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HomeMy WebLinkAbout11/21/2011 Council Meeting Minutes NOVEMBER 21, 2011 Minutes of a regular meeting of Council held on November 21, 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: Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana 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 Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. ANNOUNCEMENTS Councillor Partner announced the following:  Councillors were busy this week starting with The Orono Rebekka’s “Raise the Roof” turkey dinner and the “Girls Night Out” Shopping Event on Wednesday th  She attend the 4 Annual Emergency and Fire Services Service Medal Ceremony on November 17, 2011, and the Bowmanville Santa Claus Parade on Saturday, November 19, 2011 Council Meeting Minutes - 2 - November 21, 2011  Mayor Foster brought greetings from the Municipality and she, along with Councillors Hooper and Woo, enjoyed a dance recital at the Newcastle Family Connection Thank You Event. The Newcastle Family Connection received a Trillium Grant in the amount of $11,800. Councillor Partner expressed appreciation to the Director of Operations for guiding the organization through the application process  She finished the weekend at the fabulous Santa Claus Parade in Newcastle which featured 55 floats Councillor Traill announced that she also attended the Bowmanville Santa Claus Parade on Saturday, a great event with a huge turnout. Councillor Woo announced the following:  On Tuesday evening he, along with Mayor Foster and Councillor Partner, attended the grand re-opening of McDonalds in Newcastle. Mr. Wilson, the owner of McDonalds presented a cheque in the amount of $88,000 to the Memorial Hospital Foundation – Bowmanville th  On Saturday, November 26 the Salvation Army will hold their annual Kettle Kick-Off at the Bowmanville Mall at 10:30 a.m.  On Sunday, November 27, 2011, the Newtonville Town Hall will hold a Chili Dinner fundraiser at 4:30 p.m. followed by the Tree lighting ceremony at the Ina Brown Parkette Councillor Hooper announced the following: th  He echoed Councillor Partner’s comments regarding the 4 Annual Emergency and Fire Services Service Medal Ceremony and also paid tribute to Clarington firefighters who were instrumental in containing a fire in a six-plex over the weekend th  He expressed appreciation to Council for the 50 Annual Bowmanville Santa Claus Parade and extended congratulations to all Committee members. He noted the Committee is looking for volunteers  On November 28, 2011, the CPR Holiday Train will stop at Concession Street and Scugog Street. Cash and food donations will be collected in support of Clarington’s food banks and there will be a free concert featuring local entertainment  The Clarington Older Adult Association held a Euchre Extravaganza on the weekend. The event was a huge success with participants from all over Durham Region  On December 2, 2011, the Annual Bowmanville Tree lighting ceremony will take place Council Meeting Minutes - 3 - November 21, 2011 Councillor Neal announced the following:  On Monday, Councillor Novak and he attended the Parent/Police Coalition meeting at Dr. G. J. MacGillivray Public School on the pitfalls of social media th  He also attended the 4 Annual Emergency and Fire Services Service Medal Ceremony, the volunteer appreciation event for the Clarington Museum, the Santa Claus parades and an event sponsored by Royal Service Real Estate Brokers featuring Jake Vanhaverbeke, a local entertainer Councillor Novak announced the following:  She attended “Brotherhood Night” on November 15, 2011, along with Mayor Foster and Councillors Hooper and Woo. Charles Taws, Archivist, Clarington Museums and Archives, provided a history of several organizations in Bowmanville th  She also attended the 4 Annual Emergency and Fire Services Service Medal Award, “What a Girl Wants” shopping event, and both the Bowmanville and Newcastle Santa Claus Parades  Veridian Connections was recognized as Durham Region’s Smart Commute Employer of the Year  The Municipality of Clarington was recognized as a long-time supporter of the Durham Children’s Groundwater Festival Mayor Foster announced the following:  He extended appreciation to Scott Taylor of The Artshack for the donation of the new “Support Our Troops” banner outside the Royal Canadian Legion  He also extended appreciation on behalf of the Caswell family who were thrilled to have their banner installed  The RIDE Program has started and unfortunately, the number of charges laid has increased  On Thursday, November 17, 2011, he travelled to St. Mary’s, Ontario to see the Pond Biofuels project where emissions are captured, used to feed algae and then converted to fuel  The Visual Arts Centre of Clarington held its Wall to Wall Fundraising event on Friday, November 18, 2011. A number of visual artists donated original works of art for the masterpiece event  He encouraged all to attend the CPR Holiday Train event which will feature both high end entertainment and local talent  On November 25, 2011, the Church of Jesus Christ of the Latter Day Saints will be breaking ground for a building expansion Council Meeting Minutes - 4 - November 21, 2011 Resolution #C-492-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held November 7, 2011, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Jim Richards addressed Council concerning Correspondence Item D – 3 – Heather Olynyk Correspondence. Mr. Richards provided a chronology of events concerning correspondence from Heather Olynyk questioning Mayor Foster on the details of a trip he took, details of corresponding e-mails and the particulars of his delegation of November 7, 2011. Mr. Richards suggested that perhaps Mayor Foster over-reacted to the original letter from Ms. Olynyk and contends that the contents of the e-mail from Councillor Partner were rude, disrespectful and offensive and he was again requesting that an apology be issued to Ms. Olynyk. Jim Richards addressed Council concerning Correspondence Item D – 4 Council Reaction to November 7, 2011. Mr. Richards indicated that his November 7, 2011, delegation was interrupted by laughter from Councillor Partner which he feels showed distain for the public. Mr. Richards quoted sections of Council’s Procedural By-law respecting duties of the Mayor and Council specifically regarding the observance of order and decorum among members, the provision to apply and respect the Rules of Procedure, and the conduct of the audience. Mr. Richards feels that Mayor Foster owes Council an apology for not maintaining proper decorum and that Councillor Partner breached the rules of procedure and should issue an apology to him for her behaviour. COMMUNICATIONS Resolution #C-493-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved. “CARRIED” Council Meeting Minutes - 5 - November 21, 2011 I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 8, 2011 I - 2 Minutes of the Clarington Museum and Archives Board dated June 8, June 14 and September 14, 2011 I - 3 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 31, 2011, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Annual Compliance Monitoring Report (Environmental Assessment Condition 5)  Durham York Energy Centre – 2011 Compliance Monitoring Report (October 31, 2011)  Appendix C Energy from Waste Advisory Committee Annual Report (October 31, 2011); and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm. I - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Mark Christie, Manager, Community Planning and Development, Ministry of Municipal Affairs and Housing, advising that on November 2, 2011, Regional Council adopted the following resolution pertaining to the Lake Simcoe Protection Plan Review: “a) THAT staff be authorized to initiate the Regional Official Plan Amendment process to bring the Regional Official Plan into conformity with the Lake Simcoe Protection Plan, based on the findings of the discussion paper Lake Simcoe Protection Plan Review – Recommended Policy Directions, and the Proposed Policy Revisions outlined therein, including consultation on the proposed amendment with the Townships of Brock, Scugog and Uxbridge and the public, and the scheduling of a public meeting in accordance with the Planning Act; and b) THAT a copy of Report #2011-P-76 of the Commissioner of Planning and Economic Development be forwarded to the area municipalities and the Ministry of Municipal Affairs and Housing.” I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 2, 2011, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: Council Meeting Minutes - 6 - November 21, 2011 “a) THAT Report 2011-P-77 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report #2011-P-77 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information.” I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to P. Vanini, Executive Director, Association of Municipalities of Ontario, advising that on November 2, 2011, Regional Council adopted the following resolution pertaining to the Source Water Protection Planning Process – Pre-Consultation with Durham Region on Draft Source Protection Policies: “a) THAT Regional staff provide comments on the draft source protection policies that will impact Durham Region directly to the Trent Conservation Coalition Source Protection Committee, the South Georgian Bay-Lake Simcoe Source Protection Committee and the Credit-Toronto Region – CLOCA (CTC) Source Protection Committee during their respective pre-consultation processes; b) THAT Regional staff prepare a follow-up report to Council summarizing the comments provided to the Source Protection Committees (SPCs) once the reviews of all the draft source protection policies are completed; and c) THAT a copy of Joint Report #2011-J-42 be forwarded to the Association of Municipalities of Ontario, the Durham source protection authorities and the eight local area municipalities for their information.” I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Franklin Wu, CAO, Canadian Association of Nuclear Host Communities, advising that on November 2, 2011, Regional Council adopted the following resolution pertaining to the results of the Regional Peer Review of Draft Environmental Assessment Reports for the Proposed Refurbishment of the Darlington Nuclear Generating Station: “a) THAT Report #2011-J-40 including the peer review report prepared by Morrison Hershfield Limited be submitted to Ontario Power Generation (OPG) as the Regional Municipality of Durham’s comments on the draft Environmental Assessment (EA) report for the proposed refurbishment of the Darlington Nuclear Generating Station (DNGS); and Council Meeting Minutes - 7 - November 21, 2011 b) THAT a copy of Report #2011-J-40 be forwarded to the Canadian Association of Nuclear Host Communities, Canadian Nuclear Safety Commission (CNSC), the Nuclear Waste Management Organization (NWMO), Durham Region MPs and MPPs, and Durham Region area municipalities, for their information.” I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 2, 2011, Regional Council adopted the following resolution pertaining to Energy from Waste – Waste Management Advisory Committee Membership Appointments: “a) THAT the following five (5) applicants be appointed for membership on the Energy from Waste – Waste Management Advisory Committee:  Ted Baker  Neil Burnett  Margaret Clayton  Candida Fernando  Angela Porteous; and b) THAT a copy of Report No. 2011-WR-12 of the Commissioner of Works be forwarded to the Municipality of Clarington for information only.” I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 2, 2011, Regional Council adopted the following resolution pertaining to Provincial Offences Act Revenues: “THAT Report #2011-A-53 of the Regional Solicitor be received for information and forwarded to all area municipalities.” CORRESPONDENCE FOR DIRECTION Resolution #C-494-11 Moved by Councillor Traill, seconded by Councillor Partner THAT Correspondence Item D - 1 be approved as per the Agenda. “CARRIED” Council Meeting Minutes - 8 - November 21, 2011 D - 1 Jo-Anne McFarland, Clarington Polar Bear Swim Committee, requesting approval for members of Clarington Fire Station 2 to th attend the 12 Annual Clarington Polar Bear Swim, an annual event where participants go for a “swim” in Lake Ontario on New Year’s Day, to raise awareness of the urgent need for organ and tissue donations and to raise awareness and support for liver disease research; indicating that through sponsorship and pledges, the Plunge for Life has consistently been able to raise approximately $7,000 per year for the past seven years, bringing their total money raised to date to over $50,000 in support of the Sick Kids Foundation and directed to research for pediatric liver disease; and, inviting Members of Council to participate in the Plunge for Life. (Request approved) D - 2 Paul Mills, Mayor, Township of Mulmur, advising Council that on November 1, 2011, the Township of Mulmur adopted the following resolution pertaining to the approval process for alternative energy projects: “THAT WHEREAS the Province has taken away from municipalities both commenting and approval authority for “green energy” projects; AND WHEREAS the Township of Mulmur has recently had constructed, within a municipal road allowance, an unauthorized solar array; AND WHEREAS some such facilities are being constructed without required building permits and/or other required approvals, such as Niagara Escarpment Development Permits; AND WHEREAS such situations are examples of what can, and does all too regularly occur when appropriate checks and balances are not in place (which is clearly the case when consultation with, and the approval of the local municipality is not required); NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario be urged either to adopt a standardized compliance checklist of requirements to ensure that such facilities are being installed in an appropriate manner, and to be more diligent in their review/approval of such projects, or amend the requirements so that all such facilities are subject to a municipal consultation/approval process or, at the very least, a protocol for ensuring that such facilities are installed appropriately and in accordance with required approvals; and THAT staff be directed to circulate this resolution to other rural municipalities as directed by Council, with a request for support.” Council Meeting Minutes - 9 - November 21, 2011 Resolution #C-495-11 Moved by Councillor Traill, seconded by Councillor Hooper THAT the resolution from the Township of Mulmur, with respect to the approval process for alternative energy projects, be endorsed. “CARRIED” D - 3 Jim Richards writing further to his delegation of November 7, 2011, regarding Heather Olynyk’s request for an apology from Mayor Foster and Councillor Partner for the manner in which her inquiry requesting information as to the particulars of a trip taken by Mayor Foster was responded to; and, requesting again that apologies be forthcoming to Ms. Olynyk. Resolution #C-496-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Jim Richards be advised of action previously taken with respect to correspondence from Heather Olynyk. “CARRIED” D - 4 Jim Richards requesting an apology from Councillor Partner for perceived disruptions during his delegation of November 7, 2011, and from Mayor Foster for not enforcing the rules concerning the observance of order and decorum among Council members during the meeting. Resolution #C-497-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item D – 4 from Jim Richards be received for information. “CARRIED” Council Meeting Minutes - 10 - November 21, 2011 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report November 14, 2011. Resolution #C-498-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of November 14, 2011 be approved, with the exception of Item #7. “CARRIED” Item #7 Resolution #C-499-11 Moved by Councillor Neal, seconded by Councillor Trail THAT Report COD-035-11 be received; THAT By-law #2001-216 be repealed; THAT the By-law attached to Report COD-035-11, a By-law to establish a Municipal Services Board to provide social and recreational opportunities to the Older Adults of Clarington through the operation of the Clarington Beech Centre, be amended in section 1. by adding the words “and legally described as Part 1 on Plan 40R-14445” after the words “(Town of Bowmanville)”; and THAT the By-law, as amended, be approved. (See following motion) Resolution #C-500-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-499-11 be tabled to the General Purpose and Administration Committee meeting scheduled to be held on November 28, 2011. “CARRIED” STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. Council Meeting Minutes - 11 - November 21, 2011 UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS By-law 2011-106 was subsequently withdrawn from the Agenda due to the tabling of Resolution #C-499-11. Resolution #C-501-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2011-102 to 2011-105 2011-102 Being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and the Clarington Board of Trade for the provision of economic development services 2011-103 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Headgate Developments Inc.) 2011-104 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Claret Investments Limited and 1361189 Ontario Limited) 2011-105 Being a by-law to exempt a certain portion of Registered Plan 40M-2364 from Part Lot Control; 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 Novak requested that a letter of appreciation be forwarded to the volunteers and Committees of the Bowmanville Santa Claus Parade, the Newcastle Santa Claus Parade and the Farmer’s Parade of Lights. Council Meeting Minutes - 12 - November 21, 2011 Councillor Partner announced the following community events: • The Kendal Lions Club will be hosting a roast beef dinner on November 25, 2011 • St. Saviour's Bake Sale will be held on November 25th from 4:00 p.m. to 8:00 p.m. and on November 26th from 9:00 a.m. to 5:00 p.m. • On Saturday, November 26th Santa arrives at the Town Hall in Orono at 10:30 a.m. • The Kendal United Church will host a turkey dinner on November 27, 2011 Councillor Hooper requested that Regional Councillors ensure that the issue of the Ground-breaking ceremony for the Energy-From-Waste Project is debated at Regional Council. He noted Members of Council have been fielding calls from taxpayers who are very concerned with the cost of the event. Councillor Traill urged Regional Councillors to support the motion to conduct an inquiry into the Energy-From-Waste ceremony. CONFIRMING BY-LAW Resolution #C-502-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2011-107, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 21 s day of November, 2011; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-503-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 7:44 p.m. r "CARRIED" r MA�YqV DIPPUTYCLERk