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HomeMy WebLinkAbout07/04/2011 Council Meeting Minutes J U LY 4, 2011 Minutes of a regular meeting of Council held on July 4, 2011 at 7:00 p.m., in the Council Chambers. Councillor Woo 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 Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication and Marketing, J. Cooke, attended until 7:19 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Item #6 of Report #1. ANNOUNCEMENTS Councillor Novak announced the following events she attended last week: • Brought greetings on behalf of the Municipality to M. J. Hobbs Senior Public School and presented the Mayor's Award at their graduation ceremony • Attended the 407 Open House at the Shiners' Club in Oshawa • Presented bursaries to graduating students at St. Stephen Catholic Secondary School; and • Attended Canada Day Celebrations throughout the municipality. Council Meeting Minutes - 2 - July 4, 2011 Councillor Hooper announced the following events he attended last week: • the M. J. Hobbs Senior Public School graduation ceremony • the Ribbon-cutting ceremony for Broker Lake Insurance in Newcastle • the Emergency and Fire Services first night of training for twelve new part-time recruits; and • Canada Day celebrations at the Bowmanville Museum and the Garnet B. Rickard Recreation Complex. Councillor Woo announced the following: • He attended the Centre for Individual Studies Annual Graduation Ceremonies. • He attended Canada Day Celebrations. • He extended congratulations to the students of The Pines Senior Public School who have set a new Guinness Book of World Records for the most people exercising to a video game. • On July 5, 20117 A Gift of Art will celebrate their grand re-opening at 187 King Avenue in Newcastle, at 7:00 p.m. • On July 9 and 10, 2011, the Newcastle Art Show will take place at the Bondhead Beach Parkette with over 60 artisans displaying and selling their creations. Councillor Traill announced that she attended a Canada Day Parade and barbeque with residents of Wilmot Creek and also attended the celebrations at the Bowmanville Museum. She also expressed appreciation to Councillor Woo for voting at the Regional Council meeting to defer the signing of the Co-Owners' Agreement for the Incinerator project. Councillor Partner announced the following: • On Wednesday morning she cut the ribbon for the new Broker Link Insurance in Newcastle and also attended Canada Day celebrations at the library grounds in Orono where she and Councillor Woo were dunked in the dunk tank as part of the festivities. • On Canada Day she attended the celebrations in both Newcastle and Bowmanville. Mayor Foster announced the following: • He expressed congratulations to all the groups involved in Canada Day Celebrations throughout the Municipality, and in particular to the Courtice Rotary Club for the spectacular event and fireworks display at the Garnet B. Rickard Recreation Complex. • He has had discussions with Provincial staff regarding the Highway 407 East expansion project. Council Meeting Minutes - 3 - July 4, 2011 • On July 6th, he will be attending the groundbreaking ceremony for Ontario Power Generation's refurbishment education centre. • On July 10th the Islamic Centre of Clarington will be holding an Open House. • He attended the Clarke High School Graduation Ceremony. Mayor Foster spoke briefly about a controversial motion adopted by Regional Council on June 29, 2011, referring the DurhamNork Co-Owner's Agreement back to staff. Mayor Foster expressed concern that only three Regional Councillors were permitted to speak to the motion and that 25 Councillors did not have an opportunity to speak, including members of the host community. Resolution #C-327-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held June 20, 2011, be approved. "CARRIED" PRESENTATIONS Mayor Foster presented a mock cheque in the amount of $15,000 from Hydro One's Power Play Program to Shane Blakely, Monty Wheller and Ben Jeffs, Hampton youths, who were instrumental in starting the skateboard park initiative which resulted in the donation from Hydro One. Mayor Foster indicated that this is an excellent example of what can happen when people get involved in their community and expressed appreciation to Hydro One and congratulated the young people for their involvement. Mayor Foster presented Congratulatory Certificates to Erin Vincent, Newcastle Pathfinders for being awarded her Canada Cord, Shannon Vincent, Lacey Biggs and Grace Andrews, 2nd Newcastle Guides on being awarded their Lady Baden Powell Awards, and Stacie Stutt on her retirement from Guiding after 20 years of service. Glenda Gies, Port Darlington Community Association, Co-Chair, St Marys Community Relations Committee, addressed Council to highlight the Committee's activities during 2010. Ms. Gies indicated the Committee was established by Council approximately 15 years ago to provide a forum for dialogue and relationship-building between the community and St Marys Cement and to provide an opportunity for St Marys to report on their progress implementing the Westside Marsh Reconfiguration Plan. She stated the Committee meets four times per year to discuss dock operations, dust releases, stack emissions, ground vibrations and community complaints noting information considered in 2010 has been summarized in the Annual Report. Ms. Gies stated she is one of three residents of the lakeshore who have been appointed by Port Darlington Community Association and their representatives attend the meetings and review the operating data. Council Meeting Minutes - 4 - July 4, 2011 Ms. Gies advised that over the years, the Committee has had representatives from the Aspen Springs Community Association and the Wilmot Creek Residents Association; however, although they were invited to participate in the Committee, they have declined to send representatives. Ms. Gies stated the Port Darlington Community Association will continue to attend meetings, but she feels the Committee effectiveness would be improved if there were more community participation and urged Council to solicit other community representatives. Ms. Gies introduced Ruben Plaza, Environmental Manager to present details of St Marys Cement operations. Through use of a PowerPoint presentation, Mr. Plaza reviewed the West Side Marsh project, a 25.7 hectare of land transferred to the Central Lake Ontario Conservation Area's control and designated as a conservation area in 2006. Mr. Plaza stated St Marys has invested $9.4 million in the project which provides habitat to over 250 species of birds and rare plants and provides a unique habitat for migratory birds, amphibians, fish and small mammals. Mr. Plaza reviewed environmental performance including ISO 14001 and Energy Certification and highlighted Environmental Awards such as the PCA Chairman's Performance Safety Award, which is given to the top five companies in North America, the PCA Environmental Award 2007/2008 for the reduction of emissions and the marsh project and the 2007 CIPEC Energy Leadership Award (NRCan), noting St Marys is listed by the Ministry as one of ten companies that are making a difference. Mr. Plaza reviewed SO2 and NOx emissions, noting the company was over their allowances in 2010, but below Ministry of the Environment limits for the period 2006 to 2010. Mr. Plaza introduced Michael Smith, Mining Manager, who reviewed an aerial photo of the quarry and the plant. Mr. Smith indicated St Marys monitors both ground vibration and air vibration as part of the monitoring process. He noted in 2010, there was one ground vibration which exceeded the Provincial standard guideline in September and one exceedence of air vibration limits in January. He indicated St Marys has responded to these exceedences by changing the method in which blasts are detonated which has provided good results. He noted the company tracks community complaints for blasting, dust and plume and that the majority of complaints received related to blasting in December. Mr. Smith indicated that the company received an abnormally high number of complaints during the holiday season, and that this year they will not blast during that time period. Mr. Smith highlighted the 2011 outlook stating St Marys continues to be commitment to reducing stack emissions for NOX an SOX, to maintaining and improving mining blasting to reduce exceedences and to improve their relationship with neighbours. The company is also continuing to work with local charities and will continue to share their facility with their neighbours through their Annual Open Houses. Mr. Smith highlighted various committee initiatives and sponsorships that benefit the community. He also advised of the success of this year's Open House where approximately 1100 visitors toured the plant and quarry. Mr. Smith thanked Council for allowing St Marys to provide an Annual Update. Mr. Plaza introduced Martin Vroegh, Wilson Little and Fabio Garcia, St Marys staff who were also in attendance this evening. Council Meeting Minutes - 5 - July 4, 2011 DELEGATIONS Libby Racansky addressed Council concerning Item 8 of Report # 1 — Report PSD- 060-11 —Authorization to Execute Subdivision Agreement — Claret Investments Draft Approved Plan of Subdivision 18T-94027. Ms. Racansky expressed concern with the impacts on the ecosystem and neighbourhood resulting from the development of the two plans of subdivision and questioned how the wetland, Area of Natural and Scientific Interest (ANSI), with the only stream left in the neighbourhood, would not be affected by sewer, water, storm sewer and a pathway bisecting right through it. Ms. Racansky stated that on June 16th a petition signed by approximately 100 area residents was submitted for the protection of two wetlands which was referred to staff noting that one wetland has been cleared of trees. Ms. Racansky referenced an Ontario Municipal Board decision indicating that there should be appropriate measures to protect the lands adjacent to the two plans of subdivision but that the wetland in question is not adjacent to the approved lands and it needs more protection. Ms. Racansky stated all conditions of the Ontario Municipal Board Decision should be complied with, not just Condition #29. Ms. Racansky proposed mitigation measures to offset negative effects of development and to prevent further damage. Suggestions included reversing the housing line with the road located right at the wetland which would not affect the number of units, tunneling the services rather than removing the vegetation, building an overpass over the wetland for residents walking to the Park, not extending George Reynolds Drive, providing compensation for clearing and removal of endangered species and creating a new wetland in the park where cedars from the Headgate development could be used. Ms. Racansky urged Council to ensure responsible and sustainable development occurs and not to leave these matters up to developers, as there will be no turning back once the damage is done. Richard Lyall, President, Residential Construction Council of Ontario (RESCON) and Andy Manahan, Executive Director, Residential and Civil Construction Alliance of Ontario (RCCAO) addressed Council concerning Item D — 7 - Consequences of Rising Government-Imposed Costs on Housing Affordability. Mr. Lyall distributed a brochure entitled "Reducing Hidden Housing Costs" — Making Home Ownership Affordable for Working Families. He stated RESCON and RCCAO share the concern that the construction industry is getting to the point where they can't build homes for working families because government-imposed costs are driving up the cost of building and buying new homes. He noted that while incomes have not increased, housing costs have doubled and tripled making home ownership increasingly out of reach for Ontario's working families. Mr. Lyall stated the organizations feel that the trend of historically low interest rates will not continue indefinitely and when rates increase, they will have serious consequences and tremendous implications for economic development and growth. Mr. Lyall stated that these costs need to be brought under control and an investigation carried out as to where savings can be found. Mr. Lyall confirmed that they have a meeting scheduled with the Minister of Housing who has requested input on how to address these cost factors. Council Meeting Minutes - 6 - July 4, 2011 Mr. Manahan addressed the report "Alternatives to Development Charges for Growth Related Capital Costs" indicating that the document was prepared by Professor David Amborski from Ryerson University who was strictly commissioned for providing advice. He compared the housing inflation index over the past decade with the spike in development charges and while he concurred that growth should pay for growth; he indicated that there were some areas that have room for innovation. Mr. Manahan stated the organizations were not here to criticize but that they want to work with the industry, municipalities and the Association of Municipalities of Ontario with respect to the development charges. Karen McArthur addressed Council concerning Item 2 of Report #1 —Amendments to Noise By-law. Ms. McArthur quoted a federal government study indicating that "Noise is more than a nuisance since it constitutes a real and present danger to people's health" and that studies are continuing to bring forth increasingly strong and frightening evidence that this is true. Ms. McArthur expressed concern that the recent noise testing undertaken by Paul Young for the Orono Gun Club would not fulfill the requirements of a proper noise test because it did not use the "Predictable Worst Case Impact". Ms. McArthur stated that residents disagree with using 70db as the upper limit because it is too loud and that if decibel levels are to be used as the criteria for the bylaw, the level of 50db be used as the upper limit. She stated anything higher still leaves residents' health and enjoyment of their homes at great risk. She stated the current noise from the gun club causes negative reactions in children and stress to residents who must move indoors, shut windows, insert ear plugs, stop entertaining and also worry about the devaluation of their property. Ms. McArthur provided a comparison between the membership and logistics of the Orono Gun Club to the Union Gun Club, noting the Orono Gun Club has more members and operates on a smaller piece of property closer to a community with no sound berms. She expressed concern that the by-law does not address the increased frequency of shooting. Ms. McArthur urged Council to ensure that a 50db upper limit be imposed, that the Orono Gun Club consult with an expert in sound abatement to ensure that any sound berm built be in the proper location and properly designed and constructed and that municipal staff oversee the project, that the by-law be based on the Ontario Environmental Protection Act , that the Orono Gun Club be required to return to the long-established pattern of club members shooting twice a week, that outside groups seek more appropriate locations and that residents be provided with an accurate and complete list of all days shooting will occur and advised of changes in a timely fashion and that the By-law be effective September 1, 2011. Ms. McArthur stated that the Orono Gun Club, in a letter dated August 27, 2008, had indicated that they were prepared to construct berms but noted that the correspondence does not mention that construction would be conditional on the Club being able to purchase the road allowance from the municipality. She expressed concern that it has been three years and no berms have been built. Ms. McArthur urged Council to protect the rights of the Leskard community. Ms. McArthur submitted a written copy of her delegation. Greg Farrant, Ontario Federation of Anglers and Hunters was called but was not in attendance. Council Meeting Minutes - 7 - July 4, 2011 Resolution #C-328-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Council recess for 10 minutes. ,,CARRIED" The meeting reconvened at 8:50 p.m. Resolution #C-329-11 Moved by Councillor Woo, seconded by Councillor Novak THAT the Order of the Agenda be altered to consider Item #2 of Report #1 at this time. "CARRIED" COMMITTEE REPORT(S) Item #2 Resolution #C-330-11 Moved by Councillor Partner, seconded by Councillor Novak THAT Report CLD-017-11 be received; THAT the amendment to the Noise By-law attached to Report CLD-017-11 be forwarded to Council for approval; THAT the interested parties listed in Report CLD-017-11 be advised of Council's actions; THAT the shooting clubs, area residents and staff communicate on how they can move forward on this matter to meet the limits as set forth in the proposed draft by-law in items 1 and 2 with an effective date of November 1, 2011; THAT reference to The Marksmen Gun Club, section 3.1(c) of the proposed by-law, be deleted; and THAT Section 3.0 be deleted from the proposed by-law. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motions) Council Meeting Minutes - 8 - July 4, 2011 Resolution #C-331-11 Moved by Councillor Partner, seconded by Councillor Novak THAT the foregoing Resolution #C-330-11 be amended by adding: THAT all approved indoor shooting ranges be exempt from the curfew. "CARRIED" Resolution #C-332-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the foregoing Resolution #C-330-11 be further amended in the fourth paragraph by adding the words "law enforcement agencies" after the words "shooting clubs", replacing the effective date of the by-law from November 1, 2011, to the September 19, 2011. CARRIED LATER IN THE MEETING (See following motions) Resolution #C-333-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow Members of Council to speak to the matter more than once. CARRIED The foregoing Resolution #C-332-11 was then put to a vote and CARRIED. Resolution #C-334-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the foregoing Resolution #C-330-11 be further amended as follows: THAT Section 3.3.3 of the proposed by-law be amended by deleting the word "Council" in the first and last lines and replacing it with the words "appropriate staff." CARRIED The foregoing Resolution #C-330-11 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 9 - July 4, 2011 COMMUNICATIONS Resolution #C-335-11 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 - 7 and I - 12. "CARRIED" 1 - 1 Minutes of the Newcastle Memorial Arena Management Board dated May 10, 2011 1 - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 14, 2011 1 - 3 Minutes of the Clarington Agricultural Advisory Committee dated June 9, 2011 1 - 4 Minutes of the Clarington Museums and Archives Board dated May 11, 2011 1 - 5 Minutes of the Central Lake Ontario Conservation Authority dated June 21, 2011, Central Lake Ontario Source Protection Authority dated June 21, 2011 and Central Lake Ontario Conservation Fund dated June 21, 2011 1 - 6 Minutes of the Clarington Accessibility Advisory Committee dated June 1, 2011 1 - 8 Linda Gasser writing to Ray Benns, Chair, Ganaraska Region Conservation Authority (GRCA), expressing concern with the approval of a permit application to dump fill at Morgans Road in Clarington; suggesting that a process be implemented to ensure that the affected municipality is advised of permit applications and be permitted to review and comment; suggesting that the GRCA closely monitor the fill operation on Morgans Road to ensure that no fill activity continues after the current permit expires June 30th; encouraging the GRCA Board to direct staff to ensure they have sought status at the Environmental Tribunal Review Hearing on July 13th regarding the new permit application; suggesting that the GRCA staff and Board monitor any draft by-law developed by the Region to address commercial fill dumping; and, requesting to be advised of the Board's decision on the Morgans Road dumping and any decision on the new permit for that site. Council Meeting Minutes _ 10 - July 4, 2011 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Wilkinson, Minister of the Environment, advising that on June 8, 2011, Regional Council adopted the following resolution pertaining to an update on the Source Water Protection Planning Process Affecting Durham: "a) THAT the Ministry of the Environment (MOE) be requested to: i) ensure that policies within the source protection plans are consistent across source protection regions; and ii) continue funding of the source water protection program including: 1. additional research and modelling by the Lake Ontario Collaborative to support emergency management related to spills; and 2. the research, implementation and enforcement of the source protection plans; b) THAT staff be directed to continue discussions with the Province to review funding opportunities for Durham Region and the local municipalities to implement improvements to source water contributaries; and c) THAT a copy of Joint Report No. 2011-J-27 of the Commissioners of Finance, Health, Planning and Economic Development, and Works be forwarded to the Association of Municipalities of Ontario, the Durham source protection authorities, the Great Lakes — St. Lawrence Cities Initiative and the eight local area municipalities for information." 1 - 10 Blair Labelle, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on June 13, 2011, the Town of Ajax adopted the following resolution pertaining to Durham Economic Development Partnership Committee (DEDPC): "THAT the report on the Durham Economic Development Partnership Committee be received for information; and THAT the report be circulated to the Clerks of the Region of Durham Municipalities." Council Meeting Minutes - 11 - July 4, 2011 1 - 11 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding a copy of the Amended Durham/York Energy from Waste Complaint Protocol for Design, Construction and Operations (June 20, 2011); and, advising that the document is also available on line at http://www.durhamyorkwaste.ca/project/whats new.htm and http://www.durhamyorkwaste.ca/project/project doc.htm. 1 - 7 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, writing to the Honourable Joe Oliver, Minister of Natural Resources and to the Honourable Peter Kent, Minister of Environment, assuring the Federal government that the Region of Durham is an informed and willing host for the proposed Darlington Nuclear Generation Project; indicating however, that Regional Council strongly opposes a facility design that includes cooling towers due to the significant visual impact on the community, the negative environmental impacts including soil excavation and the vehicle air emissions, noise and dust that will be created; advising that the lake- based cooling system is associated with CANDU reactors and is used in current nuclear generating facilities, and from an economic development perspective it is the Region's preference to use Canadian technology; and, urging the government to approve the Darlington New Nuclear Project with the condition that the plant design should not include cooling towers. The correspondence also indicates that an updated Nuclear Liability Act is a high priority for Durham Region and he trusts that the revised Act will be passed expeditiously. Resolution #C-336-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item I — 7 from Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, with respect to the Proposed Nuclear Generation Project in Durham Region, be endorsed. "CARRIED" Council Meeting Minutes - 12 - July 4, 2011 1 - 12 Linda Gasser forwarding a copy of her delegation comments to the Regional Works Committee on June 15, 2011, regarding the Durham Incinerator Project Update, a copy of the January 2011 York Region Staff Report and a copy of a memorandum dated November 23, 2010 from Jim McKay, HDR regarding the EA Conditions of Approval and Requirements to Ensure Compliance. Ms. Gasser expressed concern that no risk assessment or medical review has been done on the increased emissions as now shown in the Certificate of Approval, that Regional staff is petitioning the Ministry of the Environment to amend EA conditions regarding the submission of monitoring plans which were required to be submitted at specific points before start of construction to one month following approval of the C of A, and that the EFWAC is not operating in a manner consistent with the Minister's condition. She is requesting staff to prepare a written update report for the June 29th Regional Council meeting regarding the project including estimated costs to address more stringent EA conditions than expected, timing of development and content of monitoring plans including estimated costs, and to require staff to demonstrate how their operation of the EFWAC meets Condition 8 including external legal counsel's billing; and, that Dr. Kyle be requested to advise Council on who would conduct an updated health risk assessment on the increased emissions in the C of A ESDM report and corrected data in the risk assessment, who he would recommend to do a qualified medical review of the potential health impacts and what steps will be taken to ensure this is done prior to the Ministry of the Environment rendering a decision on the C of A application. Resolution #C-337-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item I — 12 from Linda Gasser, with respect to the Durham Incinerator Project Update, be referred to staff. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-338-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Items D - 1 and D - 3 be approved as per the agenda. "CARRIED" Council Meeting Minutes - 13 - July 4, 2011 D - 1 Barb Lempen-Pecman requesting to hold a fireworks display on Saturday, July 9, 2011, (rain date of July 16, 2011) at 845 Arthur Street in Newcastle as part of a family get-together with relatives from Switzerland and Canada. (Approved provided the organizers obtain a fireworks permit from the Municipal Law Enforcement Division) D - 3 Donald G. Duthie, CD, Major (Ret), Sponsoring Committee Chairman, 172 Clarington Squadron Royal Canadian Air Cadets requesting permission to hold Tag Days from Thursday to Sunday, September 29 to October 2, 2011 in and around the Clarington Area to allow the Squadron to raise funds to finance activities such as weekend exercises, citizenship tours or trips to museums which are not funded by sponsors of the Department of National Defense. (Tag Days approved for the 172 Clarington Squadron Royal Canadian Air Cadets from September 29 to October 2, 2011) D - 2 John Witheridge, Chair, Clarington Museums and Archives Board, requesting the transfer of funds from the Bowmanville Museum Reserve Funds into the Operating Accounts for Clarington Museums and Archives to cover improvements to the Sarah Jane Williams Heritage Centre. The transfer will reimburse the Operating Accounts of the Clarington Museums and Archives for past expenses that were intended to be covered through the museum reserve accounts and is a one time, unique event. Resolution #C-339-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the transfer of $29,634.54 from the Bowmanville Museum Reserve Fund to the Operating Accounts for Clarington Museum and Archives to cover the costs of building improvements to the Sarah Jane Williams Heritage Centre be approved. "CARRIED" D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 8, 2011, Regional Council adopted the following resolution pertaining to Provincial Offences Court Services — Shortage of Judicial Resources: "a) THAT the Region of Durham requests: Council Meeting Minutes - 14 - July 4, 2011 i) the Attorney General immediately appoint sufficient Justices of the Peace in the Central East Region to resolve the shortage; ii) the Attorney General work with Ontario's Minister of Finance to identify new resources to address the Justice of the Peace shortage in the Provincial Budget; iii) the Province assign per diem Justices of the Peace from other jurisdictions to Durham until full-time justices can be appointed and assigned; iv) the Attorney General develop a replacement/succession strategy for future Justice of the Peace retirements so that further shortages do not continue to occur; and v) the foregoing recommendations be forwarded to the area municipalities with a request that they endorse them; and b) THAT a copy of this resolution be forwarded to the Premier, the Attorney General, the Minister of Municipal Affairs and Housing, the Minister of Community Safety, the Association of Municipalities of Ontario (AMO) and the Municipal Section of the Ontario Bar Association, Chief Justice Annemarie E. Bonkalo and Associate Chief Justice/Coordinator of the Justices of the Peace John A. Payne, the Ontario Court of Justice, Ontario Association of Chiefs of Police, Municipal Court Managers' Association, Prosecutors' Association of Ontario and Durham MPP's." Resolution #C-340-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Regional Municipality of Durham, with respect to Provincial Offences Court Services — Shortage of Judicial Resources, be endorsed. "CARRIED" D - 5 Jay Fox, President, Fox Family RoadRacing, Alberta Mini Roadracing Association, requesting permission for the Canadian Royal Snowbirds to perform a 500' flat fly-by at Mosport International Raceway on Sunday, August 21, 2011, at 11:00 a.m. The correspondence indicates that the request is a formality and a common courtesy the Snowbirds ask for at every event. Council Meeting Minutes - 15 - July 4, 2011 Resolution #C-341-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Correspondence Item D — 5 from Jay Fox, President, Fox Family RoadRacing, Alberta Mini Roadracing Association, with respect to a Canadian Royal Snowbirds fly-by, be endorsed, provided the neighbours are made aware of the event. "CARRIED" D - 6 Ralph Tukker, Chair, Board of Directors, BFM (Bowmanville) Enterprises Society, expressing concern with unsellable items and furniture being left on their property when the store is closed; advising that the thrift store has no option but to take these items to the Regional Waste Disposal Site using their energy, gas, time and money; and, requesting the Municipality's assistance in either providing the thrift store with a "pass" to be used at the Regional Waste Disposal Site which would exempt them from the dumping fee, or requesting approval from Durham Region Waste Management to permit the thrift store to occasionally put out larger items with their weekly garbage pickup. Resolution #C-342-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D — 6 from Ralph Tukker, Chair, Board of Directors, BFM (Bowmanville) Enterprises Society, with respect to problems with illegal dumping of unsellable items, be referred to staff of the Durham Regional Works Department and to Municipal staff. "CARRIED" D - 7 Richard Lyall, President, Residential Construction Council of Ontario (RCCAO), and Andy Manahan, Executive Director, Residential and Civil Construction Alliance of Ontario (RESCON), expressing concern with respect to increased fees, charges and regulatory costs which add significantly to the cost of new housing in Ontario; advising of two studies commissioned by RCCAO and RESCON which have revealed that provincial and municipal governments have fuelled much of these increases; indicating that alternative funding models and new approaches are required in order to stem the rapid rise in costs and mitigate the unfair burden on housing consumers; Council Meeting Minutes - 16 - July 4, 2011 and, requesting to discuss the findings of these reports and to begin dialogue with Durham municipalities and others on solutions that are necessary to build and sustain a stronger foundation for economic growth through Ontario's construction and building sector. Resolution #C-343-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item D — 7 from Richard Lyall, President, Residential Construction Council of Ontario (RCCAO), and Andy Manahan, Executive Director, Residential and Civil Construction Alliance of Ontario (RESCON), with respect to consequences of rising Government-imposed costs on housing affordability, be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report June 27, 2011. Resolution #C-344-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 27, 2011 be approved, with the exception of Items #6, #8, #14, and #17. "CARRIED" Councillor Neal stated a pecuniary interest with respect to Item #6 of Report #1 as he has previously represented Mr. Veltri and left the Council Chambers during discussion and voting on this matter. Item #6 Resolution #C-345-11 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-058-11 be received; THAT the proposed Amendment to Conditions of Draft Approval for Draft Approved Plan of Subdivision 18T-89048 to delete the requirement for a pedestrian connection, as contained in Attachment 3 of Report PSD-05-11 be approved; and Council Meeting Minutes - 17 - July 4, 2011 THAT the Region of Durham, Kawartha Pine Ridge District School Board, and the interested parties listed in Report PSD-058-11 be advised of Council's decision. "CARRIED" Councillor Neal returned to the meeting. Item #8 Resolution #C-346-11 Moved by Councillor Neal, seconded by Councillor Woo THAT Report PSD-060-11 be received; and THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement with the Owner of the lands subject to Draft Plan of Subdivision 18T-94027. "CARRIED" Item #14 Resolution #C-347-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report CAO-005-11 be referred to the 2012 budget discussions. "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 Council Meeting Minutes - 18 - July 4, 2011 Item #17 Resolution #C-348-11 Moved by Councillor Traill, seconded by Councillor Neal THAT Resolution #CGPA-13-11 passed in Closed Session be ratified. "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 STAFF REPORT(S) UNFINISHED BUSINESS Resolution #C-349-11 Moved by Councillor Novak, seconded by Councillor Woo THAT the presentation of Glenda Gies, Port Darlington Community Association, Co-Chair, St Marys Community Relations Committee, Reuben Plaza, Environmental Manager and Michael Smith, Mining Manager, St Marys Cement, be received with thanks. "CARRIED" BY-LAWS Resolution #C-350-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2011-067 to 2011-073 2011-067 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1804603 Ontario Inc.) Council Meeting Minutes _ 19 - July 4, 2011 2011-068 Being a by-law to amend Noise By-law 2007-071 2011-069 Being a by-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2011-070 Being a by-law to stop up and close and to authorize the conveyance of a road allowance 2011-071 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Developments Inc.) 2011-072 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ontario Power Generation Inc.) 2011-073 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-94027 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-94027 and required external servicing; 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 Woo indicated that Canadian National Railway will be undertaking tie replacement on the Kingston subdivision corridor to maintain safe and efficient infrastructure. Work on Port Darlington Road South will be completed on July 12th between 9:00 p.m. and 7:00 a.m. noting that traffic may be required to use Bennett Road or Waverley Road. There will also be some work done on Lakeshore Road between Jaynes Road and Newtonville Road and Darlington Park Road. Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. Council Meeting Minutes - 20 - July 4, 2011 CONFIRMING BY-LAW Resolution #C-351-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-074, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4t" day of July, 2011; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-352-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 10:17 p.m. "CARRIED„ YO M I L E R K