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Council Meeting Minutes
NOVEMBER 7, 2011
Minutes of a regular meeting of Council held on November 7, 2011 at 7:00 p.m., in the
Council Chambers.
Prior to the start of the meeting, two minutes of silence were observed to
commemorate Remembrance Day, November 11, 2011.
Councillor Traill 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
Manager of Internal Audit, C. Carr
Director of Planning Services, D. Crome
Director of Corporate Services and Human Resources,
M. Marano
Supervisor, Operations Administration, C. Peters
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 announced the following:
On November 1, 2011 Durham Region and the eight area municipalities held a
Municipal Control Group Training Exercise as part of the annual requirements of
the Provincial Emergency Management Regulation. The joint exercise provided
an opportunity to discuss and evaluate emergency management planning,
operations and coordination. Councillor Novak was pleased to note that staff has
the tools to ensure the municipality is well prepared in the event of an emergency.
Council Meeting Minutes - 2 - November 7, 2011
She attended the grand opening of the new Winners Store on Highway #2. There
were approximately 300 people lined up for the opening.
She brought greetings on behalf of the Municipality to the graduating students
from Courtice Secondary School Class of 2011.
Councillor Hooper announced the following:
th
This past week he participated in the End of Day Celebration for the 25
Anniversary of the Rick Hansen Man in Motion Tour at the Garnet B. Rickard
Recreation Complex. Councillor Hooper spoke with Marshall Hohmann,
Bowmanville’s official representative, who gave a very inspiring speech.
Councillor Hooper extended appreciation to staff for their efforts in making the
event such a success.
On Saturday, he attended the funeral of Steve Richardson, Clarington Firefighter
and expressed condolences to his family.
He attended Armistice Day Services in Tyrone and Orono and issued a reminder
of the Remembrance Day Service to be held at the Bowmanville Cenotaph on
th
Friday, November 11 starting at 10:30 a.m.
On November 8, 2011, the Clarington Older Adult Association (COAA) will be
holding a Remembrance Day Luncheon at 11:00 a.m.
On November 12, 2011, the COAA will host a Dessert and Theatre Night
presenting “Old Wives Tales”.
On Wednesday, November 9, 2011, the Clarington Girls Hockey Midget AA team
will be playing an Olympic Touring Team from China.
Councillor Woo announced the following:
On Saturday, November 5, 2011, Big Brothers and Sisters of Clarington held their
th
14 Annual Red Carpet Gala supporting Big Brothers and Sisters’ mentoring
programs, couples match and after-school programs.
On December 2, 2011, there will be a presentation at the Pines Senior Public
School for students who participated in the most people exercising to a video
game which has been authenticated by the Guinness Book of World Records.
Councillor Partner announced that she had attended the following events:
th
The End of Day Celebration for the 25 Anniversary of the Rick Hansen Man in
Motion Tour at the Garnet B. Rickard Recreation Complex
Remembrance Day services in Newtonville, Tyrone and Orono
The Jackie Kent Shopping Extravaganza Fundraising Event where $1,900 was
raised in support of the Newcastle Heritage Garden Project
The St. Saviour’s Anglican Church Annual Bazaar
Armistice Dinner in Bowmanville on November 5, 2011
Council Meeting Minutes - 3 - November 7, 2011
Mayor Foster announced the following:
He was sporting the Whitby Wolves hockey jersey tonight as he lost a friendly
wager with Mayor Pat Perkins of Whitby. The Whitby Wolves received more
points than the Clarington Flames at their one day hockey tournament.
He attended the Armistice Dinner in Bowmanville
th
November 7 to November 11 is “Crime Prevention Week” with a display at the
Bowmanville Mall
th
He attended the End of Day Celebration for the 25 Anniversary of the
Rick Hansen Man in Motion Tour at the Garnet B. Rickard Recreation Complex
th
On November 9, the Chinese Women’s Olympic Hockey Team will be playing at
the Garnet B. Rickard Recreation Complex.
November 14 to November 18 is “Anti-Bullying Week”. He urged all to wear pink
th
on November 18 to raise awareness.
Resolution #C-464-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held October 24, 2011, be
approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Resolution #C-465-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Agenda be altered to permit Jim Richards to address Council concerning
Correspondence Item D – 4 - Heather Olynyk – Request for Apology immediately
following his delegation regarding Item 9 of Report #1 - Report CLD-027-11 –
Proposed Nuisance By-law.
“CARRIED”
Council Meeting Minutes - 4 - November 7, 2011
Resolution #C-466-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Rules of Procedure be suspended to permit Dan Worrall, President,
Clarington Fire Fighters Association, to be added to the list of delegations.
“MOTION LOST”
Jim Richards addressed Council concerning Item 9 of Report #1 - Report CLD-027-11
– Proposed Nuisance By-law. Mr. Richards indicated that he was appalled at both the
tone and substance of the by-law and that it seemed to be redundant as most of what
is proposed is already covered by existing by-laws and Provincial Acts. Mr. Richards
acknowledged that while he appreciates the rationale for the police to be able to act
more swiftly to items covered under municipal by-laws as opposed to other legislation,
he expressed concern that the proposed by-law covers activity deemed to be
“annoying”, “unpleasant” or which constitutes a “nuisance”. Mr. Richards is concerned
that what construes a “nuisance”, an “annoyance” or “unpleasant” is open to
interpretation. He also feels that the by-law could be used to prohibit lawful protests
or demonstrations. Mr. Richards feels that the by-law will be challenged in court if it is
enacted as written.
Jim Richards addressed Council concerning Correspondence Item D – 4 –
Heather Olynyk – Request for Apology. Mr. Richards provided a synopsis of an e-mail
sent from Heather Olynyk to Mayor Foster in which Ms. Olynyk alleges that
Mayor Foster was seen in the company of Roger Anderson, Chair, Regional
Municipality of Durham, either arriving or departing Toronto Airport on a private jet on
or about October 2, 2011, questioning where he was going and who paid for the trip.
Mr. Richards expressed concern that Mayor Foster’s reply did not respond to
Ms. Olynyk’s inquiry, was intimidating in nature and was copied to the Durham
Regional Police Service. Mr. Richards questioned whether the Mayor’s action in
forwarding the e-mail was a breach of the Municipal Freedom of Information and
Protection of Privacy Act. He requested Mayor Foster to provide an explanation
regarding the nature of the trip and associated costs. Mr. Richards also expressed
concern that other Councillors also felt justified in forwarding Ms. Olynyk’s e-mail to
the police. Mr. Richards feels that the manner in which the inquiry was handled was
inappropriate and that Ms. Olynyk deserves an apology.
Gord Lee addressed Council on behalf of the Foster Creek Subdivision and the
Newcastle/Bond Head Ratepayers Association concerning Items 1(a) and 8 of
Report #1 - Report ESD-015-11 - Newcastle Fire Hall #2 – Relocation and
Construction and Phase II Environmental Assessment– 3333 Highway 2, Newcastle.
Mr. Lee thanked Council for providing him with the opportunity to critique the report
stating he feels that the Municipality is in good hands with Council and staff and that
they will listen, discuss their concerns, and act in good faith.
Council Meeting Minutes - 5 - November 7, 2011
Mr. Lee suggested that the list of interested parties should make reference to all of the
people of the Foster Creek Subdivision and that they have received two letters from
the Newcastle/Bond Head Ratepayers Association indicating their displeasure with the
Ruddell Road site. Mr. Lee stated the site was not purchased for a Fire Hall but to
expand recreational facilities. He stated that aside from traffic concerns, they feel that
the Fire Department is being shortsighted in a rush to accommodate a need without
anticipating what emergency and protective services will be required as the population
of Newcastle grows. He questioned whether a fire hall will need to be constructed on
Bragg Road (as has been identified for the future) if this Fire Hall is constructed in the
right location. Mr. Lee indicated that the Community Services Department already has
a plan for the Rudell Road location. He expressed concern regarding increased
traffic flow and safety matters emphasizing the residents of Foster Creek South
Subdivision and the Newcastle/Bond Head Ratepayers’ Association are emphatically
against this location. Mr. Lee questioned why the costs of studies are being charged
to the fire hall when they would have to be done whether the fire station is built or the
land sold. He stated that discussion should take place on what costs could potentially
be deferred and that funds could be better spent on a strategically placed Fire Hall on
Highway #2. Mr. Lee indicated that one of the reasons the fire hall is being relocated
is due to complaints from residents. He expressed concern that there seems to be a
lot of attention being paid to residents on Harmer Drive and not much to the 300
residents who signed the petition to have the fire hall constructed on Highway #2. Mr.
Lee urged Council to make the right decision.
Mayor Foster recognized Cathy Abraham, Trustee, Kawartha Pine Ridge District
School Board, in attendance this evening.
Heather Olynyk advised prior to the meeting that she would not be addressing
Council.
Barry Dutton addressed Council concerning Correspondence Item D – 4 –
Heather Olynyk – Request for Apology. Mr. Dutton concurred with the delegation of
Jim Richards. He stated that public servants answer to the taxpayers and that a
number of elected officials ran on a platform of transparency and accountability.
Mr.Dutton stated the Mayor of a municipality is not a six-day per week job and feels
that taxpayers have the right to answers and that name-calling by politicians
marginalizes residents.
Paul-André Larose addressed Council concerning Item 9 of Report #1 - Report
CLD-027-11 – Proposed Nuisance By-law. Dr. Larose expressed concern that the
proposed by-law fails to distinguish between unacceptable gatherings and actions of
the less desirable elements of humanity and the acceptable gatherings and actions
associated with a healthy democracy. He feels the proposed by-law should not be
worded such that makes it possible to restrict legitimate protests that could be
perceived as personally offensive or politically expedient. Dr. Larose stated that the
word “nuisance” in the context of the by-law, should be explicitly restricted to mean
“socially reprehensible behaviours” and that the by-law be amended to reflect that.
Council Meeting Minutes - 6 - November 7, 2011
He also suggested that the list of interpretations and prohibited activities be amended
and that a new section be included entitled “Scope and Extent” to indicate that no
provision of the By-law is intended to intimidate people in the pursuit of democratic
activities or in the expression of their displeasure vis-à-vis the conduct of elected
officials or to bar peaceful, but possible vocal, assemblies and freedom of expression
and to indicate that the by-law is consistent with the Charter of Rights and Freedoms.
Resolution #C-467-11
Moved by Councillor Partner, seconded by Councillor Neal
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 8:36 p.m.
COMMUNICATIONS
Resolution #C-468-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the communications to be received for information be approved, with the
exception of Correspondence Item I - 7.
“CARRIED”
I - 1 Minutes of the Clarington Heritage Committee dated September 20, 2011
I - 2 Minutes of the Ganaraska Region Conservation Authority dated
September 15, 2011
I - 3 Minutes of the Tyrone Community Centre Board dated September 2011
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated October
18, 2011
I - 5 Minutes of the Clarington Agricultural Advisory Committee dated October
13, 2011
I - 6 Minutes of the St. Marys Cement Community Relations Committee dated
September 13, 2011
Council Meeting Minutes - 7 - November 7, 2011
I - 8 Albert Sweetnam, Executive Vice President, Nuclear Projects, Ontario
Power Generation (OPG), providing an update on the Darlington New
Nuclear Project – Environmental Assessment advising that the Joint
Review Panel for OPG’s proposed Darlington New Nuclear Project was
released in August and is consistent with OPG’s findings that the
Darlington New Nuclear Project will not result in any significant adverse
environmental effects and that a copy of the results of the Joint Review
Panel’s report is available on line at www.opg.com/newbuild; indicating
that it is now up to the Federal Governor-in-Council to accept the report
and recommendations, following which the licence to prepare the site can
be issued; and, expressing appreciation to all who actively participated in
OPG’s work, and/or the Panel review process. Further information is
available by contacting Davinder Valeri, Director, Strategic Planning and
Stakeholder Relations at 416-592-6160.
I - 9 Melodee Smart, Administrative Assistant, Works Department, Regional
Municipality of Durham, forwarding copies of the following documents, in
accordance with the Notice of Approval to Proceed with the Undertaking
regarding the Amended Environmental Assessment for Durham and York
Residual Waste Study, Condition 3 Public Record:
Letter to the Ministry of the Environment dated October 14, 2011,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk regarding Submission of the Compliance Monitoring
Program (Environmental Assessment Condition 4)
Durham York Energy Centre Compliance Monitoring Program
Letter to the Ministry of the environment dated October 21, 2011,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the Regional Municipality
of York’s Waste Diversion Program Monitoring Plan (Environmental
Assessment Condition 10)
York Region 2010 Waste Diversion Report
Letter to the Ministry of the Environment dated October 21, 2011,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the Regional Municipality
of Durham’s Waste Diversion Program Monitoring Plan
(Environmental Assessment Condition 10)
Durham Region Waste Management Services Annual Report 2010;
and,
advising that the documents are also available on the EFW project website
at http://www.durhamyorkwaste.ca/project/efw-committee.htm.
Council Meeting Minutes - 8 - November 7, 2011
I - 7 Ray Pichette, Director, Ministry of Natural Resources, Natural Heritage,
Lands and Protected Spaces Branch, responding to issues raised by
Members of Council to Minister Jeffrey at the Annual Association of
Municipalities of Ontario Conference with respect to commercial fill
placement at the Morgans Road site, aggregate licence fees and the
availability of trees to commemorate veterans and revitalize boulevards;
advising the Ministry is aware of concerns raised by local stakeholders
related to potential impacts of large scale fill operations and are working
with other Ministries to better understand the issues; outlining the
jurisdictional powers under the Aggregate Resources Act, the
Conservation Authorities Act, the Municipal Act and the Environmental
Protection Act; advising that the fee structure for aggregates represents a
balance of providing revenue to municipalities while encouraging economic
growth, and that Clarington’s request will be considered during any future
review of fees under the Aggregate Resources Act; and, indicating that the
planting of trees in urban settings is generally a municipal jurisdiction;
however, there are a number of very effective non-government
organizations with good programs and providing contact information for
Trees Ontario, The Tree Canada Foundation and the Local Enhancement
and Appreciation of Forests (LEAF).
Resolution #C-469-11
Moved by Councillor Woo, seconded by Councillor Novak
THAT Correspondence Item I – 7 from Ray Pichette, Director, Ministry of Natural
Resources, Natural Heritage, Lands and Protected Spaces Branch, with respect to
commercial fill placement, aggregate licences and availability of trees, be received for
information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-470-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Correspondence Item D - 1 be approved as per the Agenda.
“CARRIED”
Council Meeting Minutes - 9 - November 7, 2011
D - 1 Residents of the West Beach area forwarding a petition to stop the illegal
night time access and overnight parking at the empty lots between 67 and
103 West Beach Road; indicating that the post installed by the Municipality
to prevent visitors from driving onto the beach as well as the regulatory
signs advising that the beach access is not allowed from dusk to dawn
have been ineffective and are disregarded repeatedly; and, suggesting that
posts be installed during construction of the new park directing traffic to the
new park area at the end of West Beach Road which they feel will stop the
illegal overnight parking, increase resident’s safety, improve the quality of
life for all concerned during the evening hours and ensure the maximum
benefit for residents and visitors alike.
(Correspondence referred to the Director of
Engineering Services and the Manager of
Municipal Law Enforcement)
D - 2 David and Heather Duckett, expressing concern with respect to the trees
that currently share the property line between their lot on Brough Court and
the proposed building lots on Part Lot 12, Concession 2 (the extension of
Courtney and Gimblett Streets in Bowmanville) and hoping that the trees
will remain as they are tagged and are partially on their lot.
Resolution #C-471-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D - 2 from David and Heather Duckett, with respect to
protection of trees, be referred to the Director of Planning Services.
“CARRIED”
D - 3 Debbie Shields, City Clerk, City of Pickering, writing to the Right
Honourable Stephen Harper, Prime Minister of Canada, advising that on
October 17, 2011, the City of Pickering adopted the following resolution
pertaining to Thank You Canadian Combat Troops:
“WHEREAS the Canadian combat mission in Afghanistan ended in July
2011, after more than ten years; and
WHEREAS one hundred and fifty seven Canadian combat troops made
the ultimate sacrifice in Afghanistan; and
WHEREAS a Canadian military training mission in Kabul and close out
mission in Kandahar including over 2,500 Canadian combat troops,
including many from communities in Durham Region, and those who
served in non-combat roles in Afghanistan; and
Council Meeting Minutes - 10 - November 7, 2011
WHEREAS those who made the ultimate sacrifice passed through the City
of Pickering on the Highway of Heroes, and were honoured by residents
crowding bridges and along the highway; and
WHEREAS twelve of our heroic troops serving in Afghanistan earned the
Star of Military Valour, the highest combat award handed out since Korea;
and
WHEREAS on August 13, 2011 the Royal Canadian Legion Branch 606
dedicated a service; well attended by the community; and plaque
honouring our troops that served, particularly recognizing those that made
the ultimate sacrifice; and
WHEREAS Canada’s armed forces have made a significant contribution
over the last decade to the stability, disarmament and national
reconciliation of the Afghan capital, the province of Kandahar and the
rebuilding of Afghanistan’s national security forces;
NOW THEREFORE BE IT RESOLVED the residents of the City of
Pickering recognize and sincerely thank the many men and women of the
Canadian Armed Forces, including the Royal Canadian Navy, the
Canadian Army and Royal Canadian Air Force, and the many other civilian
Canadians in supporting roles that served Canada in Afghanistan;
AND FURTHER THAT this motion be forwarded to the Right Honourable
Stephen Harper, Prime Minister of Canada, The Honourable Peter McKay,
Minister of National Defence, Joe Dixon, MPP, Tracy MacCharles, MPP,
Chris Alexander, MP, Corneliu Chisu, MP, and all Durham municipalities.”
Resolution #C-472-11
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from the City of Pickering, with respect to Thank You Canadian
Combat Troops, be endorsed.
“CARRIED”
D - 4 Heather Olynyk, requesting a reply to her inquiry regarding the details of a
flight Mayor Foster took on or about October 2, 2011, with Regional
Chairman Roger Anderson; and, requesting an apology from Mayor Foster
and Councillors Partner and Novak for insinuations stated in their
responses which did not provide an explanation to her original inquiry,
which read as follows:
Council Meeting Minutes - 11 - November 7, 2011
“Hell there, Mayor Foster -
I have a question regarding your flight on a charter jet with Roger
Anderson on October 2nd.
Just wondering where you went and on who's tab it was. Also, why so
chummy with Mr. Anderson when your election platform was anti-
incinerator, and Roger Anderson is the main push behind the
incinerator (from his non-elected position of regional chair)?
thanks,
Heather Olynyk
Clarington resident”
Resolution #C-473-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item D – 4 from Heather Olynyk be received for information.
“CARRIED LATER IN THE MEETING”
(See following motion)
Resolution #C-474-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-473-11 be amended by adding the following:
“and referred to the Information and Privacy Commissioner to determine if
copying the e-mail address to the Durham Regional Police Services was a
breach of the Municipal Freedom of Information and Protection of Privacy Act.”
“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 √
The foregoing Resolution #C-473-11 was then put to a vote and CARRIED.
Council Meeting Minutes - 12 - November 7, 2011
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report October 31, 2011.
Resolution #C-475-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of October 31, 2011
be approved, with the exception of Items #1a, #7, #8, #9, #10 and #17.
“CARRIED”
Item #1(a)
Resolution #C-476-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report ESD-015-11 be received;
THAT 1780 Rudell Road, Newcastle be reconfirmed as the location of the new Fire
Station;
THAT a revised project budget of $4,743,000.00 be approved;
THAT $243,000.00 in additional funds be provided from Municipal Capital Works
Reserve Fund ($162,148.83) and Emergency Services Development Charges
Reserve Fund ($80,851.17); and
THAT all interested parties listed in Report ESD-015-11 be advised of Council’s
decision.
“TABLED”
(See following motion)
Resolution #C-477-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the foregoing Resolution #C-476-11 be tabled pending completion of the
Phase II Environmental Assessment.
“CARRIED”
Council Meeting Minutes - 13 - November 7, 2011
Item #7
Resolution #C-478-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT Report ESD-016-11 be received;
THAT staffing of Pump 1 and Pump 4 be approved as proposed in Section 4.1 of
Report ESD-016-11 to the extent that a minimum of four professional firefighters are
allocated to each pumper and rescue;
THAT Staff consider budgeting in the 2012 budget a full Fire Master Plan in the 2012
budget; and
THAT all interested parties listed in Report ESD-016-11 be advised of Council’s
decision.
“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 √
Councillor Traill submitted a petition containing 388 signatures requesting Council to
accept the Clarington Firefighter’s Association’s proposal requiring a minimum of four
professional fire fighters per pumper or rescue vehicle.
Resolution #C-479-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report ESD-016-11 be received;
THAT staffing of Pump 1 and Pump 4 be approved as proposed in Section 4.1 of
Report ESD-016-11;
THAT Staff consider budgeting in the 2012 budget a full Fire Master Plan in the 2012
budget; and
Council Meeting Minutes - 14 - November 7, 2011
THAT all interested parties listed in Report ESD-016-11 be advised of Council’s
decision.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See following motion)
Resolution #C-480-11
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the foregoing Resolution #C-479-11 be amended by adding the following:
“THAT staff be directed to provide pertinent information related to Report
ESD-016-11 to the public through the Orono Times, Clarington This Week and
social media outlets.”
“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 √
Resolution #C-479-11 was then put to a vote and CARRIED AS AMENDED 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 - 15 - November 7, 2011
Item #8
Resolution #C-481-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Staff be authorized to proceed with a Phase II Environmental Assessment of
3333 Highway 2;
THAT the Purchasing By-law be waived in order to award a contract to complete the
Phase II Environmental Assessment on 3333 Highway 2, Newcastle; and
THAT Staff report back as soon as possible.
“CARRIED”
Item #9
Resolution #C-482-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the proposed nuisance by-law be referred to the solicitor to consider and
incorporate Dr. Larose's comments; and
THAT a copy of the report be forwarded to the City of Oshawa.
“CARRIED LATER IN THE MEETING”
(See following motions)
Resolution #C-483-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
the matter more than once.
“CARRIED”
Council Meeting Minutes - 16 - November 7, 2011
Resolution #C-482-11 was then put to a vote and 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 √
Item #10
Resolution #C-484-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report CLD-029-11 be received; and
THAT the appointments to Boards and Committees Policy as set forth in Attachment
#1 to Report CLD-029-11 be approved.
“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 √
Council Meeting Minutes - 17 - November 7, 2011
Resolution #C-485-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report CLD-029-11 be received; and
THAT the policy for appointments to Boards and Committees remain as is.
“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 √
Item #17
Resolution #C-486-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report CAO-009-11 be received;
THAT the renewal of the current contract with the Clarington Board of Trade for the
delivery of economic development services be approved for a period of five years
(2012-2016 inclusive) for an annual fee of $225,000 to be phased over two years with
$61,000 in 2012 and the remainder in 2013;
THAT the Mayor and the Clerk be authorized to execute an agreement with the Board
of Trade;
THAT the agreement include a provision for termination upon one-year’s notice and
appropriate benchmarks; and
THAT all interested parties listed in Report CAO-009-11 be advised of Council’s
decision.
“MOTION LOST LATER IN THE MEETING”
(See following motions)
Council Meeting Minutes - 18 - November 7, 2011
Resolution #C-487-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting be
extended until 11:15 p.m.
“CARRIED”
Resolution #C-486-11 was then put to a vote and 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-488-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report CAO-009-11 be received;
THAT the renewal of the current contract with the Clarington Board of Trade for the
delivery of economic development services be approved for a period of five years
(2012-2016 inclusive) for an annual fee of $225,000 to be phased over two years with
$61,000 in 2012 and the remainder in 2013;
THAT the Mayor and the Clerk be authorized to execute an agreement with the Board
of Trade;
Council Meeting Minutes - 19 - November 7, 2011
THAT all interested parties listed in Report CAO-009-11 be advised of Council’s
decision.
“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 √
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
BY-LAWS
By-law 2011-099 was subsequently withdrawn from the Agenda due to Item #9 of
Report #1 being referred back to staff.
Resolution #C-489-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2011-098 and 2011-100
2011-098 Being a by-law to adopt Amendment No. 82 to the Clarington
Official Plan
2011-100 Being a by-law to appoint a Municipal Law Enforcement Officer
(Kimberley Birkett); and
THAT the said by-laws be approved.
“CARRIED”
Council Meeting Minutes - 20 - November 7, 2011
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Mayor Foster announced that Paramedic Christopher Bugelli, former Newcastle
resident and Ottawa Paramedic, has been recognized with a Provincial Award -
the N.H. McNally Award for Bravery, for risking his life by jumping into a frozen
creek to save the life of man in the South Keys area of Ottawa.
Mayor Foster responded to speculation regarding a recent trip he took indicating
that he was in Braselton, Georgia at the Petit LeMans endurance car race. He
noted that between 100,000 and 130,000 people attended the event generating
between $40 and $60 million in economic development for the economy.
Mayor Foster noted that members of Council have a sense of what the new
owners want to do with Mosport and have heard of their plans including youth
employment and track improvements. He confirmed and that there was no cost to
the taxpayers for the trip. He also referred the press to officials at Mosport for
information regarding upcoming events.
CONFIRMING BY-LAW
Resolution #C-490-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2011-101, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 7 day of November, 2011; and
THAT the said by-law be approved.
“CARRIED”
I
Council Meeting Minutes - 21 - November 7, 2011
ADJOURNMENT
Resolution #C-491-11
Moved by Councillor Partner, seconded by Councillor Woo
THAT the meeting adjourn at 11:09 p.m.
"CARRIED"
A O U A CLERK