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HomeMy WebLinkAbout12/19/2011DATE: MONDAY, DECEMBER 19, 2011 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council held December 5, 2011 PRESENTATIONS a) Kenneth W. Knox - Induction into the Ontario Agricultural Hall of Fame Association and Honourary Doctorate at the University of Guelph DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information 1- 1 Minutes of the Clarington Accessibility Advisory Committee dated December 7, 2011 1 - 2 Minutes of the Ganaraska Region Conservation Authority dated October 20, 2011 1 - 3 Minutes of the Clarington Agricultural Advisory Committee dated December 8, 2011 1 - 4 Association of Municipalities of Ontario (AMO) — Provincial Waste Diversion Priorities and Environmental Commissioner's Annual Report 1 - 5 URS Canada Inc. — Highway 401 Underpass at Cobbledick Road and East Townline Road Preliminary Design and Class Environmental Assessment Study CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - December 19, 2011 1 - 6 Alisa Yee, Marketing Coordinator, WWF- Canada — "National Sweater Day" and "Earth Hour" 1 - 7 Karen Bastas, Chairperson, Newcastle Parade Committee — Letter of Appreciation 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Amendment to Regional GO Transit Service Development Charge By -law 86 -2001 1 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Amendment to Regional Transit Services Development Charge By -law 67 -2007 1 - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Amendment to Regional Development Charge By -law 44 -2008 Receive for Direction D - 1 The Honourable Charles Sousa, Minister of Citizenship and Immigration - 2012 'Volunteer Service Award (VSA) Program D - 2 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism - Paul Yuzyk Award for Multiculturalism D - 3 Stephen McMullen, Forest Recreation Technician, Ganaraska Region Conservation Authority — Re- Appointment to the Ganaraska Forest. Recreational User Committee D - 4 Annette Gray, Chair, Orono BIA - Community Improvement Plan D - 5 Jim Piper.— Public Mobile Tower D - 6 Braeden Lavigne — Annual Go -Kart Race D - 7 Shawna Mutton, Durham Sustain Ability — Request for Financial Support for Partners in Project Green (DPPG) COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of December 12, 2011 STAFF REPORT(S) UNFINISHED BUSINESS Council Agenda - 3 - December 19, 2011 BY -LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT rlt 1�11.J.11 11 Lending tlEe Way 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 1- 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. 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. 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. 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. I - 1 Minutes of the Central Lake Ontario Conservation Authority dated November 15, 2011. 1 - 2 Minutes of the Newcastle Community Hall Board dated October 18, 2011 Council Meeting Minutes - 9 - December 5, 2011 1 - 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. 1 - 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. 1 - 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. 1 - 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. 1 - 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." 1 - 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." 1 - 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. 1 - 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. 1 - 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. 1 - 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 Melodoe 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. 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. 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 Pecuniary Interest Absent 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 Trail 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 Pecuniary Interest Absent 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. GC1� 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 Pecuniary Interest Absent 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 Pecuniary Interest Absent Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Mayor Foster Council Meeting Minutes -17- December 5, 2011 Ifam #.r, 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. 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 Pecuniary Interest Absent 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. 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 #1'1 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 Pecuniary Interest Absent Councillor Neal Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Mayor Foster STAFF REPORTS) 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. ..C_7 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. 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. K.:C 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. 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. •�imuffill MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE DECEMBER 19, 2011 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Clarington Accessibility Advisory Committee dated December 7, 2011 (Copy attached) 1 - 2 Minutes of the Ganaraska Region Conservation Authority dated October 20, 2011 (Copy attached) 1 - 3 Minutes of the Clarington Agricultural Advisory Committee dated December 8, 2011 (Copy attached) 1 - 4 Association of Municipalities of Ontario (AMO) announcing that Gord Miller, Environmental Commissioner of Ontario (ECO) has released his 2010/2011 Annual Report entitled "Engaging Solutions" calling upon the Provincial government to make waste diversion one of its top environmental priorities, providing highlights of the ECO Annual Report; and, identifying several problems, solutions and other topics of interest to municipal leaders. 1 - 5 URS Canada Inc. advising that the firm has been retained by the Ontario Ministry of Transportation (MTO) to undertake a Preliminary Design and Class Environmental Assessment Study for two Highway 401 underpasses located at Cobbledick Road and East Town Line Road (the Boundary Road between the Municipality of Port Hope and Clarington); indicating that the study will follow the approved environmental planning process for Group "B" projects; that a Transportation Environmental Study Report (TESR) will be prepared and made available for a 30 -day public review period at the completion of the study; that one Public Information Centre (PIC) will be held to provide interested parties with the opportunity to discuss the project and provide input to the Project Team; forwarding a Notice of Study Commencement; and, requesting contact information should Clarington wish to participate in the study and continue to receive notices of project activities and information as the study progresses. Summary of Correspondence - 2 - December 19, 2011 1 - 6 Alisa Yee, Marketing Coordinator, WWF- Canada, inviting the Municipality to participate in "National Sweater Day' on February 9, 2012, and "Earth Hour" on March 31, 2012, two events aimed to engage Canadians in a fun and celebratory way while raising awareness about climate change and encouraging individual behaviour change; indicating that last year over 5,250 cities across the globe participated in "Earth Hour" reaching over 1.8 billion people worldwide; and, urging Council to pledge their support and add their voice to the 500 cities /municipalities in Canada participating in 2012. -7 Karen Bastas, Chairperson, The Newcastle Parade Committee expressing appreciation to Council for the grant received for their 7 t Annual Santa Claus Parade on November 20, 2011 and to staff for their prompt, courteous and professional manner in assisting with the event; and, indicating the Committee is looking forward to another successful parade in 2012. 1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 23, 2011, Regional Council adopted By -law 62 -2011, Amendment to Regional GO Transit Service Development Charge By -law 86 -2001, forwarding a certified copy of By -law 62 -2011; and, indicating that any person or organization may appeal the passing of the by -law to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or before the 3rd day of January, 2012. 1 - 9 P. M. Madill; Regional Clerk, Regional Municipality of Durham, advising Council that on November 23, 2011, Regional Council adopted By -law 63 -2011, Amendment to Regional Transit Services Development Charge By -law 67 -2007, forwarding a certified copy of By -law 63 -2011; and, indicating that any person or organization may appeal the passing of the by -law to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or before the 3rd day of January, 2012. 1 - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on November 23, 2011, Regional Council adopted By -law 64 -2011, Amendment to Regional Development Charge By -law 44 -2008, forwarding a certified copy of By -law 64- 2011; and, indicating that any person or organization may appeal the passing of the by -law to the Ontario Municipal Board by filing a Notice of Appeal with the Regional Clerk on or before the 3rd day of January, 2012. Summary of Correspondence - 3 - CORRESPONDENCE FOR DIRECTION December 19, 2011 D — 1 The Honourable Charles Sousa, Minister of Citizenship and Immigration, advising of the 2012 Volunteer Service Award (VSA) Program, a long- standing Ontario tradition recognizing volunteers from all sectors of the community; inviting participation in the Program by nominating volunteers and providing an opportunity to thank them in a significant way; and, indicating that nomination forms and additional information are available on the Ministry of Citizenship and Immigration's website at www .ontario.ca \honoursandawards. The deadline date is January 25 of each year. All nominations received after the deadline will be considered for the following year. (Motion to refer correspondence to the Municipal Clerk to place information on the Municipal website) D - 2 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism, advising of the Paul Yuzyk Award for Multiculturalism, an Award to honour people dedicated to promoting integration in Canada by acknowledging and honouring individuals who have made exceptional contributions to multiculturalism and diversity and includes a $20,000 grant to be given to an eligible, registered, not - for - profit Canadian organization or association of the recipient's choice. Nominations are being accepted until March 1, 2012. Further details are available at www. multiculturalism .gc.ca /paulyuzykk. (Motion to refer correspondence to the Municipal Clerk to place information on the Municipal website) D - 3 Stephen McMullen, Forest Recreation Technician, Ganaraska Region Conservation Authority, confirming that as per the Terms of Reference for the Ganaraska Forest Recreational User Committee, appointments to the Committee should be made on an annual basis. (Motion to re- appoint Bill Stapleton to the Ganaraska Forest Recreational User Committee for 2012.) Summary of Correspondence - 4 - December 19, 2011 D - 4 Annette Gray, Chair, Orono BIA, advising that the Orono BIA has received an offer from Kevin M. Duguay, Community Planning and Consulting Inc., Peterborough, to have a group of graduate students from Sir Sanford Fleming Community College examine and update their Community Improvement Plan and prepare a report with recommendations that could assist the community; advising the cost to the BIA is $500; and, requesting that Council release $500 from the BIA Reserve Fund to cover the cost. (Motion to release $500 from the BIA Reserve Fund to cover the cost of funding an update to the Orono BIA Community Improvement Plan) D - 5 Jim Piper expressing concern that a new cell phone tower is proposed to be erected beside his property line directly across from a cell phone tower Rodgers currently has on the northeast side of his property line; expressing concern with the health implications associated with RF waves; indicating that the tower will drastically change his family's lifestyle and will most likely force them to move; and, requesting Council to discuss the effects of cell phone towers on the health of residents, especially children. (Motion to refer correspondence to the Director of Planning Services) D - 6 Braeden Lavigne, requesting that an annual go -kart race be held in Clarington for young people in the municipality; suggesting that a motorized go -kart race occur on a circuit or closed street and a non - motorized go -kart race take place on Bloor Street East, finishing at Grandview Street South; and, requesting that the races take place between April and May. (Motion for Direction) D - 7 Shawna Mutton, Durham Sustain Ability, providing information on the Durham Partners in Project Green (DPPG), an initiative to assist companies in improving their financial and environmental performance by building stronger relationships with the business community while providing tools and resources to assist companies in improving their productivity and reducing their direct and indirect emissions of GHG's and other pollutants; confirming they have funding support from Whitby Hydro, Veridian Connections and Hydro One for the project and are awaiting confirmation from the Region of Durham and Oshawa PUC; and, requesting Council to consider a sponsorship of $5,000 per year for 2012, 2013 and 2014. (Motion for Direction) I -1 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE December 7, 2011, 6:00 P.M. MEETING ROOM 1A Present: Keith Brettell, Chair Sally Barrie Sylvia Jaspers - Fayer, Vice -Chair Shea -Lea Latchford Absent: Jennifer Forde Tim Hick David Kelly Councillor Partner Also Present: Patti Barrie, Municipal Clerk There being no quorum present, no business was able to be conducted. 1. ADOPTION OF MINUTES Referred to next meeting. 2. BUSINESS ARISING FROM MINUTES (a) Integrated Standard A meeting was scheduled for November 24 with the Regional Coordinators to review the Accessibility Directorate's (ADO) resources for implementation, however the information has not yet been released. It was therefore decided to postpone the meeting until such time as the resources become available. (b) Rick Hansen 25th Anniversary Relay — Medal Bearer Marshall Hohmann Speech The organizers of the event indicated that, in the 72 days they had been travelling and hearing'speeches from heads of cities, Olympians and Para - Olympians, Marshall's was the most inspirational speech they had heard. As Marshall is non - verbal, he uses a computer which he controls with his knee and /or head and the audio comes through the computer. The organizers arranged for Marshall to meet Rick Hansen when the relay was in Whitby. Clarington Accessibility - 2 - December 7, 2011 Advisory Committee (c) Accessibility for Seniors in Orono The Engineering Services Department has advised that in order for the additional parking to be designated, a request would be required from the AAC or the BIA. This item will be.considered at the next Committee meeting. 5. NEW BUSINESS (a) 2012 Accessibility Plan - Draft The draft 2012 Accessibility Plan was reviewed. Further information pertaining to the Integrated Standard will be included once it is known. As well, individual departmental activities in addressing accessibility will be included. 5. REGIONAL UPDATE Sally Barrie advised the Region held an awards ceremony celebrating "International Day of Persons with Disabilities ". Several groups and departments were recognized and the Accessibility Committee participated .in the event. In an effort to commence the Regional newsletter, articles of interest are requested from members of the area municipal accessibility advisory committee members. Information should be forwarded to Tracey TynerCavanagh. Scott Bremner, member of the Regional Committee, is seeking members of the accessibility committees to appear on an upcoming episode of Forum on Abilities on Rogers TV. The show will air January 19, 2012. The Committee received a very informative presentation from John Byard, Emergency Management Coordinator regarding Emergency Preparedness. Mr. Byard will be invited to a future meeting of the Clarington Accessibility Advisory Committee. 6. OTHER BUSINESS (a) South Courtice'Arena The Municipal Clerk advised that the Community Services Department has reviewed their policies with respect to waivers being required for persons with disabilities to participate in public skating. They have determined that the waiver is not required and this practice has been stopped. Clarington Accessibility - 3 - December 7, 2011 Advisory Committee (b) Burketon Restaurant The site plan for the Burketon restaurant was circulated, which shows an accessible parking spot to the rear of the building. (c) Durham Deaf Services The Municipal Clerk advised that Durham Deaf Services has requested to attend a committee meeting to provide an overview of their services. This will be scheduled for the next meeting. (d) Accessibility Training Accessibility Training is being scheduled for January for those individuals who were unable to attend the spring sessions. 7. DATE OF NEXT MEETING The next meeting of the Committee is scheduled to be held on Wednesday, February 1, 2012 commencing at 6:00 p.m. in Committee Room 1A. 8. ADJOURNMENT The meeting adjourned at 6:30 p.m. Chair Secretary I -2 GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE FULL AUTHORITY October 20, 2011 FA 08/11 1. Welcome and Call to Order The Chair called the Full Authority meeting to, order at 7:15 p.m. MEMBERS PRESENT: Raymond Benns, Chair - Township of Ainwick /Haldimand Mark Lovshin, Vice-Chair.— Township of Hamilton John Fallis - Township of Cavan Monaghan Miriam Mutton — Town of Cobourg Forrest Rowden — Town of Cobourg Donna Cole — Township of Hamilton Heather Stauble — City of Kawartha Lakes Greg Burns - Municipality of Port Hope Mary Lou Ellis — Municipality of Port Hope Wendy Partner — Municipality of Clarington Willie Woo — Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO /Secretary- Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Steve McMullen, Forest Recreation Technician Members of the Public ABSENT WITH REGRETS: ALSO ABSENT: A moment of silence was held for the men and women in service who have given the supreme sacrifice. 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting FA 71/11 MOVED BY: Willie Woo SECONDED BY: Greg Burns THAT the Full Authority approve the minutes of the September 15, 2011 meeting. CARRIED. 4. Adoption of the Agenda The Chair stated that there was 1 additional piece of correspondence. Minutes FA 08/11 Page 2 FA 72/11 MOVED BY: Wendy Partner SECONDED BY. John Fallis THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations None. 6. Presentations: a) Forest Donation Mr. Clark Merritt presented a cheque for $3,200.00 to the Board members from the Sandaraska Horse Riders, some of which were present. Mr. Merritt hosted a chicken barbeque for members of the Sandaraska Horse Riders at his trailer in the park. The event included various fundraising activities attended by over 100 people. Mr. Merritt suggested that part of the donation could be allocated to signage in the forest. He ended his presentation with an invitation to members and staff to the annual event to be held on Saturday of the long weekend. The Chair thanked the Sandaraska Riders for their generous donation. 7. Business Arising from Minutes: a) ORV Sound Regulations in the Ganaraska Forest Members asked about the possibility of utilizing the municipal by law officers and taking sound readings. Wendy Partner that the police will randomly be patrolling in the Forest and laying charges when necessary. FA 73/11 MOVED BY: Forrest Rowden SECONDED BY: Mary Lou Ellis THAT the Full Authority receive the staff report, ORV sound regulations in the Ganaraska Forest for information purposes. CARRIED. b) 2012 Preliminary Budget Members asked questions in regards the legal costs as shown in the preliminary budget FA 74/11 MOVED BY: Mark Lovshin SECONDED BY: Greg Burns THAT the Full Authority receive the 2012 Preliminary Budget for information, and, FURTHER THAT the budget be forwarded to the watershed municipalities indicating in the cover letter that the vote to approve the 2012 levy will be taken at the December 2011 Full Authority meeting. Minutes FA 08/11 CARRIED. c) MFIPPA Update FA 75/11 MOVED BY: Mary Lou Ellis SECONDED BY: John Fallis THAT the Full Authority receive the staff report for information purposes. CARRIED. 10. Correspondence: FA 76/11 MOVED BY: Willie Woo SECONDED BY: Greg Burns THAT correspondence items #21 be received and filed. CARRIED. FA 77/11 MOVED BY: SECONDED BY: Forrest Rowden Mark Lovshin THAT correspondence items #22 be received and referred to staff. CARRIED. 11. Applications under Ontario Regulation 168/06: Permits approved by Executive: FA 78/11 MOVED BY: SECONDED BY: Mary Lou Ellis Donna Cole THAT the Full Authority received the permits for information. CARRIED. 12. Committee Reports: None. 13. New Business: None. Page 3 14. Other Business Donna Cole asked for clarification on an email received from a land owner near Morgans Road. Forrest Rowden asked about the total from the golf tournament. The CAO responded that the final result is not known at this point. Minutes FA 08/11 Wendy Partner spoke about email circulation. Donna Cole asked for clarification on a land purchase. 15. Adjourn The meeting adjourned at 8:20 p.m. on a motion by Forrest Rowden CHAIR CAO /SECRETARY - TREASURE R Page 4 Qnttir10 Cxceilence r � eklrtee�lutp;t�r li;ri %t t'(Of1if'.t: A Partnership between St. Marys Cement, Pond Blofuels and the Ontario Centres of Excellence tMaking Biofuels from Fmissions Potential Future Benefits: - offsetting cost and emissions of romil tvek. " f V B. Sequester up to 535.000 tomes of CO2. -- «- - Produce stable andrsrtainable biomass pond biofuels VCNA Microalgae > Algae is one of the fastest growing Via, — • - organisms in the world a 1= A Consuming almost hv7ce its weight ��� -•U-- �, in COz, microalgae are the most cost w__� �-- .�"F`•_��- effective means of carbon sequestration available ➢ Algae is the BEST CO2 scrubber on the planet - VCNA ru:, Demonstration Project Agreed Design - Sealed D01Yll Principles • Industrial Solution • Non - Sterile Environment Local Algae Species —Not Bioengiueered Microecology • No permitting "Off- the - shelf' wherever possible Include Academia wherever possible 1 MCNA ., v Biofitel Yields 8lofuelAnnaa[Ytelds (per acreJ Algae! } cornjr } E I sunflowej i i Peanut; !: I , 6oYJ i Rapeseedj'� tt# Coconvtt� ` � t lOR Palm;',__ J J 0 2000 4000 6000 8000 lowo 1� Gallons or Oil p¢r Atre -Year VCNA Microalgae > Algae is one of the fastest growing Via, — • - organisms in the world a 1= A Consuming almost hv7ce its weight ��� -•U-- �, in COz, microalgae are the most cost w__� �-- .�"F`•_��- effective means of carbon sequestration available ➢ Algae is the BEST CO2 scrubber on the planet - VCNA ru:, Demonstration Project Agreed Design - Sealed D01Yll Principles • Industrial Solution • Non - Sterile Environment Local Algae Species —Not Bioengiueered Microecology • No permitting "Off- the - shelf' wherever possible Include Academia wherever possible 1 VCNA tl., Where next? Currently Re- tooling PVF • Increase Academic Collaboration 13 Month validation period • Implement New Tecimologies — Currcnt; 0,5 g/i — Lab; 8 0 (some higher) • 30% to 50% of Full Scale after validation SDTC; Next -Gen Biolffiels Fund? 4 '.t UNI ! tit; �.; 1 �;�i�i =u) k b� With the ongoing implementation of carbon reduction legislation, major industrial facilities in Canada and around the world are looking for ways to reduce their carbon dioxide (CO2) emissions without breaking the bank. For many industries, future CO2 emissions have been benchtnarked or "capped." Exceeding these amounts will result in significant increased taxes or force the purchase of offsetting CO2 credits in the open market. Current alternative technologies for carbon capture are not yet proven, too expensive or require vast amounts of land in order to be effective. "Toronto -based Pond Biofuels Inc. has a solution that slashes both cost and space. Erected next to any kind of fossil fuel - burning plant or facility, Pond Biofuels' system includes a network of bioreactors that utilize microalgae to convert the CO2 emissions of major industrial emitters into high - energy biomass. So clients are not only reducing emissions, they are also creating a biofuel — either for their own use, or to sell to other customers. Protein -rich algae biomass can also be used for animal feed. Algae is viewed as a potential source of second generation biofuel that could surpass other biofuels due to its rapid growth, extremely high yield potential and suitability for current infrastructure, And Pond Biofuels' technology generates the highest biomass yields on the smallest footprint and at the lowest cost of any known competitor. Initially a recipient of the Investment Accelerator Fund (IAF), through Ontario Centres of Excellence (OCE), Pond Biofuels then worked with OCE's Centre for Commercialization of Research (CCR) to secure its intellectual property to allow the company to go to market broadly. "Pond Biofuels has been able to leverage the contribution of OCE and its new Centre for Commercialization of Research to achieve a leadership position in the algae /biomass industry," said Terry Graham, Chairman, Pond Biofuels Inc. With the successful completion of its demonstration plant at St. Mary's Cement (a Brazilian parent company of St. Mary's that owns 25 cement plants worldwide), Pond Biofuels envisions reducing harmful emissions at cement and steel plants, coal - fired power generating stations, oil refineries and a collection of chemical industries across the globe. Canada OCE's Centre for Commercialization of Research is supported by the federal government through a Networks of Contres of Excellence program. ry> r Ontario The Ontario Curves of Excellence Prograrn Is made posNbA) thm"'Jh ih, foanci al support or 11-e pro,dnoe of Ontario, a REPORT TO COUNCIL MEETING OF DECEMBER 19, 2011 REPORT #1 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, DECEMBER 12, 2011 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) LGL- 013 -11 Confidential Report - Application for Expropriation of Lands Necessary for the Reconstruction of a Portion of Elliott Road (b) EGD- 039 -11 Monthly Report on Building Permit Activity for November, 2011 2. DELEGATION OF ROSEMARY MCCONKEY, REGARDING THE LOCAL LOOK BACK PROJECT THAT the delegation of Rosemary McConkey, regarding the Local Look Back Project, be referred to Staff, in consultation with the appropriate groups, to report back to the General Purpose and Administration Committee in January, 2012. 3. APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM APPLICANT: H &H PROPERTIES INC. THAT Report P.SD- 096 -11 be received; THAT Council concurs with the decision of the Director of Planning Services to issue Draft Approval of the proposed Plan of Condominium submitted by H & H Properties Inc.; THAT a copy of Report PSD- 096 -11 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD- 096 -11 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - December 19, 2011 4. APPLICATION FOR EXPROPRIATION OF LANDS NECESSARY FOR THE RECONSTRUCTION OF A PORTION OF ELLIOTT ROAD THAT Council authorize an application to be made to the Council of the Corporation of the Municipality of Clarington, as the approving authority under subsection 4(1) of the Expropriations Act, for approval of the expropriation of the following interests in land that are required to facilitate necessary upgrades to Elliott Road: (a) a temporary easement or right in the nature of a temporary easement expiring on December 31, 2014 in, under, over, along and upon the land shown as Parts 1 and 2 on Attachment 1 to Report PSD- 097 -11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the reconstruction of Elliott Road and for the purpose of installing temporary silt fencing and permanent fencing; (b) a permanent easement or rights in the nature of a permanent easement in, under, over, along and upon the land shown as Part 3 on Attachment 1 to Report PSD- 097 -11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the construction, maintenance, alteration, inspection, repair and operation of stream crossings and erosion protection works; (c) a permanent easement or right in the nature of a permanent easement in, under, over, along and upon the land shown as Part 4 on Attachment 1 to Report PSD- 097 -11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the construction, maintenance, alteration, inspection and repair of a stream crossing; THAT the Municipal Clerk be authorized to serve and publish a Notice of Application for Approval to Expropriate Land as required by the Expropriations Act; THAT the Municipal Clerk be authorized to forward to the Chief Inquiry Officer any requests fora hearing of necessity that are received; THAT staff be directed to represent the Municipality at any hearing of necessity; THAT Council, as the approving authority under the Expropriations Act, approve the expropriation of the interests in land described in Recommendation 1 of Report PSD- 097 -11, provided there is no hearing of necessity; and Report #1 - 3 - December 19, 2011 THAT, if approval to expropriate is given, the Municipal Clerk and Mayor be authorized to take such steps as are necessary to vest in the Municipality the interests in land described in Recommendation 1 of Report PSD- 097 -11, and obtain possession. 5. APPLICATION FOR REMOVAL OF HOLDING APPLICANT: WEST DIAMOND PROPERTIES INC. (METRUS) THAT Report PSD- 098 -11 be received; THAT the application submitted West Diamond Properties Inc. and Players Business Park Ltd, to remove the Holding (H) symbol be approved; THAT the By -law attached to Report PSD- 098 -11 to remove the Holding (H) Symbol for lots to be transferred to Jeffery Homes identified on the schedule to the By -law (Attachment 2 to Report PSD- 098 -11) be passed; THAT a subsequent By -law attached to Report PSD- 098 -11 be forwarded to Council to remove the Holding (H) Symbol on the balance of the lots to be transferred to Brookfield Homes upon fulfillment of the balance of the terms and conditions in the Subdivision Agreement; and THAT a copy of the by -laws be forwarded to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC) and that all interested parties listed in Report PSD- 098 -11 and any delegations be advised of Council's decision. 6. APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT CONTROL BLOCKS 90, 91 AND 92 OF 40M -2364 CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED THAT Report PSD- 099 -11 be received; THAT the application submitted on behalf of Claret Investments Limited and 1361189 Ontario Limited to remove the Holding (H) symbol be approved; THAT the By -law attached to Report PSD -099 -11 to remove the Holding (H) Symbol be passed and a copy forwarded to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC); THAT the request for Removal of Part Lot Control with respect to Blocks 90, 91 and 92 of 40M -2364 be approved and that the By -law attached to Report PSD- 099 -11, a Part Lot Control By -law be passed pursuant to Section 50 (7.1) of the Planning Act, Report #1 - 4 - December 19, 2011 THAT a copy of Report PSD- 099 -11 with attachments and approved By -law for the Removal of Part Lot Control be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD- 099 -11 and any delegations be advised of Council's decision. 7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 1, 2011 THAT Report PSD- 100 -11 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on December 1, 2011 for applications A2011 -0039, A2011 -0040, and A2011 -0041; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 8. AMENDMENT TO FEES BY -LAW RELATED TO PLANNING AND DEVELOPMENT APPLICATIONS THAT Report PSD- 101 -11 be received; THAT the By -law attached to Report PSD- 101 -11, being a By -law to require the payment of fees for information and services provided by the Municipality of Clarington be approved; and THAT all interested parties to Report PSD- 101 -11 be advised of Council's decision. 9. DELEGATION OF AUTHORITY IN PLANNING SERVICES FUNCTIONS THAT Report PSD- 102 -11 be received; THAT Council pass a by -law to delegate to the Director of Planning Services the following additional functions: (a) the authority to execute agreements imposed or required in satisfaction of any condition of approval under the Planning Act regarding the development of land including plans of subdivision, plans of condominium, land division, exemption from part lot control, site plans and rezoning; (b) the authority to approve releases from agreements where development has not proceeded; Report #1 5 - December 19, 2011 (c) the authority to refuse a planning application where the file has remained inactive for more than one (1) year and only after the applicant has been given 60 days written notice that the application will be refused and has not responded or objected; (d) the authority to approve draft plans of condominium where a public meeting is not required in accordance with Section 9(10) of the Condominium Act and Reg. 544/06 of the Planning Act; (e) the authority to approve part lot control applications so that the by -law would be presented directly to Council for adoption without debate; THAT the Procedural By -law be amended to implement Sections 4.1 and 5.1 of Report PSD -102 -11; and THAT the Region of Durham Planning Department and all interested parties to Report PSD- 102 -11 be notified of Council's decision. 10. AMENDMENT TO SIGN BY -LAW 2009 -123 AND DELEGATION OF AUTHORITY FOR MINOR VARIANCES THAT Report PSD- 103 -11 be received; THAT the By -law to delegate authority to approve minor variances to the Sign By- law to the Director of Planning Services and to amend the Sign By -law, as per Attachment 1 to Report PSD- 103 -11 be approved; THAT the power to approve minor variances to the Sign By -law, as detailed in the amendment to the Sign By -law included in Attachment 1 to Report PSD- 103 -11, be deemed by Council to be minor in nature; and THAT all interested parties to Report PSD- 103 -11 be advised of Council's decision. 11. JOSEPH ATKINSON PARKETTE THAT Report EGD- 040 -11 be received; THAT the grounds surrounding the southwest side of the Newcastle Library be named Joseph Atkinson Parkette; THAT the grounds north of the library parking lot continue to be named Newcastle Memorial Park; and THAT all interested parties listed in Report EGD- 040 -11 be advised of Council's decision. Report #1 12. TOWING INDUSTRY REQUEST - 6 - December 19, 2011 THAT Report CLD- 035 -11 be received; THAT the correspondence received from Glen Morrow of the Ontario Federation of Independent Towers be received for information; and THAT Mr. Morrow be advised of Council's action. 13. APPOINTMENT TO ORONO ARENA BOARD THAT Report CLD- 036 -11 be received; THAT the resignation of Raymond Best from the Orono Arena Board be received, with regret, and that he be thanked for his contribution to the Board; THAT Jackie Moore be appointed to the Orono Arena Board for a term concurrent with Council; and THAT all interested parties listed in Report CLD- 036 -11 be advised of Council's decision, 14. SCHEDULE OF MEETINGS AMENDMENT THAT Report CLD- 037 -11 be received; THAT the schedule of meetings for the term of Council be amended as follows: (a) THAT the Council meeting scheduled for July 9, 2012 be rescheduled to Tuesday, July 3, 2012 at 7:00 p.m.; (b) THAT the GPA meeting scheduled for July 16, 2012 and the Council meeting scheduled for July 23, 2012 . be cancelled; (c) THAT the Council meeting scheduled for July 8, 2013 be rescheduled to Tuesday, July 2, 2013 at 7:00 p.m.; (d) THAT the GPA meeting scheduled for July 15, 2013 and the Council meeting scheduled for July 22, 2013 be'cancelled; (e) THAT the GPA meeting scheduled for July 14, 2014 and the Council meeting scheduled for July 21, 2014 be cancelled; and THAT the Municipal Clerk provide appropriate notice of the amendments to the meeting schedule. Report #1 - 7 - December 19, 2011 15. RESPONSIBLE PET OWNERS BY -LAW — FEE SCHEDULE THAT Report CLD- 038 -11 be received; THAT Council approve the proposed fee structure changes to be effective January 1, 2012; THAT a lifetime for licensing fee for cats and dogs, in the amount of $80, be approved; THAT the draft amending by -law attached to Report CLD- 038 -11 be approved as amended by adding a lifetime license category for cats and dogs in the amount of $80; and THAT all interested parties be advised of Council's decision. 16. PROPOSED - NUISANCE BY -LAW THAT Report LGL- 012 -11 be received; THAT the By -law attached to Report LGL- 012 -11 be approved; and THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of Council's decision. 17. PURCHASE OF A PRE -BUILT PUMPER THAT Report COD - 037 -11 be received; THAT Fort Garry Fire Trucks Limited, Winnipeg, Manitoba with a total bid in the amount of $590,268.04 (Net of H.S.T. Rebate) be awarded the contract for the supply and delivery of a 2012 Model 1250 GPM Spartan Gladiator Pumper complete with equipment as required by the Emergency and Fire Services Department; and THAT the required funds be drawn from the Fire and Emergency Services Department 2011 Capital Account # 110 -28- 388 - 82812 -7401. 18. GREEN MUNICIPAL FUND APPLICATION FOR 173 BASELINE ROAD, BOWMANVILLE THAT Report FND- 024 -11 be received; THAT staff submit an application for the feasibility studies and field tests grant available in the Green Municipal Fund program offered by Federation of Canadian Municipalities; Report #1 - 8 - December 19, 2011 THAT staff send a letter to the provincial government advising that the Municipality of Clarington is submitting an application for a grant from the Green Municipal Fund program offered by Federation of Canadian Municipalities; and THAT the funding for the updated supplemental environmental site assessment phase 2 and if applicable, a updated phase 1 environmental site assessment , designated substance survey and partial site remediation be drawn from the rent monies collected even if the municipality is unsuccessful in its Green Municipal Fund grant application. 19. SPECIAL PROVINCIAL FUNDING TO COVER MUNICIPAL DEFICITS WHEREAS the Municipal Act requires that municipalities operate on a balanced budget; AND WHEREAS all municipal councils face difficult decisions in the budget process in balancing (i) the needs of their communities; and (ii) being fiscally responsible; NOW THEREFORE BE IT RESOLVED THAT: a) The Municipality write to the Premier of Ontario respectfully requesting that if any municipality in Ontario receives special funding from the Province to cover a budget deficit, that all local municipalities receive the same per capita funding from the Province; and b) That a copy of this resolution be forwarded to John O'Toole, MPP for Durham, the Association of Municipalities of Ontario, and all municipalities in Ontario requesting that they endorse this resolution. 20. REQUEST FOR PROVINCIAL REGULATIONS REGARDING COMMERCIAL FILL OPERATIONS WHEREAS municipalities are faced with requests from Commercial Fill Operators to place fill in, for example, either previously undisturbed areas or expired gravel extraction pits; AND WHEREAS municipalities have limited resources and ability to regulate this type of operation other than through zoning restrictions and agreements associated predominantly with operational protocol; AND WHEREAS the issue of soil quality of fill imported to a receiving site potentially has a significant cross jurisdictional environmental impact that should be elevated to the Provincial level through the Ministry of the Environment; Report #1 - 9 - December 19, 2011 AND WHEREAS the Ministry of the Environment has established criteria for quality of fill for Brownfield redevelopment but not for the importation and placement of fill within, as an example, undisturbed areas or expired gravel extraction pits; BE IT THEREFORE RESOLVED that the Province, through the Ministry of the Environment, establish guidelines, regulations and a Provincially regulated approval process to govern the quality of fill imported to a receiving site other than for the purpose of Brownfield redevelopment; AND FURTHER, THAT the Clerk forward copies of this resolution to York - Simcoe MPP, Julia Munroe, the Ministry of the Environment, the Association of Municipalities of Ontario and all Ontario Municipalities for their consideration. SUMMARY OF BY -LAWS December 19, 2011 BY -LAWS 2011 -099 Being a by -law to regulate and prohibit public nuisances (Item 16 of Report #1) 2011 -114 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle [West Diamond Properties Inc. (Metrus)] (Item 5 of Report #1) 2011 -115 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (West Diamond Properties Inc. and Players Business Park) (Item 5 of Report #1) 2011 -116 Being a by -law to amend By -law 84 -63, the Zoning By -law for the Corporation of the Municipality of Clarington (Claret Investments Limited and 1361189 Ontario Limited) (Item 6 of Report #1) 2011 -117 Being a by -law to exempt certain portion of Registered Plan 40M -2364 from Part Lot Control (Item 6 of Report #1) 2011 -118 Being a by -law to amend Schedule A of the Fee By -law 2010 -142 (Item 8 of Report #1) 2011 -119 Being a By -law to delegate authority to the Director of Planning Services (Item 9 of Report #1) 2011 -120 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 (Item 9 of Report #1) 2011 -121 Being a by -law to amend Sign By -law 2009 -123, as amended, of the Municipality of Clarington (Item 10 of Report #1) 2011 -122 Being a by -law to amend By -law 2006 -227, as amended, to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein (Item 15 of Report #1)