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HomeMy WebLinkAbout07/18/2011 Council Meeting Minutes JULY 18, 2011 Minutes of a regular meeting of Council held on July 18, 2011 at 7:00 p.m., in the Council Chambers. Councillor Hooper 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 Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Communications Coordinator, J. Vreeker, attended until 7:10 p.m. 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 Novak extended congratulations to Mayor Foster, staff and to all who participated in the Mayor's Golf Classic which raised $25,000 for the Memorial Hospital Foundation - Bowmanville. Councillor Hooper echoed the comments of Councillor Novak regarding the Mayor's Golf Classic. He announced that this past week the first group of 11 and 12-year-olds graduated from the Junior Firefighters' Program and expressed appreciation to the sponsors including Ontario Power Generation and other local sponsors. Forty young people per week will participate during the five-week program. Council Meeting Minutes - 2 - July 18, 2011 Councillor Hooper expressed appreciation to Members of Council and staff for their cooperation during the year. Councillor Woo announced that yesterday, he and Councillor Partner welcomed the Newcastle Denture Clinic, a new business in Newcastle and wished the owners much success. Councillor Woo also wished Members of Council, the public, and staff a safe and happy summer break. Councillor Traill announced the following: • On Thursday, she attended the inaugural performance of Clarington Concert Band in the summer "Concert in the Park" series at Rotary Park in Bowmanville. • On Sunday she visited the Visual Arts Centre for the Heather Graham exhibition. • This coming weekend, Mosport International Raceway will host the American Le Mans Series. • She also encouraged everyone to participate in the 8t" Annual Women on Course Golf Classic for Breast Cancer to be held at Cider House Golf on August 13, 2011. Councillor Partner announced the following: • On Wednesday evening she attended the Library Gazebo in Orono and enjoyed the music of the Charles Street Band. • She participated in the Mayor's Classic Golf Tournament in support of the Memorial Hospital Foundation — Bowmanville. • On Sunday, she, along with Councillor Woo, attended the opening of the Newcastle Denture Clinic at 73 King Avenue West. • She issued a reminder that the Municipality's outdoor concert series take place Tuesdays in Newcastle, Wednesdays in Orono, Thursdays at Rotary Park and Sundays in Newtonville and encouraged all to come out and enjoy the music. Mayor Foster announced the following: • The Sarah Jane Williams Heritage Centre is currently exhibiting "The Greatest Show". • He expressed appreciation to staff for their efforts in organizing the Mayor's Classic Golf Tournament. • The Driftwood Theatre Group will be performing MacBeth at the Visual Arts Centre on August 11 to • On July 21St CLOCA is hosting a Community Information Session regarding the release of the Bowmanville/Soper Creek Watershed Draft Existing Conditions Report from 6:30 p.m. to 8:30 p.m. at the Baseline Community Centre. Council Meeting Minutes - 3 - July 18, 2011 Resolution #C-353-11 Moved by Councillor Partner, seconded by Councillor Woo THAT the minutes of a regular meeting of Council held July 4, 2011, be approved. "CARRIED" PRESENTATIONS Mayor Foster indicated that tonight it was his pleasure to recognize a special resident of the Municipality, Mr. Wallace Boughen. Mayor Foster stated Mr. Boughen was born in the hamlet of Starkville in 1931, moved to Newtonville, and has never lived anywhere else. Mayor Foster acknowledged Mr. Boughen's contribution to the community including helping start the food bank, working hard as the official welcoming committee for Newtonville and serving on the Newtonville Hall Board for 50 years. He indicated that Mr. Boughen is affectionately referred to as the "Mayor of Newtonville" and is well respected by his community as was evidenced by the hundreds of well wishers who helped celebrate his 80th birthday at the Newtonville Church on March 13th of this year. Mayor Foster presented the Municipality of Clarington's 2011 "Senior of the Year" Award to Mr. Wallace Boughen, in recognition of his outstanding contribution to the community after the age of 65. DELEGATIONS Diana Curle was called but was not in attendance. Ron Collis, Chair, 2011 Clarington Arts & Music Festival addressed Council to provide an update on the 2011 CAMfest. Mr. Collis thanked Council for the financial support that has been instrumental in securing integral components to advance the Festival. Mr. Collis stated the 2011 CAMfest being held on Saturday, August 20, 2011, at the Orono Fairgrounds, will be bigger and better than three years ago and will feature 12 hours of live music, including both local performers such as Mark Sullivan, Trish Robb and the Stone Sparrows and renowned performers such as Murray McLaughlin and The Sadies. Mr. Collis indicated that the paddock area will be converted into a unique gallery to display the works of over 50 artists and artisans and there will also be a family fun zone and fresh food markets. Mr. Collis requested Council's assistance in promoting the festival by taking part in a promotional exercise and requested Members of Council to attend A Gift of Art Studio to create a finger-painting masterpiece. He noted each piece will be framed and critiqued and will be posted on www.camfest.ca while keeping the identity of the Council artist a secret. The public will be encouraged to vote on the entries displayed. Mr. Collis encouraged the public to come out to CAMfest and explore Clarington's creative side and thanked Council for their support and continuing efforts to help highlight the remarkable talent and energy that makes Clarington special. Council Meeting Minutes - 4 - July 18, 2011 Mr. Collis also briefly discussed the collapse of the stage at the recent Ottawa Blues Festival and assured Council that event organizers have instituted safety measures and processes so that the highly trained volunteers will be in a position to manage any emergency situations that may arise. Doug Ives requested that his wife address Council concerning Item 1 of Unfinished Business - Report PSD-062-11 - Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp. Mrs. Ives read from a prepared statement indicating that they were not here this evening to put anyone out of business, but to have the business relocated to a commercial area. Mrs. Ives stated that Mr. Knapp's business became full-time last summer operating seven days per week and his clientele has continued to expand. She noted that this creates more traffic and illegal parking and causes people to have to walk where there is no sidewalk. Mrs. Ives acknowledged that Cobbledick Road is busy road and that Mr. Knapp has indicated that he can't help where people park. Mrs. Ives is concerned that strangers are parking just a few feet from her driveway and backyard and that she is not comfortable with people parking so close to where her children are playing. Mrs. Ives stated that a small engine repair shop is not a borderline business noting staff has indicated that this type of business is disruptive to a residential neighbourhood. She stated that there are by-laws in place that require these types of operations to be conducted in the proper zones. Mrs. Ives stated that two other businesses providing the same service are currently operating in an appropriately-zoned area and that Mr. Knapp should relocate his business. Mrs. Ives urged Council to consider the impacts on her family when rendering a decision, cautioned Council about setting a dangerous precedent, and requested Council to trust the advice of staff and the Committee of Adjustment when deciding on the matter. Linda Gasser addressed Council concerning Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (Item 1(a) of Report#1). Ms. Gasser stated she feels Report PSD-064-11 is premature as Regional Council has not adopted the Co-owners Agreement or delegated authority to staff to issue the Notice to Proceed to construction. Ms. Gasser would have preferred staff to prepare a report with an analysis on how the proposed Draft Ambient Air Monitoring Plan and Groundwater and Surface Water Monitoring Plans meet the conditions of the Host Community Agreement and Regional Council commitments. Ms. Gasser stated the $9 million in architectural enhancements were part of the May 2008 Business Case and would likely have happened with or without a Host Community Agreement. She indicated the Viewing Gallery and the Education Centre were budgeted for separately and in addition to the $9 million. Ms. Gasser feels that one of the most wasteful suggestions is to use funds on a water feature because she feels that in addition to it being a waste of money, it is also a waste of water and energy and that Council should be concerned more with the impacts from the stack on Lake Ontario and Tooley's Creek. She requested that the water feature and additional lighting be deleted. Ms. Gasser also questioned spending $800,000 on stack enhancements as she feels this money would be better spent on extended monitoring, additional mitigation and/or baseline health testing to monitor and protect against stack emissions. Council Meeting Minutes - 5 - July 18, 2011 She also suggested that Council inquire as to what has happened to the $10,200,000 that was budgetted in the 2008 Business Case for Contingency site improvements as this might allow use of part of the $9 million for operational, monitoring and air pollution control technology enhancements. Ms. Gasser urged Council to adopt a resolution advising that Clarington Council wants to evaluate options on how to use the $9 million before staff grant site plan approval and that a copy of the resolution be sent to Durham Councillors in time for their special meeting so that Regional Councillors are aware that Clarington Councillors are more concerned with health impacts and emissions than with the appearance of the burner. She also suggests Council encourage Regional Councillors to ensure that all monitoring plans meet all Durham Council commitments including those in the Host Community Agreement. Linda Gasser addressed Council concerning Durham/York Incinerator Monitoring Plans (Correspondence Item D — 9). Ms. Gasser stated that the Certificate of Approval for the Durham/York Energy From Waste facility was approved and expressed concern that none of the monitoring improvements requested by Clarington were included as Conditions of Approval. She indicated that those reviewing the C of A have serious concerns about the failure of Durham to include, and the Ministry of the Environment to require, monitoring to meet the commitments that Regional Council had made regarding monitoring and operations. Ms. Gasser stated she is not surprised that Regional staff, those supporting the burner, the Ministry of the Environment, Durham and York Regions and Covanta will not want any more than the basic monitoring as they will not want evidence produced that might show the incinerator would exceed predicted emissions that could impact public health. Ms. Gasser referenced the two draft monitoring plans released last week produced by Stantec. She indicated that it is inappropriate now that Stantec be hired to develop the Ambient Air Monitoring Plan, whose main purpose is to determine what impacts emissions that Stantec estimated would have on local air quality and public health and suggests that Council should object strenuously to this. She stressed the need for CEMS for parameters for particulate and organic matter and urged Council to adopt a resolution indicating that Clarington requests an opportunity to provide formal comment to all monitoring plans that have the potential to affect human health and the natural environment. Ms. Gasser expressed concern that the Ministry of the Environment A-7 guidelines recommend continuous monitoring of particulate and organic matter and that mercury could be considered, yet the MOE appears to have abandoned Clarington and set the bar very low. Ms. Gasser urged Council to re-send their June 21, 2011 letter to Durham and York Regions requesting that the Regions implement the suggestions contained in the correspondence as they capture Durham Region's commitments from January 23, 2008 and are consistent with the Business Case in which the RFP will require vendors to provide continuous emissions monitoring of key operational parameters and all regulated contaminants that can be reliably monitored on a continuous basis. Ms. Gasser expressed concern that once again the next Energy-From-Waste Advisory Committee meeting has been called during the day and requested that Council adopt a resolution asking Durham Region to direct the project team staff to hold the next EFW AC meeting in the evening as the various monitoring plans will be on the agenda. Council Meeting Minutes - 6 - July 18, 2011 Ron Worboy addressed Council concerning Item 1 of Unfinished Business - Report PSD-062-11 - Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp. Mr. Worboy reminded Council that the Knapps have been in business for 31 years and the first complaint received was one year ago. Mr. Worboy reviewed the purpose of Section 39 of the Planning Act requesting Council to give the Knapps three years temporary use to assess their situation and perhaps retire. Mr. Worboy acknowledged that the area is zoned residential, but also indicated that the Ives live in an area with major traffic leading onto Highway 115 and that not all the traffic can be attributed to Mr. Knapp's business. He stated that Mr. Knapp's property has two parking spaces which he thinks are adequate. Mr. Worboy stated that it takes Mr. Ives 45 minutes to cut his grass and that Mr. Knapp wouldn't make that much noise in three days. He advised that Mr. Knapp now restricts the hours to between 10:00 a.m. and 4:00 p. m. Mr. Worboy requested Council to allow the temporary use for three years as denial of the application will be a major economic disaster to the Knapps and will allow them to retire with dignity. Wendy Bracken addressed Council concerning Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (Item 1(a) of Report#1) and Durham/York Incinerator Monitoring Plans (Correspondence Item D — 9). Ms. Bracken feels that to say the Ministry of the Environment (MOE) has let Clarington down is an understatement as the MOE has failed to act on legitimate and documented concerns that Clarington and members of the public have put forward, they have failed to act on identification of significant emissions errors and omissions between the Certificate of Approval and the EA and have set the bar very low. She expressed concern that only five combustion gases will be monitored continuously and that fine particulate matter, mercury, cadmium, lead and other carcinogens are only going to be monitored once a year in a stack test. She feels this egregious because it is well documented that particulate matter is a huge concern and it is hypocritical because they encouraged it over opacity monitoring. Ms. Bracken stated contrary to holding the proponent to lower emissions, the MOE is going to regulate 21 mg per m3 for PM2.5 that is outside for health risks and cautioned the dangerous precedent being set for a pollutant which the Ministry admits marginally complies with guidelines and exceeds the World Health Organization benchmarks for chronic exposure. Ms. Bracken feels that if the correct values had been used, the risk would have been identified by this pollutant. She expressed concern that on the EBR website it states that the conclusions of the EA health assessment indicate that they are not affected and she questioned where the data is to support this. Ms. Bracken concurred with the comments of Ms. Gasser concerning the Ambient Air Monitoring Plan. She stated that she is appalled that there was only one meeting to address ambient air monitoring and she has grave concerns that Stantec have a vested interest in preparing the plan. Ms. Bracken stated that she does not have confidence in these consultants as errors have been found in their previous works. She indicated that Health Canada was not at the table but did send letters; however, no one else has copies of them. Ms. Bracken urged Council to resubmit their June 21 st correspondence to all Regional Councillors following the recommendations proposed by Linda Gasser. Council Meeting Minutes - 7 - July 18, 2011 Ms. Bracken also feels that it is wasteful to be spending $9 million on a water feature or education centre at an incinerator and that public money should be allocated to the protection of public health. Rene Dubreuil addressed Council concerning Item 1 of Unfinished Business - Report PSD-062-11 - Application to Amend the Zoning By-law 84-63 - Margaret and Wes Knapp. Mr. Dubreuil stated he was here tonight on behalf of Mr. and Mrs. Knapp as he is a client of theirs. He indicated that he has attended the Knapp property on six occasions and that the property is well maintained and that he would be proud to have such a property in his neighbourhood. Mr. Dubreuil feels that Mr. Knapp should be applauded for his entrepreneurship after losing his full-time job last year when his employer claimed bankruptcy, noting Mr. Knapp is not a burden on society. Mr. Dubreuil acknowledged the difficulties in changing by-laws and that they are in place for a reason; however, he hopes Council will approve this request. Kerry Meydam addressed Council concerning Energy From Waste Facility: Architectural Upgrades Under Host Community Agreement (Item 1(a) of Report#1) and DurhamNork Incinerator Monitoring Plans (Correspondence Item D — 9). Ms. Meydam stated a lot Clarington residents are opposed to the building of the incinerator; however, she feels that if it is to be built their priority is on safety. Ms. Meydam quoted the Host Community Agreement in which the Region shall incorporate no less than $9 million in the RFP for the provision of architectural treatments and upgrades to the EFW Facility and will consult with Clarington on the treatments prior to submitting the site plan application. Ms. Meydam stated that the $9 million now includes the cost of a visitors' centre, noting that in the detailed Business Case approved by Durham Region, the Viewing Gallery and Education Centre were separate items over and above the $9 million. Ms. Meydam feels that the Visitors' Centre is a benefit to Covanta for marketing purposes and could be a benefit to Durham politically but questioned how it will benefit Clarington. She questioned how the small number of visitors expected would be worth the money being allocated to it when costs are being cut out of the state-of-the-art 24/7 monitoring promised in Regional Council resolutions and the Host Community Agreement. She stated watering down of promises concerning emissions control and monitoring systems is disturbing. She is asking that the $3,596,000 allocated for the visitors' centre and bridge/canopy be put toward the state-of-the art monitoring as requested by Clarington Council. She indicated that the enhanced monitoring both Clarington Council and residents requested would be of far more benefit to the health, safety and well-being of the residents of Clarington than the cost of the business offices. Ms. Meydam requested Council to adopt a resolution indicating that the money allocated for the visitors' centre now earmarked in the $9 million be instead put toward the enhanced monitoring that was promised, and that Clarington Council requested in their EBR comments. Council Meeting Minutes - 8 - July 18, 2011 COMMUNICATIONS Resolution #C-354-11 Moved by Councillor Traill, seconded by Councillor Partner THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 5, 1 - 7, 1 - 11, 1 - 12 and I - 15. "CARRIED" 1 - 1 Minutes of the Clarington Agricultural Advisory Committee dated July 7, 2011. 1 - 2 Minutes of the Ganaraska Region Conservation Authority, dated May 19, 2011. 1 - 3 Minutes of the Durham Nuclear Health Committee (DNHC), dated June 17, 2011. 1 - 4 Minutes of the Clarington Heritage Committee, dated June 21, 2011. 1 - 6 Sandra Kranc, City Clerk, City of Oshawa, writing to Premier Dalton McGuinty advising that on June 28, 2011, the City of Oshawa adopted the following resolution pertaining to issues related to Highway 407 Extension: "WHEREAS Mayor Henry wrote letters dated March 15, 2011 and April 20, 2011 to Premier McGuinty and Minister of Transportation Wynne in respect to funding and other issues associated with the Highway 407 East Extension (see Attachments 1 and 2); and, WHEREAS Mayor Henry received a response from Minister Wynne dated June 16, 2011 which, respectfully, is not clear on the funding and nature of improvements on the Provincial Highway 407 East right-of-way and on impacted City and Regional road right-of-ways and Highway 401 (see Attachment 3); and, WHEREAS Planning Services staff received a letter dated June 16, 2011 from Ministry of Transportation staff regarding future improvements to Highway 401 including the Harmony Road interchange which, respectfully, mirrors the Minister's letter and is not clear on the scope, timing and funding responsibility Highway 401 improvements some of which must be coordinated with the opening of Highway 407 East (see Attachment 4); and, Council Meeting Minutes - 9 - July 18, 2011 WHEREAS the Province has advised it will not release the entire Highway 407 RFP including schedules to the host municipalities along the Highway 407 East Extension so that said municipalities can see what the Province is requiring the bidders to build and finance (e.g. size and nature of bridges and underpasses and whether these can accommodate/include bike and pedestrian facilities, sidewalks, streetlights, cycling lanes, etc.) and what costs and capital works the Province is planning to transfer to host municipalities; THEREFORE BE IT RESOLVED: (a) That Mayor Henry and staff continue their efforts to achieve fairness and clarity on: a. Municipal costs and responsibilities associated with accommodating Highway 407 East and its impacts and to advance a mutually acceptable funding program; and, b. The future Highway 401 planning study, potential improvements, timing and coordination with the Highway 407 East Phase 1 opening and funding responsibilities. (b) That the Province be requested to immediately release all of the Highway 407 RFP documents including all schedules to the Highway 407 East host municipalities." 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 29, 2011, Regional Council adopted the following resolution pertaining to Updated Partnership Memorandum between the Regional Municipality of Durham and the five Durham Area Conservation Authorities regarding Provincial delegation of plan review functions: "a) THAT Council endorse the updated Partnership Memorandum between the Region and the five Conservation Authorities within Durham Region regarding the Provincial delegation of Plan Review functions included in Attachment 1 to Report #2011-P-54 of the Commissioner of Planning and Economic Development; b) THAT upon Council endorsement, the Regional Chair and Regional Clerk be authorized to execute the Partnership Memorandum between the Region and the five Conservation Authorities; c) THAT a copy of the signed Partnership Memorandum be circulated to the Conservation Authorities for execution; and d) THAT a copy of Report #2011-P-54 be forwarded to the area municipalities for their information." Council Meeting Minutes _ 10 - July 18, 2011 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham advising Council that on June 29, 2011, Regional Council adopted the following resolution pertaining to Energy From Waste —Waste Management Advisory Committee (EFW-WMAC): "THAT the Terms of Reference for the Energy from Waste —Waste Management Advisory Committee (EFW-WMAC), as agreed upon by the Regional Municipality of Durham and the Municipality of Clarington, be approved." 1 - 10 Heather Brooks, Director, Watershed Planning and Natural Heritage, Central Lake Ontario Conservation Authority, advising of the development of a watershed management plan for the Bowmanville/Soper Creeks in 2009; forwarding a copy of the draft Existing Conditions Report for review and comment; indicating a Community Information Session will be held at the Base Line Community Centre on Thursday, July 21, 2011, from 6:30 p.m. to 8:30 p.m.; and, advising that comments will be received until September 15, 2011, and will be considered when the draft report is finalized and used in Phase 2 planning activities to develop specific strategies to maintain, improve and restore the watershed's integrity. The report can be accessed electronically at www.cloca.com under "Latest News". 1 - 13 The Honourable John Wilkinson, Minister of the Environment, thanking Council for their resolution on wind turbine development in Ontario; providing information about renewable energy, specifically, wind energy development; indicating renewable energy developers must comply with the Renewable Energy Approval (REA) Regulation (O.Reg. 359/09) if they want to develop a renewable energy project; highlighting mandatory requirements to ensure transparent decision-making and opportunities for public participation including consultation with local municipalities, posting of notices and holding of consultation meetings; advising of reviews of existing scientific evidence on the potential health impacts of wind turbines undertaken by Ontario's Chief Medical Officer of Health, undertaking of an independent research project at the University of Waterloo to provide advice on the potential health effects of renewable energy technology, including wind turbines; and the commissioning of noise experts to review scientific literature related to "low frequency noise"; and, advising the Province is playing a leadership role in the development of an audible sound measurement protocol specific to wind facilities to ensure they meet the standards put in place under the REA. Further information is available at http://www.ene.gov.on.ca/environment/en/subject/renewable energy/inde x.htm. Council Meeting Minutes - 11 - July 18, 2011 1 - 14 Ron Collis, Chair, 2011 Clarington Arts & Music Festival, thanking Council for support of the 2011 Clarington Arts & Music Festival which will take place on August 20, 2011, at the Orono Fairground; indicating that the event will feature 12 hours of live entertainment, a family fun zone, a fresh food market and a gallery for over 50 artists and artisans to display their talents; and, hoping members will take part in a promotional exercise to help draw attention to the Clarington Arts & Music Festival. 1 - 16 Gail Faveri, P. Eng., Secretary of the Canadian Section, International St. Lawrence River Board of Control, requesting Council's assistance in publicizing their bi-annual public meeting/teleconference on Tuesday, September 20, 2011, from 7:00 p.m. — 8:30 p.m. in Cornwall. The event will provide information on the water levels and flows of Lake Ontario/St. Lawrence River System and will invite comments and questions from residents on how the current water levels and flows are affecting them. To participate by telephone, call toll free 1-877-413-4814 between 6:45 p.m. and 6;55 p.m. (English access code: 8225560 or French access code: 7333134) or in person at the Ramada Inn, 805 Brookdale Avenue, Cornwall. Meeting material can be downloaded from the Board's website at http://iic.org/conseil board/islrbc/en/activities.htm. 1 - 5 Dan D'Aliesio, Supervisor, Customer Service, Durham Region Transit, writing to Wallace Boughen, thanking him for submitting a petition requesting additional transit services to Newtonville; advising Mr. Boughen that the petition and other Durham Region Transit service enhancement proposals will be included on the Transit Executive Committee Agenda for 2012 budget considerations; and, indicating that Durham Region Transit will continue to do all that they can to deliver the best service possible to their patrons. Resolution #C-355-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item 1 - 5 from Dan D'Aliesio, Supervisor, Customer Service, Durham Region Transit, with respect to a petition requesting bus service to Newtonville, be received for information. "CARRIED" 1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 29, 2011, Regional Council adopted the following resolution pertaining to Porcelain Collection and Recycling Pilot Program: "a) THAT approval be given for the implementation of a porcelain collection and recycling pilot program in the Regional Municipality of Durham; Council Meeting Minutes - 12 - July 18, 2011 b) THAT a Request for Quotations be authorized for the haulage and processing of porcelain fixtures (sinks, toilets, tubs, etc.); c) THAT the implementation of the proposed porcelain collection and recycling pilot program be funded through the 2011 Waste Management Operating Budget; d) THAT the Regional Municipality of Durham coordinate with the City of Oshawa and the Town of Whitby to ensure that porcelain fixtures collected in these Municipalities are also recycled; e) THAT the Finance Department be authorized to execute the contract for haulage and processing and negotiate any necessary amendments to existing collection contracts; and f) THAT a copy of Report No. 2011-WR-9 of the Commissioner of Works be distributed to the Area Municipalities for their information." Resolution #C-356-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the resolution from the Region of Durham, with respect to the Porcelain Collection and Recycling Pilot Program, be received for information. "CARRIED" - 11 Lisa Baker, Chair, Enniskillen School Council, expressing appreciation to Council for the Community Grant received which will be added to the funds raised by the school community to purchase two small climbers for the school's playground. The playground also serves as the sole community park and the neighbours are also pleased to see a commitment to maintaining the park. Resolution #C-357-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 11 from Lisa Baker, Chair, Enniskillen School Council expressing appreciation to Council for the Community Grant, be received for information. "CARRIED" Council Meeting Minutes - 13 - July 18, 2011 1 - 12 Doris Dumais, Director, Approvals Program, Environmental Assessment and Approvals Branch, Ministry of the Environment, forwarding Certificate of Approval #7306-8FDKNX, a multi-media C of A for the Durham-York Energy Centre; indicating that comments received from the Municipality of Clarington and the public were considered by the Ministry as part of the decision; and, advising that further information and an explanation of how the comments were considered is available on the EBR Registry at www.ebr.gov.on.ca under EBR Registry Number 011-2709. Questions and concerns are to be directed to Ian Parrott at 416-314-3636 or at Ian.Parrottp_ontario.ca. Resolution #C-358-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item 1 - 12 from Doris Dumais, Director, Approvals Program, Environmental Assessment and Approvals Branch, Ministry of the Environment, with respect to the Certificate of Approval for the Durham-York Energy Centre, be received for information. "CARRIED" 1 - 15 Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade, writing to Pierre Duhaime, President and CEO, SNC Lavalin, extending congratulations on behalf of the Board of Directors and Membership of the Clarington Board of Trade and Office of Economic Development regarding SNC Lavalin's recent purchase of the nuclear division of Atomic Energy of Canada Limited; indicating that Clarington has been a proud nuclear host community for 30 years and are in full support of the Darlington Refurbishment Project and the New Nuclear Development at Darlington; and, advising the successful execution of the local nuclear projects is very important to the Board of Trade and offering to assist to complete the refurbishment project and bring the New Nuclear Project to Clarington safely, on time and on budget by availing their resources to SNC Lavalin and its supply chain partners. Resolution #C-359-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item 1 - 15 from Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade, be received with thanks; and, Council Meeting Minutes - 14 - July 18, 2011 THAT Mayor Foster send a congratulatory letter, on behalf of Council, to SNC Lavalin on their recent purchase of the nuclear division of Atomic Energy of Canada Limited. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D — 10 was received as a Hand-out. Resolution #C-360-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Items D - 1 to D - 6, be approved as per the Agenda. "CARRIED" D - 1 Cheryl Green, Administrative and Event Facilitator, Diabetes Coordinating Office, Durham Region Diabetes Network, requesting Council to proclaim November 14, 2011, as World Diabetes Day, to assist in educating the public about diabetes and its complications. In support of World Diabetes Day, DRDN will be hosting several events including Durham Diabetes Day on November 5, 2011, a free event providing awareness, education, motivation and support for people in Durham Region living with diabetes. (Proclaimed) D - 2 Kathy Crowhurst, Lupus Foundation of Ontario, requesting the month of October be declared as "Lupus Awareness Month" to advise the public of the Lupus Foundation of Ontario and to increase public awareness of the debilitating impact of lupus; and, requesting the Lupus Flag be flown to allow for visibility and recognition. (Proclaimed and permission granted to fly the Lupus Flag) D - 3 Randy Cowan, Director, Orono Fair Committee, requesting that the Orono Fair to be held on September 8 to 11, 2011, be designated as a community event as required for various permits and to recognize the hard work that is undertaken by the many volunteers that it takes to run such a fair. (Orono Fair to be held September 8, 97 107 and 11, 2011, approved as a community event) Council Meeting Minutes - 15 - July 18, 2011 D - 4 Jennifer Vincelli, Hospital for Sick Children, Division of Haematology/Oncology, requesting that September 16, 2011, be proclaimed as Childhood Cancer Awareness Day to raise public awareness around the issues associated with pediatric cancer. (Proclaimed) D - 5 Lynda Motschenbacher requesting a six-month extension to building permit 10.0211 for construction of a new single family home at 8535 Ormiston Road; indicating that she and her husband are building the house themselves and are currently in the process of sheeting the roof and preparing for the shingles; and, advising that they anticipate occupancy of the new house by March 2012. (Approval granted for a six month extension for the use of temporary living quarters at 8535 Ormiston Road subject to the signing of a further Letter of Undertaking) D - 6 Kelvin Whalen, P.Eng., Vice-President, Land Development, Kaitlin Group, requesting removal of part lot control to exempt Lots 1 to 19 of Plan 40M- 2375 in the Port of Newcastle; advising that due to an oversight between the Kaitlin Group and the previous owners the request was not submitted earlier; indicating that a number of homes are currently slated for closing late July, August and early September and expressing concern that the owners will not be able to take position of their units and will be inconvenienced in their personal circumstances; and, requesting Council to consider enactment of a by-law to allow the completion and closing of the homes within the timeframes expected. (Approval granted for Removal of Part Lot Control with respect to Lots 1 to 19 inclusive of Plan 40M-2375 and the appropriate by-law passed) D - 7 Christine Heffer, advising of the increase in Lyme disease, an infectious disease of endemic proportions in Canada, that suppresses an individual's immune system; indicating the Province lacks adequate and accurate testing, the medical community lacks education on Lyme disease and treatment options are not available in Ontario; and, forwarding for endorsement a copy of a petition submitted to the Legislative Assembly of Ontario by Bob Bailey, MPP Sarnia-Lambton, requesting the Minister of Health to direct the Ontario Public Health system and OHIP to include all currently available scientifically verified tests for Acute and Chronic Lyme diagnosis, to do everything necessary to create public awareness of Lyme Disease in Ontario and to have internationally developed diagnostic and successful treatment protocols available to patients and physicians. Council Meeting Minutes - 16 - July 18, 2011 Resolution #C-361-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 7 from Christine Heffer, with respect to Lyme Disease Petition and Awareness, be received for information and referred to the Region of Durham Health Department. "CARRIED" D - 8 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, expressing concern that the future of the Oak Ridges Moraine Foundation is in jeopardy; indicating that over the past eight years, the Foundation has worked with municipalities and partners in delivering a shared mission to restore headwaters on the Oak Ridges Moraine; advising that requests for renewed investment from the Province of Ontario have been ignored to date with closure looming for the Foundation and termination of its mission for headwaters recovery; and, requesting Council's support through a formal resolution and/or letter to Premier Dalton McGuinty and Minister Jim Bradley for renewed investment of $11 million over four years from the Province to continue to lead the mission for headwaters recovery on the Oak Ridges Moraine. Resolution #C-362-11 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS on March 28, 2011 Clarington Council resolved that the Municipality of Clarington fully supports the application of the Oak Ridges Moraine Foundation to the Province of Ontario for $11 million of funding for policy and monitoring, land restoration, land securement, and education and outreach; WHEREAS on June 30, 2011 and again on July 11, 2011 Kim Gavine the Executive Director of the Oak Ridges Moraine Foundation wrote to Clarington Council to advise that the Foundation was in jeopardy due to the lack of investment by the Province of Ontario The Oak Ridges Moraine Foundation (ORMF) is a non-regulatory governing body meant to complement the goals of the Oak Ridges Moraine Conservation Plan and has undertaken stewardship, education, research, land securement and trail projects on behalf of the province and the municipalities of the Greater Toronto Area; WHEREAS the ORMF has provided in excess of $14 million in grants and leveraged, in collaboration with Moraine partners, an additional $35.8 million in funding for 177 projects; Council Meeting Minutes - 17 - July 18, 2011 WHEREAS the ORMF has provided a valuable role in Durham and Clarington, in particular with funding for 34 stewardship projects in Clarington alone for the benefit of the health of the Moraine and the implementation of Provincial objectives; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington expresses its concern to the Premier of Ontario regarding the Province's retreat from its commitment to protect the Oak Ridges Moraine; AND FURTHER that Clarington supports the call for renewed investment in the Oak Ridges Moraine Foundation of$11 million over four years for funding policy and monitoring activities, land restoration, land securement, and education and outreach; AND that a copy of this resolution be forwarded to the Premier of Ontario Dalton McGuinty, Minister of Municipal Affairs, Rick Bartolucci, Regional Municipality of Durham, Municipalities in Durham Region, MPP John O'Toole, and the Association of Municipalities of Ontario (AMO). "CARRIED" D - 9 Linda Gasser requesting Council to ensure that both the public and Council have the opportunity to review the DurhamNork Incinerator monitoring plans before they are submitted to the Ministry of the Environment; expressing concern that no meeting of the Energy-From- Waste Advisory Committee has been called to date to review the plans as mandated in EA Condition 8.8; requesting Council to make inquiries to the Project Team as to when the EFW AC would review the plans and to inquire as to the status of the development of the Ambient Air Monitoring Plan; indicating that the information needs to come forward in a report for public and Council review, with comments developed in time to be considered by Durham prior to submission to the Ministry of the Environment; and, requesting Council to identify a process that would ensure that Clarington Council reviews the monitoring plans prior to their submission. Resolution #C-363-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Municipality of Clarington write to the Region of Durham requesting that the Region honour the Host Community Agreement commitment with respect to total particulate matter; THAT the Region ensure that both the public and Council have the opportunity to review the DurhamNork Incinerator monitoring plans before they are submitted to the Ministry of the Environment; Council Meeting Minutes - 18 - July 18, 2011 THAT inquiries to the Project Team be made as to when the EFW AC will review the plans and to the status of the development of the Ambient Air Monitoring Plan; THAT the information come forward in a report for public and Council review, with comments developed in time to be considered by Durham Region prior to submission to the Ministry of the Environment; THAT a process be identified that would ensure Clarington Council reviews the monitoring plans prior to their submission; and THAT the Municipality of Clarington request EFWAC meetings be held during the evenings. "MOTION WITHDRAWN LATER IN THE MEETING" (See following motions) Councillor Traill rose on a Point of Order stating that Mayor Foster must ascend the Chair in order to participate in debate. Mayor Foster indicated that he was not required to leave the Chair. Resolution #C-364-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the Ruling of the Chair be challenged. "MOTION LOST" Resolution #C-365-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving advice that is subject to solicitor/client privilege including communications necessary for that purpose. "CARRIED" The meeting resumed in open session at 9:40 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed on procedural matters. Council Meeting Minutes _ 19 - July 18, 2011 Mayor Foster quoted Section 3.3.1 of Council's Procedural By-law with respect to Participation of Chair in Debate. Resolution #C-366-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-363-11 be divided to vote on Paragraph 1 on particulate matter separately. "MOTION LOST" Resolution #C-367-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-363-11 be amended to delete reference to the phrase "as required by the Host Community Agreement" in Paragraph 1 and to delete reference as to when the EFWAC will review the plans in Paragraph 3. "MOTION LOST ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Resolution #C-363-11 was subsequently withdrawn. Resolution #C-368-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Municipality of Clarington write to the Region of Durham and request: a) THAT the Energy-From-Waste facility be operated such that performance condition for total particulate matter (filterable and condensable) is a maximum of 9 mg/Rm3; and Council Meeting Minutes - 20 - July 18, 2011 b) THAT the EFWAC meetings be held in the evening. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster D - 10 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents: • Letter to the Ministry of the Environment dated July 7, 2011, regarding Submission of Ambient Air Monitoring and Reporting Plan • Draft Durham York Residual Waste Study Ambient air Quality Monitoring Plan (June 14, 2011) • Letter to the Ministry of the Environment dated July 7, 2011, regarding Submission of Groundwater and Surface Water Monitoring Plan; and • Draft Durham-York Energy Centre Groundwater and Surface Water Monitoring Plan (July 8, 2011); and advising that copies of the documents are also available on the EFW project website: http//www.durhamyorkwaste.ca/project/efw- committee.htm. Resolution #C-369-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item D - 10 from Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, with respect to the Durham/York Energy from Waste Project, be received for information. "CARRIED" Council Meeting Minutes - 21 - July 18, 2011 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report July 11, 2011. Resolution #C-370-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of July 11, 2011 be approved, with the exception of Items #1(a) and #8. "CARRIED" Item #1 a Resolution #C-371-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-064-11 be received for information. "CARRIED LATER IN THE MEETING" (See following motions) Resolution #C-372-11 Moved by Councillor Traill, seconded by Councillor Neal THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of receiving advice that is subject to solicitor/client privilege including communications necessary for that purpose. "CARRIED" The meeting resumed in open session at 10:27 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Council Meeting Minutes - 22 - July 18, 2011 Resolution #C-373-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C-371-11 be amended to add "THAT any upgrade to the Visitors' Centre not be considered as part of the $9 million cash allowance for architectural treatments as contained the Host Community Agreement." "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Resolution #C-374-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the question be now put. "CARRIED" The foregoing Resolution #C-371-11 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Mayor Foster Council Meeting Minutes - 23 - July 18, 2011 Item #8 Resolution #C-375-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Municipality of Clarington pay the Mill Street Pedestrian Tunnel debt off once the Port Granby money is received. "MOTION LOST" Resolution #C-376-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Report EGD-030-11 be received; THAT the Municipality waive the Purchasing By-law 2010-112 for the construction of the Mill Street Pedestrian Tunnel and associated works to allow Canadian National Railway to complete the project directly due to the complex and time sensitive nature of the work to an upset limit of $4,100,000; THAT a copy of Report EGD-030-11 be forwarded to the Canadian Transport Agency, Transport Canada and the Canadian National Railway; THAT Council express its intent to fund this project including debenture repayments and financing to the extent allowable from future development charges; THAT the Director of Finance be authorized to make application to the Region of Durham for a debenture in the estimated amount of $3,800,000.00 plus debenture costs to finance the balance of the costs of the Mill Street Pedestrian Tunnel; and THAT the Mayor and Clerk be authorized to execute the agreement with the Canadian National Railway in a form satisfactory to the Municipal Solicitor and the Director of Engineering Services. "CARRIED" Resolution #C-377-11 Moved by Councillor Novak, seconded by Councillor Woo THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting continue until 11:30 p.m. "CARRIED" Council Meeting Minutes - 24 - July 18, 2011 STAFF REPORT(S) Confidential Report COD-026-11 - 2010/2011/2012 Agreement Between the Corporation of the Municipality of Clarington and Clarington Professional Fire Fighters Association Resolution #C-378-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Confidential Report COD-026-11 be received; THAT the Memorandum of Settlement attached to Confidential Report COD-026-11 be approved with the effective dates as outlined in the document; THAT Council provide direction on the Association's request to backfill by the end of 2011, the vacant position created with the completion of the secondment for the Maintenance Technician; THAT the Mayor and the Clerk be authorized to execute the Collective Agreement for 2010 to 2012 which incorporates the changes substantially as outlined in the Memorandum of Settlement; and THAT the Association Local 3139 be advised of Council's decisions above and thanked for their participating an contributions in reaching a successful conclusion to the current negotiations. "CARRIED" UNFINISHED BUSINESS Report PSD-062-11 -Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp Resolution #C-379-11 Moved by Councillor Partner, seconded by Councillor Novak THAT Report PSD-062-11 - Application to Amend the Zoning By-law 84-63 Margaret and Wes Knapp, be lifted from the table. "CARRIED" Council Meeting Minutes - 25 - July 18, 2011 Resolution #C-380-11 Moved by Councillor Partner, seconded by Councillor Woo THAT Report PSD-062-11 be received; THAT the application for proposed Zoning By-law Amendment under Section 39 (Temporary Use Provision) of the Planning Act submitted by Wes and Margaret Knapp to permit a small engine repair business in an attached garage to the principal residence for a maximum of three (3) years be refused; and THAT all interested parties listed in Report PSD-062-11 and any delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motion) Resolution #C-381-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-380-11 be amended in Paragraph 2 by replacing the words "for a maximum of three (3) years be refused" with the words "be permitted until September 19, 2011". "CARRIED" The foregoing Resolution #C-380-11 was then put to a vote and CARRIED AS AMENDED. BY-LAWS By-law 2011-080 was received as a Hand-Out. Resolution #C-382-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2011-075 to 2011-080 2011-075 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (R. & E. Sobczak) 2011-076 Being a by-law to exempt a certain portion of Registered Plan 40M-2361 from Part Lot Control Council Meeting Minutes - 26 - July 18, 2011 2011-077 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2011-078 Being a by-law to amend By-law 2004-253 to provide for Civil Marriage Services to be Offered by the Municipality of Clarington 2011-079 Being a by-law to exempt a certain portion of Registered Plan 40M-2375 from Part Lot Control 2011-080 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Wes and Margaret Knapp); 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 Councillor Neal requested that the cables on Trulls Road be hooked to the posts. The Parks Supervisor indicated that they were not the standards. Mayor Foster suggested that Councillor Neal discuss the matter with the Director of Engineering Services and the Director of Operations. Councillor Neal questioned if there was a policy in place regarding how to respond to e-mails received containing inappropriate language. The Municipal Clerk stated that there is a corporate policy in place that addresses staff e-mail. Councillor Neal suggested that a policy be developed regarding external e-mail. Councillor Novak questioned the state of guiderails on Trulls Road. The Director of Engineering Services indicated that any missing posts have been replaced. Councillor Hooper expressed concern that there is only one washroom at Clarington Fields for the soccer fields and the baseball diamonds and suggested that funding be considered in the budget process for additional washrooms. Councillor Partner requested that the washrooms at Newcastle Beach be maintained as they are always overflowing. Council Meeting Minutes - 27 - July 18, 2011 She also issued a reminder that the Orono Antique and Artisans Festival will be held on August 13th from 10:00 a.m. to 4:00 p.m. Mayor Foster indicated that Council is 1/8th through the current term and that in September he will report back on what Council has achieved to date. He thanked Members of Council for their cooperation in advancing the business of the Municipality. CONFIRMING BY-LAW Resolution #C-383-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-081, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 18th day of July, 2011; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-384-11 Moved by Councillor Partner, seconded by Councillor Woo THAT the meeting adjourn at 11:19 p.m. "CARRIED" MAY R UN PA LERK