that if Clarington is going to be forced to host the waste incinerator, then residents want it to be made to be as safe and low-polluting as possible. Ms. Meydam reiterated the importance of the role of Council to get the best deal possible for Clarington and urged Council to ask the Ministry to include continuous monitoring of particulate matter and organic matter as conditions in the Certificate of Approval to be used for compliance verification as well. Ms. Meydam th advised that as a result of the EBR website being unavailable on June 5, she wrote to the Ministry requesting the deadline for comments be extended, noting the Ministry has complied with her request and has extended the comment period until June 9, 2011. Ms. Meydam also spoke briefly to the Addendum to Report PSD-052-11 suggesting that Council approve the original motion recommended by the General Purpose and Administration Committee and not support the addendum. COMMUNICATIONS Resolution #C-279-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 13 and I - 14. “CARRIED” I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 10, 2011. I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 21, 2011. I - 3 Minutes of the Clarington Agricultural Advisory Committee dated May 12, 2011. Council Meeting Minutes - 5 - June 7, 2011 I - 4 Minutes of the Clarington Accessibility Advisory Committee dated May 4, 2011. I - 5 Minutes of the Clarington Abandoned Cemeteries Board dated May 10, 2011. I - 6 Minutes of the Central Lake Ontario Conservation Authority dated May 17, 2011. I - 7 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 15, 2011. I - 8 John R. O’Toole, MPP, Durham, thanking Council for advising him of the Municipality’s support of the extension of Highway 407 eastward to Highway 35/115 in a single phase; indicating that he endorses the resolution and will continue to do all that he can to support local residents, the business community and Municipal Councils who understand the importance of completing the highway in accordance with the original federal/provincial FLOW Agreement; and, forwarding a copy of correspondence he has sent to the Premier of Ontario regarding Clarington’s position and requesting a copy of the Premier’s response. I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on May 18, 2011, Regional Council adopted the following resolution pertaining to an update on the planned Multi-Residential Recycling Carts, Tote Bag Distribution and Associated Promotion and Education Materials: “a) THAT Report No. 2011-WR-5 of the Commissioner of Works be received for information; and b) THAT a copy of Report No. 2011-WR-5 be forwarded to the local area municipalities for information.” I - 10 Steve Rohacek, VP, Business Development and Lending, Infrastructure Ontario, providing an update on the recently announced P3 Canada Fund Round Three application intake; indicating a comprehensive program guide is available online describing the types of projects, eligibility and the process used to identify P3s for support through the program; encouraging municipalities who are interested in applying to review the guide and to contact Infrastructure Ontario to discuss their projects with an industry expert who can provide information on the eligibility of a project and assist in developing a complete application; and, advising the deadline for applications for the P3 Canada Fund Round Three is June 30, 2011. Council Meeting Minutes - 6 - June 7, 2011 I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding a certified copy of Regional By-law 33-2011 adopted by Regional Council on May 18, 2011, being an amendment to the Regional Development Charges By-law; and, advising that any person or organization may appeal to the Ontario Municipal Board by filing with the Regional Clerk, a Notice of Appeal setting out the objection to the by-law and the reasons supporting the objection on or before June 27, 2011. I - 12 Shari G. Davis, Executive Director, IDAP Learning Disabilities Association of Peterborough, thanking Council for the grant they received on behalf of their Clarington office for the work they do with the Learning Disabled and those with ADHD. I - 13 Regional Municipality of Durham Public Notice advising of the completion of the Municipal Class Environmental Assessment (Class EA) Study to assess the current shortage of wastewater treatment plant reserve capacity for Bowmanville; indicating that the project file documenting the study process, and the technically feasible alternative is available for viewing at the Regional Clerk’s Department, the Municipal Clerk’s Department and the Clarington Public Library Courtice Branch or on line at www.durham.ca/studiesandprojects; and, advising that if concerns regarding the project cannot be resolved in discussion with the Region of Durham, a person or party may request that the Minister of the Environment make an order for the project to comply with Part II of the Environmental Assessment Act, by June 24, 2011. To obtain further information or to provide comments, contact Jim McGilton, Manager of Engineering Planning and Studies, Region of Durham, or Jennifer Haslett, Manager, Environmental Assessments, The Sernas Group. Resolution #C-280-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 13 from the Regional Municipality of Durham, with respect to the Public Notice regarding the Municipal Class Environmental Assessment – Pumping Station, Forcemain and Gravity Sewer to divert Sanitary Sewage Flows from Bowmanville to Courtice, be received for information. “CARRIED” Council Meeting Minutes - 7 - June 7, 2011 I - 14 Margaret Pak, Transportation Environmental Planner, Ministry of Transportation (MTO) advising of the completion of the detail design for the removal of the Highway 401/CNR Subway Bridge structure located in Oshawa and the Highway 401/CNR Spur Line Bridge structure located in Clarington; indicating the removal of the bridges will require one construction season to complete and work is scheduled to start in mid- June 2011; advising that removal of the CNR Spur Line Bridge deck and centre pier will require two full directional overnight weekend closures of Highway 401 for approximately 8 hours (Saturday 23:00 to Sunday 07:00) with eastbound removals scheduled for June 25 and westbound removals scheduled for July 9; and, forwarding a copy of the Notice of Construction for the removal of the bridge structures, highlighting key maps and detour routes which will be published in Clarington This Week and Oshawa This Week on June 1 and 2, 2011. Resolution #C-281-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I – 14 from the Ministry of Transportation (MTO), with respect to the removal of the Highway 401/CNR Subway Bridge structure located in Oshawa and the Highway 401/CNR Spur Line Bridge structure located in Clarington, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-282-11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 7 be approved as per the agenda. “CARRIED” D - 1 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program established in 1973 to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at www.ontario.ca/honoursandawards or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 2011. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 8 - June 7, 2011 D - 2 Flora and Clifford Curtis requesting permission to hold a fireworks display in their backyard to close their family reunion on Saturday, July 9, 2011, and advising that they will notify their immediate neighbours of their plans and will take all necessary safety precautions to ensure no complications arise. (Approved provided the organizers obtain a fireworks permit from the Municipal Law Enforcement Division) D - 3 Ronald St. C. Armstrong, Armstrong Harrison Associates, writing on behalf of their client Abraham Afana, Abe’s Auto Re-Cycling, with respect to proposed Official Plan Amendment #77; indicating that the owner will continue efforts to relocate the business but has previously noted that certain sections of OPA #77 will make relocation within Clarington impossible; suggesting a win-win situation for both the owner and the municipality by inserting a suitably drafted “notwithstanding” clause into Section 11 of OPA #77; and, requesting Council to direct staff to arrange a working meeting intended to draft such a clause or other provision in OPA #77 that will respect the needs of both parties. (Correspondence referred to the Director of Planning Services) D - 4 Cathi Hester, Secretary, Newtonville Town Hall Board, requesting permission to close Newtonville Mill Street/Church Lane to hold their annual community barbeque on Saturday, June 18, 2011. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Scott Story, Orono Business Improvement Area, requesting the closure of Main Street, Orono on Saturday, August 13, 2011, from 8:30 a.m. to 5:00 p.m. for the Orono Antique and Art Show and on Saturday, September 24, 2011, from 8:30 a.m. to 5:00 p.m. for the Orono Chili Cook-Off Event, and for one sign permit for the Orono Chili Cook-Off event. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and correspondence referred to the Planning Services Department for consideration of the sign permit) Council Meeting Minutes - 9 - June 7, 2011 D - 6 Alesha Caldwell, Conservation Outreach Programs Coordinator, Ontario Federation of Anglers and Hunters, indicating that Ontario Family Fishing Week is scheduled from July 2 to July 10, 2011, with many fish festivals, clinics or conservation and educational activities to be held; and, requesting assistance in publicizing the 2011 Ontario Family Fishing Week in the Municipality’s calendar of summer events and for July 2 to 10, 2011, to be declared “Ontario Family Fishing Week” (Proclaimed and correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 7 Connie Shaw advising Council that on June 11, 2011, “The Motorcycle Ride for Dad” fundraising event in support of prostate cancer research will be held with 250 to 300 riders expected to participate; advising of the planned route commencing at 9:00 a.m. at Clarington Honda and concluding at approximately 9:30 a.m. at Bowmanville High School with a poker run to follow throughout Durham Region; and, indicating that the organizers are in the process of providing the Municipality with a Certificate of Insurance for the event. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on January 26, 2011, Regional Council adopted the following resolution pertaining to E9-1-1 P.E.R.S. Updated Telephone System Policy and Procedure Manual: “a) THAT Appendix ‘A’ of the 9-1-1 Joint Powers Agreement as contained in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure Manual be amended by adding a representative of the EMS/Region of Durham, and further that the representative be appointed by the Commissioner & Medical Officer of Health; b) THAT Appendix ‘A’ of the 9-1-1 Joint Powers Agreement as contained in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure Manual be amended by deleting the words ‘five (5) member Board’ and replacing it with the words ‘seven (7) member Board’ so as to be comprised of the following: Representative Appointed By Regional Council: Regional Council (elected official) Police: Police Chief Fire: Fire Chief’s Committee Ambulance (Province) Ministry of Health Council Meeting Minutes - 10 - June 7, 2011 EMS/Region of Durham Commissioner & Medical Officer of Health 9-1-1 P.P.S.A.P. Manager 9-1-1 Management Board Regional Council (Staff Member) C.A.O./Region of Durham; c) THAT Appendix ‘A’ of the 9-1-1 Joint Powers Agreement as contained in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure Manual be amended by inserting the word ‘annual’ in the last paragraph of Appendix ‘A’ to reflect that the Chairperson be a representative of either the Police or Fire Agencies on a rotating annual basis; d) THAT Appendix ‘B’ of the 9-1-1 Joint Powers Agreement as contained in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure Manual be amended to reflect the new members of the 9-1-1 Management Board and their contact information; e) THAT the 9-1-1 Joint Powers Agreement as contained in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure Manual, as amended in Appendix ‘A’ and ‘B’ be approved; f) THAT the Regional Chair and Clerk be authorized to sign the 9-1-1 Joint Powers Agreement, as amended and contained in the E9- 1-1 P.E.R.S. Telephone System, Policy and Procedure Manual; and g) THAT the 9-1-1 Joint Powers Agreement, as amended and contained in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure Manual be circulated to the Durham Region Police Services Board and eight area municipalities for approval and signing of same.” Resolution #C-283-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the resolution from the Regional Municipality of Durham, with respect to the E9-1-1 P.E.R.S. Updated Telephone System Policy and Procedure Manual, be endorsed. “CARRIED” Council Meeting Minutes - 11 - June 7, 2011 D - 9 Paul Smeltzer, Chair, 2014 Congress Organizing Committee, Ontario Public Works Association, advising that on August 17 to 21, 2014, the Ontario Public Works Association and the City of Toronto will host the 2014 American Public Works Association International Congress and Exposition where 6,000 public works industry professionals from all over the world will come together for four days of extensive educational programming, workshops, expo and networking; identifying two ways in which municipalities can participate either by permitting staff to act as volunteers serving on Committees, acting as moderators, providing direction and serving as Ambassadors to Toronto and Ontario or by becoming a sponsor for the Ontario Chapter; and, identifying Municipal recognition based on the Bronze, Silver, Gold and Platinum Sponsorship Levels of $5,000 to $20,000+. Resolution #C-284-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Item D - 9 from Paul Smeltzer, Chair, 2014 Congress Organizing Committee, Ontario Public Works Association, with respect to the 2014 American Public Works Association International Congress and Exposition, be received for information. “CARRIED” D - 10 Robert P. MacLean, Clerk-Treasurer, Town of Thessalon, writing to the Honourable Brad Duguid, Minister of Energy, advising that on May 2, 2011, the Town of Thessalon adopted the following resolution pertaining to ground mounted solar systems: “WHEREAS in an effort to maintain the peace, quiet, dignity and desirable appearance of the municipality, the Council of the Corporation of the Town of Thessalon passed By-law Number 1774 on March 7, 2011 to amend Schedule A of By-law Number 1592, being a by-law to establish standards for the maintenance and occupancy of property in the Town of Thessalon, to include the following section: Every person shall keep every front yard free and clear of any equipment or material relating to Renewable Energy Projects including, but not limited to, Ground and/or Pole Mounted Solar Photovoltaic(PV)Systems, Wind Facilities or any other like equipment. AND WHEREAS Council has received confirmation of an individual’s intentionto install large ground mounted solar systems on a vacant lot in a residential area in the municipality; Council Meeting Minutes - 12 - June 7, 2011 AND WHEREAS the Town of Thessalon has been advised by the Ministry of Municipal Affairs and Housing that the Green Energy and Green Economy Act, 2009 made amendments to the Planning Act, most notably the addition of a new section 62.0.2 which exempts renewable energy projects from most land use planning instruments under the Planning Act, including municipal official plans and zoning, site plan control, interim control and holding by-laws, thus eliminating the need for a property owner proposing a renewable energy project to seek an official plan amendment or a change to a zoning by-law, among other matters; AND WHEREAS Council recognizes the importance of the Green Energy and Green Economy Act, 2009, Council is sensitive regarding the impact such installations will have on adjacent property owners who will be in extremely close proximity to such proposed solar systems; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Thessalon hereby petitions the Government of Ontario through the Minister of Energy and Infrastructure to reconsider the provisions of the Green Energy and Green Economy Act, 2009 and to address the provisions having regard for the negative impact created by the installation of ground mounted solar systems within residential and commercialareas in municipalities; AND FURTHER THAT a copy of this resolution be forwarded to the Association of Municipalities of Ontario, the Federation of Northern Ontario Municipalities and to all municipalities in the Province of Ontario for endorsement.” Resolution #C-285-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the resolution from the Town of Thessalon, with respect to ground mounted solar systems, be referred to staff for review and report. “MOTION LOST” Resolution #C-286-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the resolution from the Town of Thessalon, with respect to ground mounted solar systems, be endorsed. “CARRIED” Council Meeting Minutes - 13 - June 7, 2011 D - 11 Marolyn Morrison, Mayor, Town of Caledon, Chair, Greater Toronto Countryside Mayors Alliance, writing to the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, advising that on April 15, 2011, the Countryside Mayors Alliance adopted the following resolution pertaining to provision of cemeteries: “WHEREAS municipalities require cemeteries and municipal public service facilities to support their residential and business constituents; AND WHEREAS cemeteries and municipal public service facilities must be provided in proximity to the residents and businesses they are designed to serve; AND WHEREAS cemeteries and municipal public service facilities may not be compatible with or cannot be reasonably established in existing “settlement areas” within the municipality; AND WHEREAS the ability to expand settlement areas is constrained by Provincial Plans such as the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, the Niagara Escarpment Plan and the Places to Grow Plan; THEREFORE BE IT RESOLVED that the Greater Toronto Countryside Mayor’s Alliance request that, within the five year review of the Provincial Policy Statement, the Ministry of Municipal Affairs and Housing revise Section 2.3.5 “Removal of Land From Prime Agricultural Areas” to allow for the provision of cemeteries and municipal public service facilities on prime agricultural areas outside settlement areas.” Resolution #C-287-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the resolution from the Greater Toronto Countryside Mayors Alliance, with respect to provision of cemeteries, be endorsed. “CARRIED” D - 12 Martin de Rond, Director of Legislative & Information Services/Town Clerk, Town of Ajax, advising Council that on May 9, 2011, the Town of Ajax adopted the following resolution pertaining to Regional Council Representation: “WHEREAS a comprehensive review of the composition of Regional Council was last undertaken in 1996 with the establishment of a Regional Restructuring Committee; Council Meeting Minutes - 14 - June 7, 2011 WHEREAS the Committee consisted of the Regional Chair and one member of Regional Council appointed by each area municipality and a representative from the Ministry of Municipal Affairs and Housing; WHEREAS the Regional Clerk’s Department presented information during the April 27-29, 2011 Special Council Meeting that demonstrated inequitable citizen representation amongst the five urban Lakeshore municipalities; AND WHEREAS changes to the composition of Regional Council may necessitate changes to lower-tier Council composition and ward boundaries; NOW THEREFORE BE IT RESOLVED: 1. THAT a Council Composition Review Committee be established and comprised of the Regional Chair and the Mayor’s, or Council Designates, from each lower-tier municipality to address the issue of fair and equitable representation among the Lakeshore municipalities based on the understanding: i. The size of Regional Council remain at a maximum of 28 members plus the Regional Chair; and, ii. The three northern municipalities continue to be represented by two representatives each. 2. THAT to allow lower-tier municipalities to complete their own reviews and approve Council composition and/or boundary changes by December 31, 2013 in order that all desired changes will be in effect for the 2014 regular elections, the Committee will report its findings to the Council of the Regional Municipality of Durham no later than December 31, 2011; and 3. THAT the Region adopt a policy requiring a substantive review of Council representation and composition immediately following the publishing of the comprehensive national census population statistics every ten years, such next review to take place by December 31, 2021.” Council Meeting Minutes - 15 - June 7, 2011 Resolution #C-288-11 Moved by Councillor Woo, seconded by Councillor Partner THAT the resolution from the Town of Ajax, with respect to Regional Council Representation, be received for information. “CARRIED” D - 13 Raymond Benns, Chair, Ganaraska Region Conservation Authority, advising Council that on May 19, 2011, the Board of Directors adopted the following resolution pertaining to large commercial fill operations: “WHEREAS Conservation Authority regulations in Ontario apply to “other areas” (within 120 metres) of wetlands; and WHEREAS “other areas” are only regulated if development in these areas could interfere with the hydrologic function with the wetland; and WHEREAS the Section 142(8) of the Municipal Act exempts a landowner of the requirements of a Municipality’s site alteration by-law, if a Conservation Authority has a regulation in effect; WHEREAS the Conservation Authority regulations require an applicant to submit “A complete description of the type of fill proposed to be placed or dumped”; and WHEREAS it is beyond the resource capacity and scope of CA regulations to effectively deal with, large scale commercial fill operations; primarily with respect to the sources and quality of material they import; WHEREAS it is the position of the MOE that the regulation of fill sites; or filling activity is not addressable through its legislation; BE IT RESOLVED THAT the Ganaraska Region Conservation Authority request Conservation Ontario engage the Provincial government to develop and implement legislation to effectively deal with large scale commercial fill operations; and FURTHER THAT the Full Authority forward this motion to local MPs and MPPs and to the watershed municipalities, requesting the municipalities engage the Association of Municipalities of Ontario (AMO) to also work towards addressing concerns regarding large commercial fill operations.” Council Meeting Minutes - 16 - June 7, 2011 Resolution #C-289-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution from the Ganaraska Region Conservation Authority, with respect to large commercial fill operations, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report May 25, 2011. Resolution #C-290-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 25, 2011 be approved. “CARRIED” Report #2 - General Purpose and Administration Committee Report May 30, 2011. Resolution #C-291-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 30, 2011 be approved, with the exception of Items #2, #6, #8, and #11. “CARRIED” Item #2 Resolution #C-292-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-048-11 be received; THAT whereas, given the circumstances that servicing of the property is not guaranteed to be completed within three years, the draft approved Plan of Subdivision until August 19, 2017 be approved; THAT the by-law authorizing entering into a Subdivision Agreement between the Owner of the lands and the Municipality of Clarington be approved as contained in Attachment 3 of Report PSD-048-11; Council Meeting Minutes - 17 - June 7, 2011 THAT a copy of Report PSD-048-11 and Council’s decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-048-11 and any delegations be advised of Council's decision. “CARRIED AS AMENDED” (See following motion) Resolution #C-293-11 Moved by Councillor Woo, seconded by Councillor Traill THAT the foregoing Resolution #C-292-11 be amended by replacing Paragraph 2 with the following: “THAT, in consideration of the servicing constraints for the lands, the draft approval of Subdivision S-C-2007-001 be extended for six (6) years, until August 19, 2017.” “CARRIED” Resolution #C-292-11 was then put to a vote and CARRIED AS AMENDED. Item #6 Resolution #C-294-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Item #6 of Report #2 - Durham-York Energy From Waste Project Clarington Comments on Certificate of Approval Application (Air) be tabled to the General Purpose and Administration Committee meeting of June 13, 2011. “CARRIED” Item #8 Resolution #C-295-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Report EGD-023-11 be received; THAT Council authorize the Mayor and Clerk to execute the Gift Agreement between Hydro One and the Municipality; and Council Meeting Minutes - 18 - June 7, 2011 THAT interested parties be notified of Council’s decision. “CARRIED” Item #11 Resolution #C-296-11 Moved by Councillor Partner, seconded by Councillor Woo THAT Staff be directed to review the current Noise By-law 2007-071 and, where appropriate, update the language and provisions of the By-law as they relate to the regulation of noise coming from shooting ranges within the Municipality. “CARRIED” STAFF REPORT(S) There were no staff reports considered under this section of the Agenda. BUSINESS ARISING FROM PROCEDURAL NOTICE(S) OF MOTION There was no business arising from Procedural Notices of Motion considered under this section of the Agenda. UNFINISHED BUSINESS 1. Resolution #C-266-11 – Recommendation for Appointment of Rob Franklin to the Trent Conservation Coalition Source Protection Committee (Tabled at the Council Meeting of May 16, 2011) Resolution #C-297-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Resolution #C-266-11 be lifted from the table. “CARRIED” Resolution #C-298-11 (Resolution #C-266-11 from May 16, 2011) Moved by Councillor Neal, seconded by Councillor Partner THAT Rob Franklin be recommended for appointment on the Trent Conservation Coalition Source Protection Committee to represent the Municipality of Clarington. “CARRIED” Council Meeting Minutes - 19 - June 7, 2011 BY-LAWS Resolution #C-299-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2011-060 to 2011-062; and 2011-060 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2007-0001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2007-0001 2011-061 Being a by-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington 2011-062 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; and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Resolution #C-300-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the Rules of Procedure be suspended to allow for the introduction of a motion of new business. “CARRIED” Council Meeting Minutes - 20 - June 7, 2011 Resolution #C-301-11 Moved by Councillor Neal, seconded by Councillor Novak THAT an exemption to the Exotic Pet By-law 93-161 be provided to the Samuel Wilmot Nature Area Management Advisory Committee to allow for a Birds of Prey presentation to be held on Saturday, June 18, 2011, at the Wilmot Nature Area. “CARRIED” Councillor Partner advised of the disrepair of the roads at the Bowmanville Cemetery and suggested that Members of Council take a tour of the Cemetery. She will bring this up at the next General Purpose and Administration Committee meeting. Councillor Traill requested clarification on the deadline for submission of comments to the Certificate of Approval application for the Energy-From-Waste facility. Mayor Foster clarified that the submission deadline has been extended until Thursday, June 9, 2011. The Director of Development Review advised that the Ministry has received the Peer Review Consultant’s report but would not have a Council endorsement. Councillor Hooper advised of significant issues in the downtown core regarding power outages and requested that the matter be investigated with Veridian. Mayor Foster and Councillor Novak indicated that any time problems are experienced with Veridian, they can investigate on behalf of Members of Council. Councillor Neal questioned whether direct Election of the Regional Chair will be reviewed as part of the Report on Regional Council representation on the Regional Council Agenda tomorrow. Mayor Foster clarified that they are two distinct issues and a separate report would be coming back to Regional Council on the direct election of the Regional Chair. Councillor Partner indicated that she has received 153 e-mails with respect to the Morgan’s Road issues and wanted to relay to residents that Council and staff are working diligently on the matter. CONFIRMING BY-LAW Resolution #C-302-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-063, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 7 day of June, 2011; and Council Meeting Minutes - 21 - June 7, 2011 THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-303-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 8:30 p.m. "CARRIED" AniffiALP Sli MIDI 'A ' LERK