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HomeMy WebLinkAbout12/05/2011 r ' I. P. I Council Meeting Minutes DECEMBER 5, 2011 Minutes of a regular meeting of Council held on December 5, 2011 at 7:00 p.m., in the Council Chambers. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor C. Traill Councillor W. Woo Absent: Councillor W. Partner Also Chief Administrative Officer, F. Wu Present: Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, attended until 9:09 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 Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring an interest with respect to Correspondence Item I - 8. Councillor Novak indicated that she would be declaring an interest with respect to Item 1(a) of Report#1. Mayor Foster indicated that he would be declaring an interest with respect to the delegation of Jim Richards and Correspondence Item D — 2. Council Meeting Minutes - 2 - December 5, 2011 Mayor Foster clarified that although he declared a pecuniary interest with respect to Report PSD-092-11 at the General Purpose and Administration Committee meeting of November 28, 2011, he would not be declaring an interest with respect to Item 7 of Report #1 as he has confirmed that his wife is not paid by the United Church of Canada, but by her own church. Later in the meeting, Councillor Hooper stated a pecuniary interest with respect to a motion under Other Business with respect to a one-time exemption to By-law 91-58. ANNOUNCEMENTS Councillor Woo announced the following: • Last Monday evening he, along with Mayor Foster, Councillors Hooper, Neal, Novak and Traill, attended the Holiday Train Event. There was a great turnout from both residents of Clarington and others from outside the Municipality with the three food banks benefitting greatly from the event. • On Friday, he, along with Councillor Partner, attended the Guinness Book of World Records Presentation at the Pines Senior Public School. The students were inducted into the Guinness Book of World Records for having 758 people exercising to a video at the same time. He congratulated all the students involved. • On Friday evening, he and Councillor Partner attended a celebration for Ray Bester, a 30 year resident of Orono who is moving out of Clarington and presented him with a Certificate on behalf of the Mayor and Members of Council. Ray is well-known for his involvement in the Community through his volunteer efforts and will be missed. • On Saturday, he attended the Heather Rebekah Lodge and the St. Francis of Assisi bazaars. • Later on Saturday, he, along with Councillor Hooper, attended the Clarington 172 Royal Canadian Air Cadet Squadron's 3rd Annual Mess Dinner. The guest speaker was Captain Pierre Muscat-Drago, a Civil Engineer and the youngest Fire Chief at CFB Trenton. Councillor Hooper echoed Councillor Woo's comments regarding the Holiday Train and expressed appreciation to staff and the volunteers who make the event possible. Councillor Hooper also announced the following: • On Friday, he, along with Mayor Foster and Councillor Novak, attended the grand opening of "Welcome Feeds". • Council Members also attended the grand opening of the Sales Pavilion for Phase I of the Brookhill Subdivision development on Green Road. • He finished the day with the Annual Tree Lighting Ceremony in downtown Bowmanville and expressed appreciation to Mayor Foster and Members of Council for their support of the event. Council Meeting Minutes - 3 - December 5, 2011 • He also echoed Councillor Woo's comments on the 172 Air Cadet Squadron's Mess Dinner. Councillor Neal also attended the Holiday Train event and particularly enjoyed Council's songfest at the Tree Lighting Ceremony. Councillor Novak added her thanks to all the volunteers who helped with Holiday Train and announced the following events: • She attended the Clarington Board of Trade Luncheon at Holburn Bio-Medical. The guest speaker was from RBC who noted the economic outlook would be a slow, reasonable recovery. • She helped to celebrate the grand opening of"Welcome Feeds" and the Sales Pavilion for the Brookhill subdivision. • She, along with Mayor Foster, attended the funeral for Walter Beath, First Durham Regional Chairman. • She expressed appreciation to the many volunteers, the Historic Downtown Bowmanville Business Area for the great tree-lighting ceremony and to Charles Tawes. • Following the tree lighting ceremony, she and Mayor Foster attended the opening of Megan Ashley Hair Design in Bowmanville. • On Monday, Durham Region Transit celebrated its 50 millionth rider. Ridership has increased 41.7% since its inception and it is projected that 12 million riders will use Durham Transit in 2012. Mayor Foster announced the following: • He expressed appreciation to Clarington Emergency and Fire Services for their efforts regarding the fire at the Chance Stables. • He thanked the Historic Downtown Bowmanville Business Area for the success of the Annual tree-lighting ceremony. • The Holiday Train was a great event and Clarington is recognized for their support. The view from the stage was fantastic with thousands of smiling adults and children. Mayor Foster requested the Chief Administrative Officer to express his thanks to staff for their involvement in the event. • 24 Charges were laid in the RIDE Program last week. • A Gift of Christmas Show was held yesterday at the Newcastle Town Hall. • On December 7th the Farmers' Parade of Lights will be held from 6:00 p.m. to 7:30 p.m. • He will send a letter of appreciation, on behalf of Council, to Ray Bester. Mayor Foster presented an Award to the Municipality from the Rick Hansen Foundation. The Municipality was recognized as a "Difference Maker". Frank Wu, CAO, accepted the Award on behalf of the Municipality. Council Meeting Minutes - 4 - December 5, 2011 Resolution #C-504-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council held November 21, 2011, be approved. "CARRIED" PRESENTATIONS Russ Powell, Central Lake Ontario Conservation Authority (CLOCA), addressed Council providing information on CLOCA's Watershed Awards Program. He indicated the Municipality of Clarington was the recipient of a Special Recognition Watershed Award for the Durham Children's Groundwater Festival, which was launched in 1998 and is held annually for Grade 4 students to discover the importance of water in their lives and how their actions affect the watershed. Mr. Powell indicated that without the support of sponsors such as the Municipality, the festival would not be possible. He presented the Award to Mayor Foster, Councillors Hooper, Novak and Traill. DELEGATIONS Resolution #C-505-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT the rules of procedure be suspended to allow for the addition of a delegation. "CARRIED" Mayor Foster stated a pecuniary interest with respect to the delegation of Jim Richards as the opinion polls referred to in his delegation were contracted to Collis & Reed Research and one of the Principals of the firm was Mayor Foster's former Campaign Manager. Mayor Foster left the Council Chambers during discussion and voting on this matter. Councillor Novak chaired this portion of the meeting. Resolution #C-506-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Ron Collis, Collis & Reed Research, be added to the list of delegations regarding Correspondence Item D - 2. "CARRIED" Council Meeting Minutes - 5 - December 5, 2011 Resolution #C-507-11 Moved by Councillor Woo, seconded by Councillor Traill THAT the Agenda be altered to allow Ron Collis, Collis & Reed Research, to be heard immediately following the delegation of Jim Richards. "CARRIED" Jim Richards addressed Council concerning Correspondence Item D — 2 - Request for Inquiry into Public Opinion Polls stating that since the Municipal Elections, there have been two separate public opinion polls conducted to determine what the taxpayers of Clarington would like and from what source electors get their news. Mr. Richards indicated that he was not present tonight to discuss the overall merits of the polls or to judge their worth or value but to ask ten questions regarding the purpose, findings, costs and approval process. Mr. Richards indicated that one of the Principals of the firm conducting the polls was the Campaign Manager for Mayor Foster in the 2010 Municipal Elections, and Mr. Richards was questioning if the Mayor had declared a conflict of interest in the selection of the firm. Mr. Richards requested Council to call for an internal inquiry into the spending of public funds, and to report back to taxpayers expeditiously confirming Council's support for open, honest and transparent governance. Ron Collis, Collis & Reed Research, addressed Council to provide his comments regarding Correspondence Item D — 2 from Jim Richards demanding a public inquiry regarding work contracted to Collis & Reed Research. Mr. Collis stated the polls referred to by Mr. Richards included a public opinion survey that was part of Clarington's Strategic Planning process and was approved last February, and the second poll is a Media Habits Survey, planned during the previous term of Council but postponed until this fall. Mr. Collis indicated that the firm has recently concluded the data collection phase and was in the process of carrying out detailed data analyses. Mr. Collis stated the fees charged to the Municipality are well below market rates and provided information on the firm's background, philosophy and commitment to Clarington. Mr. Collis confirmed that his company has carried out multiple research projects for Clarington under three different Mayors and for each of the projects they have worked exclusively with staff, and that Members of Council have always taken a hands-off role and have never played a role in the selection of the vendors. He stated he is concerned that Mr. Richards is asking for an inquiry into work that his firm has performed in an exemplary fashion, above board, and published with results that have had a considerable impact and use. Mayor Foster returned to the meeting and resumed the chair. Council Meeting Minutes - 6 - December 5, 2011 Robyn Hamlyn addressed Council concerning Correspondence Item D — 3 - Request to Designate Clarington as a "Blue Community". Ms. Hamlyn indicated that she is a Grade 8 student from Kingston, Ontario who was so inspired by the movie "Blue Gold" that she was moved to take action to promote a campaign to have municipalities declared "Blue Communities". Ms. Hamlyn explained that Canada is a water rich country but it is being used faster than it can be replenished. She questioned what will happen when all the fresh water supply is polluted. Ms. Hamlyn noted that Canada, Russia and Brazil have the greatest fresh water resources and that companies are selling bottled water and creating greenhouse gases. Ms. Hamlyn stated that in a "Blue Community" the water belongs to no one. She urged Council to pass three resolutions to ban the sale of bottled water in public facilities, to recognize water as a human right, and to promote publicly owned and operated water and sanitation services. Resolution #C-508-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Agenda be altered to consider Correspondence Item D — 3 at this time. "CARRIED" D - 3 Robyn Hamlyn, requesting Council to declare the Municipality as a "Blue Community" by adopting resolutions to ban the sale of bottled water in public facilities, to recognize water as a human right, and to promote publicly owned and operated water and sanitation services, in an effort to assist with her goal of having all municipalities in Ontario designated as "Blue Communities" to protect Canada's water supplies. Resolution #C-509-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item D — 3 from Robyn Hamlyn be referred to staff to investigate declaring the Municipality of Clarington a "Blue Community"; and THAT staff investigate banning the use of non-recyclable utensils at Municipal functions, including functions of local boards and committees. "CARRIED" John Calderon, Resource Development Officer, Durham Deaf Services, (DDS) addressed Council concerning Correspondence Item I — 11 - Overview of Services Provided by Durham Deaf Services. Council Meeting Minutes - 7 - December 5, 2011 Mr. Calderon provided a history of Durham Deaf Services, a non-profit organization offering services and educational programs within the Deaf, deafened and hard of hearing community, profiled various services and educational programs offered and provided an information brochure to Members of Council. He noted the organization is committed to promoting self reliance, reducing isolation and increasing awareness within the general public. Mr. Calderon stated DDS is a relatively small organization with less than ten employees, operating within a $400,000 budget. He outlined the economic and employment challenges facing individuals of the Deaf, deafened and hard of hearing community noting many individuals lack very basic skills to maintain employment and face additional health challenges. Mr. Calderon indicated the organization is attempting to raise funding to support value-based initiatives. They have developed an accessibility portal "Welcome to Durham"; they are holding a Charity Raffle worth $9,000 in prizes; and are asking Council for assistance or guidance in how they can engage the municipality to extend their reach into the community. Sandy Archibald, Director, Clarington Marketing Minds (CMM), addressed Council concerning Correspondence Item D — 4 — Clarington Marketing Minds Future Direction. Ms. Archibald provided information on the evolution of the Clarington Marketing Minds, an organization established three years ago as a framework to offer joint marketing opportunities for tourism players. She highlighted successes to date including the installation of new signage and the hosting of a series of symposiums. Ms. Archibald stated that Clarington Marketing Minds now believes that a Clarington Tourism and Marketing Board, with representatives across Clarington, would provide the ideal framework for greater communication and collaboration amongst tourism players. She stated that although their roles are different, they will work in collaboration with the Clarington Board of Trade whose role is to attract and retain businesses while Clarington Marketing Minds' role is to attract people to spend their leisure time and money in the Municipality. Ms. Archibald referred to the objectives of Clarington's Strategic Plan under "Showcasing Community" and feels the evolution and direction of the Clarington Marketing Minds is timely as it responds to promotion of Clarington as a tourism destination, the improvement of the visual appearance of the Municipality and promoting Clarington's heritage, and facilitating all BIAs to work together on Clarington-wide initiatives. Ms. Archibald stated that in 2010, Clarington hosted approximately 1.4 million day trippers and by using Ontario Tourism's spending rate of$75 per visitor it translates into over $100 million in tourism spending, not including spending by local residents. Ms. Archibald urged Council to confirm a Clarington Tourism Marketing Board, to assign a Councillor to the Board, to recognize the importance of tourism to Clarington's economy, and to approve the hiring of a Tourism Co-ordinator to promote Clarington as a top-of-mind tourism experience. Louis Bertrand addressed Council concerning Correspondence Item I — 12 - Kerry Meydam — Impression of Council - Reality Versus the 2010 Election Promises. Mr. Bertrand stated he would be speaking as a taxpayer and citizen of Clarington. He referred to Ms. Meydam's letter recognizing the overarching theme of "meaningful public participation". Council Meeting Minutes - 8 - December 5, 2011 Mr. Bertrand thanked Council for extending the delegation time from five minutes to ten minutes. He feels however, that controversial opinions are not welcome and what is lacking is an opportunity for a genuine and frank discussion about big questions. He questioned what kind of community is being built where residents must leave the community to work, the tax ratio is 90/10 residential to commercial, and food banks are used to mitigate poverty. Mr. Bertrand questioned the value of a Council that does not engage in open, frank debate. He noted that the community was not consulted regarding the Host Community Agreement for the Energy From Waste facility and that following Council's Rules of Procedure, members of the public are isolated from the process in the Council Chamber. Mr. Bertrand provided each Member of Council with a copy of an essay by Harry G. Frankfurt entitled On Bullshit" and urged Members of Council to read the essay and ponder the implications. Ken Frenette was called but was not present. Resolution #C-510-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:29 p.m. COMMUNICATIONS Councillor Hooper stated a pecuniary interest with respect to Correspondence Item I - 8 as he owns a business in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Resolution #C-511-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the communications to be received for information be approved, with the exception of Item #7. "CARRIED" I - 1 Minutes of the Central Lake Ontario Conservation Authority dated November 15, 2011. I - 2 Minutes of the Newcastle Community Hall Board dated October 18, 2011 Council Meeting Minutes - 9 - December 5, 2011 I - 3 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization (NWMO) forwarding their annual five-year strategic plan "Implementing Adaptive Phased Management 2012 to 2016 — Draft for Public Review", for implementing Canada's plan for the safe, long-term care of used nuclear fuel; highlighting their planned program in seven key areas; and, welcoming comments by mail or through their website at www.nwmo.ca by December 31, 2011. I - 4 Susan Self, Chair, CTC Source Protection Committee, advising that the CTC Source Protection Committee has approved a set of draft policies to protect drinking water quality in Lake Ontario; forwarding an explanatory document, maps showing where the policies apply and the draft policies which have been developed for threats to Lake Ontario as a drinking water source; and, advising that Municipalities may comment on the draft policies by December 31, 2011. I - 5 J. W. Tiernay, Executive Director, Ontario Good Roads Association, (OGRA) forwarding a list of candidates being recommended for appointment to the Board of Directors for the 2012-2013 term; enclosing a Nomination/Consent form for municipal members interested in being considered as candidates; and, indicating that the Nomination/Consent form is to be submitted for consideration to the Chair of the Nominating Committee by January 12, 2013. I - 6 John Mutton, Chairman, Ontario Nuclear New Build Council, advising Council that the Ontario Nuclear New Build Council supports the Municipality in not only new nuclear, but for becoming the centre of excellence for nuclear refurbishment and looks forward to assisting the Municipality in this endeavour. I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 23, 2011, Regional Council adopted the following resolution pertaining to Revised Procedures for the Processing of Applications for Exemption under the Retail Business Holidays Act: "a) THAT the revised procedure for the processing of applications for exemption under the Retail Business Holidays Act, be approved; b) THAT the charging of a fee for such Exemption Applications at $1,500.00 per application, plus advertising costs, be approved for businesses larger than 223 square metres or applications involving more than one business; Council Meeting Minutes - 10 - December 5, 2011 c) THAT the charging of a fee for such Exemption Applications at $500.00 per application, plus advertising costs, be approved for individual businesses under 223 square metres; and d) THAT a copy of Report #2011-EDT-3 of the Commissioner of Planning and Economic Development be forwarded to the Area Municipalities within Durham Region for their information." I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 23, 2011, Regional Council adopted the following resolution pertaining to Request for Regional Council Nominations to the Board of Directors of the Greater Toronto Airports Authority: "a) THAT staff be authorized to initiate the process of seeking applications from qualified individuals residing in the Region interested in being nominated to serve as a `Municipal Representative' on the Greater Toronto Airports Authority Board of Directors for a term of three (3) years commencing May 2012; and b) THAT the Clerks of Durham's Area Municipalities be advised of the initiation of this process." I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Terry Clayton, Chair, Durham Trail Co-ordinating Committee advising that on November 23, 2011, Regional Council adopted the following resolution pertaining to Durham Trail Co-ordinating Committee (DTCC) Regional Trail Network Update: "a) THAT the 2011 Durham Regional Trail Network, as illustrated in Attachment 2 to Report #2011-P-80 of the Commissioner of Planning and Economic Development, be approved; b) THAT the area municipalities and conservation authorities be requested to implement the updated 2011 Durham Regional Trail Network through their trail planning initiatives; and c) THAT a copy of Report #2011-P-80 be forwarded to the area municipalities, conservation authorities and other primary trail providers." Council Meeting Minutes - 11 - December 5, 2011 I - 11 John Calderon, Resource Development Officer, Durham Deaf Services providing information on educational programs and services the organization provides to the deaf, deafened and hard of hearing community within Durham Region; advising of initiatives and events hosted in 2011; indicating that in 2012, the Durham Deaf Centre is celebrating its 30th Anniversary; and, requesting the opportunity to discuss ways their services can be expanded throughout Clarington. I - 12 Kerry Meydam providing her impression of Clarington Council on the occasion of their first year in office; expressing concern with respect to decisions regarding important issues affecting the municipality and the reality versus the 2010 Election promises; indicating that many residents feel that their voices are not being heard or heeded; and, hoping that these concerns will be better addressed during the second year of Council and that Clarington residents will be made to feel that their best interests are being represented, especially regarding health and safety and the natural environment. I - 13 Inspector Chris Ostler, Durham Regional Police Service, East Division, advising of a traffic blitz held on November 25, 2011, in which 43 tickets were issued during a four hour project for various Highway Traffic infractions including 26 using hand held devices; and, indicating that a follow-up blitz will be conducted in the next week or so. Councillor Hooper returned to the meeting. I - 7 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 November 16, 2011, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk regarding Third Party Independent Auditor (Environmental Assessment Condition of Approval 16.2) • Durham York Energy Centre Construction Phase Audit Plan • Letter to the Ministry of the Environment dated November 18, 2011, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk regarding Public Meeting Prior to Construction (Environmental Assessment Condition of Approval 7.5) • Energy from Waste Public Open House and Meeting of the Energy from Waste —Waste Management Advisory Committee Advertisement; 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 - 12 - December 5, 2011 Resolution #C-512-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I — 7 from Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham regarding Energy From Waste be received for information; and THAT the Region of Durham be requested to host an Open House in Clarington in January 2012 at 7:00 p.m. regarding Energy From Waste. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D — 5 was received as a Hand-out. D - 1 The Honourable Charles Sousa, Minister, Ministry of Citizenship and Immigration, advising that nominations are being accepted for the Ontario Medal for Young Volunteers, an award to recognize young volunteers between the ages of 15 and 24 who through their actions and dedication improve the quality of life in their communities, province, country and around the world; and, advising the deadline for nominations is January 31, 2012, and are available on-line at www.ontario.ca/honoursandawards or by calling 1-877-832-8622. Resolution #C-513-11 Moved by Councillor Novak , seconded by Councillor Neal THAT Correspondence Item D - 1 be referred to the Municipal Clerk. "CARRIED" Mayor Foster stated a pecuniary interest with respect to Correspondence Item D — 2 as the opinion polls referred to in Correspondence Item D - 2 were contracted to Collis & Reed Research and one of the Principals of the firm was Mayor Foster's former Campaign Manager. Mayor Foster left the Council Chambers during discussion and voting on this matter. Councillor Novak chaired this portion of the meeting. D - 2 Jim Richards calling for a full public inquiry into the public opinion polls conducted by Collis-Reed in Clarington including the purpose of the polls, the results, costs and the approval process for each poll. Council Meeting Minutes - 13 - December 5, 2011 Resolution #C-514-11 Moved by Councillor Woo, seconded by Councillor Neal THAT Correspondence Item D — 2 from Jim Richards and the delegation of Ron Collis, be referred to staff for a report outlining details of the process followed for the undertaking of the Strategic Plan Survey and the Media Habits Survey, if they were sole sourced or tendered and the associated costs. "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 Mayor Foster returned to the meeting and resumed the chair. D - 4 Petra Schwirtz, Chair and Sandy Archibald, Director, Clarington Marketing Minds (CMM), providing an update on CMM's future direction; highlighting successes to date including joint advertising campaigns, workshops, networking and partnership opportunities and tours; advising of the findings of the First Impressions Community Exchange Program; suggesting that a Clarington Tourism Marketing Board would provide the ideal framework for greater communication and collaboration within the tourism industry; requesting Council to confirm a Clarington Tourism Marketing Board and assign a Councillor to the Board to work with staff and Council on tourism related projects and issues; undertake a Tourism Economic Impact Study; and, approve the hiring of a Tourism Co-ordinator on a contract basis for a term concurrent with the term of Council. Resolution #C-515-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Item D — 4 from Petra Schwirtz, Chair and Sandy Archibald, Director, Clarington Marketing Minds (CMM) be referred to staff. "CARRIED" Council Meeting Minutes - 14 - December 5, 2011 D - 5 May Luong, Borden Ladner Gervais, LLP, forwarding a petition, on behalf of Bruce and Karen Ellis, in support of the proposed Zoning By-law amendment to permit an existing non-conforming accessory building at 7486 Thompson Road. Resolution #C-516-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 5 from May Luong, Borden Ladner Gervais, LLP, with respect to the proposed Zoning By-law amendment at 7486 Thompson Road be referred to the Director of Planning Services. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report November 28, 2011. Resolution #C-517-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of November 28, 2011 be approved, with the exception of Items #1(a), #2, #3, #5, #11, #12, and #13. "CARRIED" Councillor Novak stated a pecuniary interest with respect to Item #1(a) of Report#1 as a member of her family works for AECOM and left the Council Chambers during discussion and voting on this matter. Item #1(a) Resolution #C-518-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report EGD-038-11 be received for information. "CARRIED" Councillor Novak returned to the meeting. Council Meeting Minutes - 15 - December 5, 2011 Item #2 Resolution #C-519-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report COD-035-11 be received; THAT By-law#2001-216 be repealed; and THAT the By-law as 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 approved with the following amendment: That Section 1. — Location be amended to add the following words `legally described as Part 1 on Reference Plan 40R-14445' following the word `grounds' and to add the words `subject to any lease in favour of the Tennis Club as determined by any long-term plan for the facility' after the word `Centre'. "MOTION LOST 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 Resolution #C-520-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Report COD-035-11 be received; THAT By-law#2001-216 be repealed; and THAT the By-law as 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 approved. "CARRIED" Council Meeting Minutes - 16 - December 5, 2011 Item #3 Resolution #C-521-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Director of Community Services be authorized to undertake a review and report on the Facilities Master Plan with the Clarington Older Adult Centre Board. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Resolution #C-522-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Peter Spratt be authorized to undertake a review and report on the implications and findings of the Clarington Older Adult Association's Strategic Plan; and THAT the Director of Finance provide the necessary funding of$5000 to fund the meetings and subsequent report findings of Mr. Spratt. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Mayor Foster Council Meeting Minutes - 17 - December 5, 2011 Item #5 Resolution #C-523-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Director of Community Services prepare a report for the expanding of tennis facilities for Clarington including the creation or adaptation of current facilities for indoor tennis use. "CARRIED" Item #11 Resolution #C-524-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report CLD-034-11 be received; THAT the present procedure regarding the holding public meetings, as outlined in Option 1 of Report CLD-034-11 be continued provided that a special public meeting may be called by the Chair in the evening hours as deemed appropriate; and THAT the Procedural By-law be amended to provide for Public Meetings and Delegations to be heard prior to Presentations during General Purpose and Administration Committee meetings and that the ability to schedule Presentations at the GPA meeting for specific times be provided to the Municipal Clerk. "MOTION LOST LATER IN THE MEETING" (See following motion) Resolution #C-525-11 Moved by Councillor Neal, seconded by Councillor Traill THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting be extended until 11:15 p.m. "CARRIED" Council Meeting Minutes - 18 - December 5, 2011 The foregoing Resolution #C-524-11 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-526-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-034-11 be received; THAT the present procedure regarding the holding public meetings, as outlined in Option 1 of Report CLD-034-11 be continued; and THAT the Procedural By-law be amended to provide for Public Meetings and Delegations to be heard prior to Presentations during General Purpose and Administration Committee meetings and that the ability to schedule Presentations at the GPA meeting for specific times be provided to the Municipal Clerk. "CARRIED" Item #12 Resolution #C-527-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Staff be directed to conduct additional noise studies in consultation with the public and the Gun Club for appropriate time and study locations; and THAT testing, using a procedure for valid testing of the "worst case impact" be performed on at least one of the following higher caliber weapons: .458 gun, deer rifle, shot gun or elephant gun. "CARRIED" Council Meeting Minutes - 19 - December 5, 2011 Item #13 Resolution #C-528-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Item #13 of Report #1 be referred back to staff to consider a make up meeting for the Family Day holiday and a meeting for the March Break, and report back to the next Council meeting. "CARRIED LATER IN THE MEETING" (See following motion) Resolution #C-529-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting be extended until 11:30 p.m. "CARRIED" The foregoing Resolution #C-528-11 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Mayor Foster STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. Council Meeting Minutes - 20 - December 5, 2011 UNFINISHED BUSINESS Resolution #C-530-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Louis Bertrand be received. "CARRIED" BY-LAWS Resolution #C-531-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2011-106 and 2011-108 to 2011-112 2011-106 Being 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 Older Adult Centre and to repeal By-law 2001-216 2011-108 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Municipality of Clarington (Prestonvale Developments Inc.) 2011-109 Being a by-law to exempt a certain portion of Registered Plan 40M- 2430 from Part Lot Control 2011-110 Being a by-law to amend By-law 2011-016, a by-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees 2011-111 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Christine McQuaid and William Pritchard) (2377 and 2379 Highway #2, 1420 King Street East, Courtice and 100 Clarington Boulevard) 2011-112 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Kris Evans, Keith Pearson and Craig Bennett) (207 and 253 Sprucewood Crescent); and THAT the said by-laws be approved. "CARRIED" Council Meeting Minutes - 21 - December 5, 2011 PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Neal questioned the exclusion for the requirement of obtaining three quotes to engage the services of Peter Spratt. The Director of Corporate Services and Human Resources clarified the process. Councillor Hooper advised he was in receipt of correspondence concerning the location of cell towers and would forward it to the Municipal Clerk's Department. Resolution #C-532-10 Moved by Councillor Woo, seconded by Councillor Traill THAT the rules of procedure be suspended to allow for the introduction of a motion. "CARRIED" Councillor Hooper stated a pecuniary interest with respect to a one-time exemption to By-law 91-58 as he owns a business in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Resolution #C-533-11 Moved by Councillor Woo, seconded by Councillor Traill WHEREAS the Parking By-law provides for free parking in the Bowmanville downtown area commencing on the Monday of the last full week of shopping prior to Christmas and ending on December 27th; AND WHEREAS it is Council's desire to provide for a longer period for free parking in this area; NOW THEREFORE BE IT RESOLVED THAT a one-time exemption to By-law 91-58, subsection 9 (6) (B) (vi), to allow for free parking in the Bowmanville downtown area commencing December 12, 2011, be approved; and THAT the policy be referred to staff for a review of the policy for future years. "CARRIED" Council Meeting Minutes - 22 - December 5, 2011 Mayor Foster, Councillor Hooper and Councillor Novak stated pecuniary interests earlier in the meeting and refrained from voting on the Confirming By-law. Mayor Foster and Councillor Novak left the meeting during discussion and voting on the Confirming By-law. Councillor Woo chaired the remainder of the meeting. CONFIRMING BY-LAW Resolution #C-534-11 Moved by Councillor Neal, seconded by Councillor Traill THAT leave be granted to introduce By-law 2011-113, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 5th day of December, 2011; and THAT the said by-law be approved. "CARRIED" Mayor Foster, Councillor Hooper and Councillor Novak returned to the meeting. ADJOURNMENT Resolution #C-535-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the meeting adjourn at 11:30 p.m. if; "CARRIED" //7 EPUTY CLERK