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HomeMy WebLinkAbout12/19/2011 Council Meeting Minutes DECEMBER 19, 2011 Minutes of a regular meeting of Council held on December 19, 2011 at 7:00 p.m., in the Council Chambers. Councillor Neal led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Manager of Infrastructure, R. Albright Municipal Solicitor, A. Allison Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, attended until 7:28 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 There were no pecuniary interests stated at this meeting. ANNOUNCEMENTS Councillor Novak extended congratulations to the Region of Durham Works Department for receiving the Recycling Council of Ontario’s Platinum Municipal Diversion Award in recognition of waste minimization and diversion efforts and advised of the following events she attended:  the official opening of Charles Bowman Public School  the Clarington Board of Trade Holiday Social  the Firehouse Youth Centre Christmas Dinner  the Clarington Older Adults Centre Christmas Concert Council Meeting Minutes - 2 - December 19, 2011 Councillor Neal announced that he had also attended the following events:  the official opening of Charles Bowman Public School  the Clarington Board of Trade Holiday Social  the Clarington Older Adults Centre Christmas Concert  the Firehouse Youth Centre Christmas Dinner Councillor Hooper announced that in addition to attending the events previously mentioned, he also attended the Emergency and Fire Services luncheon and brought greetings on behalf of the Mayor and Members of Council. Councillor Woo also attended the events previously mentioned and acknowledged the Clarington Concert Band’s performance at the Clarington Older Adult Centre. He also extended congratulations to Keith Brettell, Chair of the Clarington Accessibility Advisory Committee who was recognized in “The Citizen”, Durham Region’s Diversity Focused Newsletter, for his entrepreneurship in starting his own business “Casper’s Tack Cleaning Service”. Councillor Traill thanked Members of Council for attending the “Christmas in Tyrone” event which featured a visit from Kris Kringle. She also attended the Firehouse Youth Centre Christmas dinner and acknowledged sponsors of the event. She also enjoyed the Christmas concert at the Clarington Older Adults Centre. Mayor Foster announced the following:  Durham Regional Police have laid 122 charges to date for the RIDE Program, compared to 109 charges laid last year.  He extended appreciation to the Courtice Lions Club for sponsoring “Skate with Santa” at the Courtice Arena. th  He attended the Navy League’s 30 Annual Ships Company Dinner  The Municipality will be receiving a grant in the amount of $217,500 to assist with the development of a “Green Permit” Program to encourage developers to build more sustainable communities.  He will be giving his Annual State of Clarington address at the first meeting in 2012. Resolution #C-536-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held December 5, 2011, be approved. “CARRIED” Council Meeting Minutes - 3 - December 19, 2011 PRESENTATIONS Mayor Foster presented a Congratulatory Certificate to Dr. Kenneth W. Knox in recognition of his Induction into the Ontario Agricultural Hall of Fame and for receiving an Honourary Doctorate from the University of Guelph in 2011. DELEGATIONS There were no delegations scheduled for this meeting. COMMUNICATIONS Resolution #C-537-11 Moved by Councillor Woo, seconded by Councillor Traill THAT the communications to be received for information be approved. “CARRIED” I - 1 Minutes of the Clarington Accessibility Advisory Committee dated December 7, 2011 I - 2 Minutes of the Ganaraska Region Conservation Authority dated October 20, 2011 I - 3 Minutes of the Clarington Agricultural Advisory Committee dated December 8, 2011 I - 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. I - 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 Council Meeting Minutes - 4 - December 19, 2011 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. I - 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. I - 7 Karen Bastas, Chairperson, The Newcastle Parade Committee expressing th appreciation to Council for the grant received for their 7 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. I - 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 rd the Regional Clerk on or before the 3 day of January, 2012. I - 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 rd Regional Clerk on or before the 3 day of January, 2012. Council Meeting Minutes - 5 - December 19, 2011 I - 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 rd before the 3 day of January, 2012. CORRESPONDENCE FOR DIRECTION Resolution #C-538-11 Moved by Councillor Traill, seconded by Councillor Partner THAT Correspondence Items D - 1 to D - 5 be approved as per the Agenda. “CARRIED” 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. (Correspondence referred 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/paulyuzyk. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 6 - December 19, 2011 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. (Bill Stapleton re-appointed to the Ganaraska Forest Recreational User Committee for 2012) 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. (Approval granted for the release of $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. (Correspondence referred 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. Resolution #C-539-11 Moved by Councillor Traill, seconded by Councillor Partner THAT Correspondence Item D - 6 from Braeden Lavigne, requesting that an annual go-kart race be held in Clarington, be referred to staff. “CARRIED” Council Meeting Minutes - 7 - December 19, 2011 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. Resolution #C-540-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item D – 7 from Shawna Mutton, Durham Sustain Ability, requesting financial support for Durham Partners in Project Green (DPPG), be referred to staff. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report December 12, 2011. Resolution #C-541-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of December 12, 2011 be approved, with the exception of Items #14 and #16. “CARRIED” Item #14 Resolution #C-542-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report CLD-037-11 be received; Council Meeting Minutes - 8 - December 19, 2011 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. and that a Council meeting be scheduled for Tuesday, February 21, 2012; (b) THAT the GPA meeting scheduled for July 16, 2012 and the Council meeting scheduled for July 23, 2012 be cancelled, and that a General Purpose and Administration Committee meeting be scheduled for Monday, March 12, 2012; (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. “MOTION LOST” Resolution #C-543-11 Moved by Councillor Novak, seconded by Councillor Partner 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 Council Meeting Minutes - 9 - December 19, 2011 THAT the Municipal Clerk provide appropriate notice of the amendments to the meeting schedule. “CARRIED” Item #16 Resolution #C-544-11 Moved by Councillor Neal, seconded by Councillor Hooper 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. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. Council Meeting Minutes - 10 - December 19, 2011 BY-LAWS Resolution #C-545-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2011-099 and 2011-114 to 2011-122 2011-099 Being a by-law to regulate and prohibit public nuisances 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)] 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) 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) 2011-117 Being a by-law to exempt certain portion of Registered Plan 40M-2364 from Part Lot Control 2011-118 Being a by-law to amend Schedule A of the Fee By-law 2010-142 2011-119 Being a By-law to delegate authority to the Director of Planning Services 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 2011-121 Being a by-law to amend Sign By-law 2009-123, as amended, of the Municipality of Clarington 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; and THAT the said by-laws be approved. “CARRIED” Council Meeting Minutes - 11 - December 19, 2011 PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Neal requested a status on the meeting to review the Provincially- Significant Wetlands. The Director of Planning Services advised staff have incorporated the issue into the broader Official Plan program and will be reporting to Council in January. Councillor Woo requested an update on the Ontario Municipal Board Hearing regarding the No Frills Grocery store in Newcastle. The Director of Planning Services indicated that the hearing was held on Thursday and the Board Member issued a decision to approve the Zoning By-law and Official Plan amendments. Staff is working on the final review of the Site Plan Application. Councillor Hooper suggested that St. Marys Cement be invited to make a presentation to Council regarding their algae farm project. Mayor Foster indicated that he would facilitate the scheduling of the presentation. Mayor Foster advised that, due to unforeseen circumstances, the Special General Purpose and Administration Committee meeting to review the 2012 Budget has been deferred to January 27, 2012. Mayor Foster and Members of Council extended Season’s Greetings to all. CONFIRMING BY-LAW Resolution #C-546-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2011-123, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 19 day of December, 2011; and THAT the said by-law be approved. “CARRIED” Council Meeting Minutes - 12 - December 19, 2011 ADJOURNMENT Resolution #C-547-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the meeting adjourn at 7:36 p.m. "CARRIED" IAI 1 4 M Y R MU I LERK