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HomeMy WebLinkAbout02/13/2012 Council Meeting Minutes FEBRUARY 13, 2012 Minutes of a regular meeting of Council held on February 13, 2012 at 7:00 p.m., in the Council Chambers. Councillor Traill led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Senior Planner, L. Backus, attended until 9:10 p.m. Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, attended until 7:53 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid, attended until 7:25 p.m. Director of Corporate Services and Human Resources, M. Marano Manager of Community Planning & Design, C. Salazar attended until 9:10 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring an interest with respect to Item #3 of Report #1 and By-law 2012-007. Later in the meeting, Councillor Novak stated a pecuniary interest with respect to a matter raised under Other Business. Council Meeting Minutes - 2 - February 13, 2012 ANNOUNCEMENTS Councillor Partner announced that on Friday evening she attended the Benefit Dance on behalf of the Colville family at the Orono Arena. Councillor Traill issued a reminder that tomorrow night the Tyrone Community Centre will host a Valentine’s Café night featuring music, chocolates, desserts and coffee and on Wednesday, there is a fundraiser in support of the new Mammography Clinic with tickets available for $30. Councillor Woo announced the following:  On Sunday afternoon, February 12, 2012, he attended the Clarington Concert Band concert held at the Bowmanville High School. The concert featured performances by Concert Pianist Cheryl Duvall and Violinist Andrew Sords.  This Thursday, at the Garnet B. Rickard Recreation Complex, the Clarington Board of Trade will be hosting lunch with Regional Chair Roger Anderson who will bring updates and future plans taking place within Durham Region.  On Thursday afternoon, Central School will be holding a “Give Your School a Hug” Event to recognize how school is an important foundation for children and providing an opportunity for students to identify ways to make their school better. Councillor Hooper announced the following:  In celebration of Heritage Week, the Clarington Heritage Committee and the Clarington Branch of the Architectural Conservancy of Ontario (ACO) are co- sponsoring speaker Peter J. Stokes, a leading restoration architect who will be speaking on Inspired Adaptations – Finding New Purpose for Old Structures on Saturday, February 25, 2012 at 2:00 p.m. in the Council Chambers. Admission is free by donation to the ACO Clarington Branch. th  The 9 Annual Winter WonderLearn will be held at both the Newcastle Branch of the Clarington Public Library and the Newcastle & District Recreation Complex with interactive workshops and activities for the whole family. There will be a shuttle service between the two locations.  The Clarington Public Library, Bowmanville Branch, will be offering a four-week Interactive Ready to Read Workshop starting Tuesday, February 7, 2012.  He attended the Clarington Older Adult Association’s “Showcase of the Arts” fundraiser on February 9, 2012, which featured artwork, carvings, photography and a play.  He attended a Ladies Fashion Show at St. John’s Anglican Church.  On February 25, 2012, Eninskillen United Church is hosting a Waste Collection Project for old televisions, stereos, computers, etc. Councillor Neal announced that he attended the opening of the Café Bistro in Newtonville. Council Meeting Minutes - 3 - February 13, 2012 Councillor Partner announced that she had also attended the grand opening of the Café Bistro in Newtonville. Councillor Novak advised of the following events she attended:  A breakfast meeting for “International Networking Week” On February 9, 2012.  The Clarington Older Adult Association’s “Showcase of Arts”.  The Durham Regional Transit Media Event on Friday, February 10, 2012 announcing that Durham Region Transit has received15 new conventional 12 m buses and eight Specialized Service buses purchased through the Metrolinx Transit Procurement Initiative.  The Highway 401 Public Information Centre regarding the widening of Highway 401 from Courtice Road to Boundary Road and improvements to underpasses at Cobbledick Road and East Townline Road. Councillor Novak also announced that Veridian Connections Inc. has received a Readers’ Choice Award for being voted the number one Energy Service Provider in Durham Region. Mayor Foster announced the following:  On Friday, February 10, 2012, Finance Minister and Whitby-Oshawa MP Jim Flaherty and Oshawa MP Colin Carrie announced that Oshawa's Harbour Commission is now a port authority which will help attract investment to the region, support economic growth and create jobs.  On Friday, he attended the Global Cities Indicator Facility Reception. The Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing and Minister of Aboriginal Affairs and Senator Art Eggleton were in attendance.  He attended a Great Lakes meeting where the Honourable Jim Bradley, Minister of the Environment, spoke about plans and policies for the Great Lakes.  He attended a luncheon with the Honourable Chris Bentley, Minister of Energy where the Minister spoke on energy and New Build.  On February 14, 2012, there will be a Ribbon Cutting at Rejuvenation Health and Wellness Spa on Temperance Street.  The Rotary Club and Lions Club Elimination Draw will be held at the Clarington Beech Centre on February 15, 2012.  There is still time to register for the Big Brothers and Big Sisters “Bowl for Kid’s Sake” Event, February 21 to 25, 2012.  On Wednesday, February 22, 2012, Leader Resources Services Corp. will be holding a public meeting at the Newcastle Community Hall on proposed renewal energy project (wind farms) down by the lake at Port Granby. Council Meeting Minutes - 4 - February 13, 2012 Resolution #C-059-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held January 30, 2012, be amended by adding the following to Section 2 i of Resolution #C-039-12 and Resolution #C-048-12: “being 50% of the full salary, with the position fully funded in 2013.” “CARRIED” PRESENTATIONS Mayor Foster presented a Certificate of Accomplishment to Paul Vaneyk in recognition of his 30 years of Long-Standing Service to the Ontario Seed Growers’ Association. Glen Brown, Director, Ontario Heritage Trust, addressed Council providing a brief history of the establishment of the Ontario Heritage Trust in 1967, as the Province’s leading heritage agency and the development of the Awards Program in 1996 to honour volunteers. Mr. Brown indicated that it is his pleasure to bring greetings from the Board of Directors and to celebrate those who make heritage trust part of their lives. Mr. Brown stated that this evening he is delighted to present the 2011 Heritage Community Recognition Program Certificate of Achievement to Ed Vanhaverbeke in appreciation of his volunteer work in identifying, preserving, protecting and promoting Ontario’s rich built and the 2011 Young Heritage Leaders Certificate of Achievement to Gabbie Kirkwood for her significant contribution to the conservation of Ontario’s heritage by preserving history and quality of life. Mr. Brown also commended Council for supporting the preservation of Ontario’s heritage. Mr. Brown and Mayor Foster presented Certificates and pins to Ed Vanhaverbeke and Gabbie Kirkwood. DELEGATIONS Libby Racansky addressed Council concerning Item # 2 of Report #1 - Amendment 77 to the Municipality of Clarington Official Plan to Incorporate the Requirements and Permissions Afforded to the Municipality as a Result of Bill 51, The Planning Conservation Land Statute Law Amendment Act, 2006, Places To Grow Act, 2005, The Greenbelt Act, 2005, The Ontario Heritage Act and The Provincial Policy Statement, 2005. Through use of a PowerPoint presentation, Ms. Racansky referred to specific sections of Official Plan Amendment No. 77, with respect to implications of climate change, the need to go beyond minimum standards and set-backs to protect the natural environment, the need to review street patterns to ensure public streets do not create an environmental impact on the community and questioning why Council is requesting the Province to extend the urban boundary for employment use. Council Meeting Minutes - 5 - February 13, 2012 Ms. Racansky stated that urban design should be sustainable and urged Council to consider making changes to Clarington’s Official Plan so that it reflects Bill 51 to create sustainable and healthy communities without unnecessary financial or safety impacts. Ron Armstrong, Armstrong Harrison Associates, addressed Council on behalf of Abraham Afana, Abe’s Auto Recycling, concerning Item # 2 of Report #1 - Amendment 77 to the Municipality of Clarington Official Plan to Incorporate the Requirements and Permissions Afforded to the Municipality as a Result of Bill 51, The Planning Conservation Land Statute Law Amendment Act, 2006, Places To Grow Act, 2005, The Greenbelt Act, 2005, The Ontario Heritage Act and The Provincial Policy Statement, 2005. Mr. Armstrong stated Abe’s Auto Recycling is currently operating as a legal non-conforming use in a residential designation at 2532 Concession Road 3 and Mr. Afana has been searching for a replacement property in Clarington to relocate the business. He noted that this relocation is now frustrated due to certain provisions of Official Plan Amendment 77. Mr. Armstrong expressed concern that a number of sections of the Official Plan will, if approved in its present form, prevent Abe’s from moving to any location in Clarington unless the OPA is not revised. He stated there are unintended consequences for developers, particularly in the Northglen neighbourhood, because of the freeze imposed on the lands surrounding Abes Auto Recycling pending abandonment of the legal non-conforming industrial use of the site. Mr. Armstrong stated that he has met with staff to suggest clauses that would address these matters and requested a meeting with their Planners and Solicitors to draft suitable clauses intended to relate only to this specific situation, that would not apply to any other similar business seeking to locate in Clarington, would not be transferrable, would end the industrial use in the residential area and would require approval of the complete circulation of planning documents; however, this request was not granted as staff believe that OPA 77 is not the venue to deal with this situation. Mr. Armstrong stated his experts believe that an Official Plan Review is the appropriate time to deal with the matters. He reminded Council that Mr. Afana has shown great loyalty to the Municipality of Clarington throughout the process and there is a risk that the planned increase in employment between 100 and 125 persons will be lost to another municipality. Mr. Armstrong urged Council to refer the matter back to staff in order that staff and their consultants can draft suitable clauses to be included in OPA 77 and avoid the significant costs and time of any Ontario Municipal Board appeal. Kirk Kemp addressed Council concerning Item # 2 of Report #1 - Amendment 77 to the Municipality of Clarington Official Plan to Incorporate the Requirements and Permissions Afforded to the Municipality as a Result of Bill 51, The Planning Conservation Land Statute Law Amendment Act, 2006, Places To Grow Act, 2005, The Greenbelt Act, 2005, The Ontario Heritage Act and The Provincial Policy Statement, 2005. Mr. Kemp confirmed that he is not a partner of Mr. Armstrong and that he grew up beside the property where Abe’s is located. He noted that the site did not disturb his farming business but expressed concern that now that it is designated for residential homes there will be a lot of people disappointed when they move in and realize the type of business being conducted around them. Council Meeting Minutes - 6 - February 13, 2012 Mr. Kemp stated he has difficulty understanding why it would not be better to move the business to an industrial area. Mr. Kemp suggested that staff and Council investigate a way to accommodate this business and allow it to be relocated where it can be upgraded, expanded and create jobs. Resolution #C-060-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:18 p.m. COMMUNICATIONS Resolution #C-061-12 Moved by Councillor Woo, seconded by Councillor Traill THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 3, I - 8, and I - 9. “CARRIED” I - 1 Minutes of the Clarington Older Adult Association Board of Directors dated January 20, 2012 I - 2 Minutes of the Clarington Accessibility Advisory Committee dated February 1, 2012 I - 4 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA) advising of the release of the Bowmanville/Soper Creek Watershed Existing Conditions Report which incorporates input received from stakeholders, agencies and the public; forwarding a CD of the final report; and, indicating that the report is also accessible at www.cloca.com under ‘Latest News’. Council Meeting Minutes - 7 - February 13, 2012 I - 5 Mirka Januszkiewicz, P.Eng., MASc., MBA, Director of Waste Management Services, Regional Municipality of Durham, advising that on November 30, 2011, Regional Council approved changes to the existing residential metal goods call-in service program effective February 13, 2012 to accommodate an enhanced curbside recycling collection program for electronics (e-waste) and porcelain (toilets); forwarding a sample of a communiqué that will be distributed to the public for their information; and suggesting comments from constituents be directed to the Region’s website at www.durhamregionwaste.ca or the Works Department at 1-800- 667-5671 or waste@durham.ca. I - 6 The Honourable Charles Sousa, Minister of Citizenship and Immigration, advising that nominations for the Newcomer Champion Awards are being accepted until March 15, 2012 to recognize individuals and groups who have made a difference in their community and province through active citizenship and engagement in three categories: ChangeTheWorld Youth Ambassador, Community Leader and Newcomer Champion; and, indicating nomination forms and more information is available at www.ontario.ca/honoursandawards. I - 7 The Honourable Charles Sousa, Minister of Citizenship and Immigration, advising that nominations for the Lincoln M. Alexander Award 2012 are being accepted until May 31, 2012 to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination; and, advising that nomination forms and information outlining details of the program are available at www.ontario.ca/honoursandadwards. I - 8 Melodee Smart, Administrative Assistant, Commissioner’s Office, Works Department, Regional Municipality of Durham, forwarding an electronic copy of the Works Committee Agenda for February 1, 2012, Report 2012- WR-1: Revised Energy from Waste – Waste Management Advisory Terms of Reference (Item 6a) and draft EFW-WMAC minutes (Item 8b) for information. Resolution #C-062-12 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item I – 8 from Melodee Smart, Administrative Assistant, Commissioner’s Office, Works Department, Regional Municipality of Durham, with respect to the Regional Works Committee Agenda for February 1, 2012, be received for information. “CARRIED” Council Meeting Minutes - 8 - February 13, 2012 I - 3 Tyler Drygas, Consultant Senior Environmental Planner, URS Canada Inc., advising that URS has been retained by the Ministry of Transportation (MTO) to undertake two separate Preliminary Design and Class Environmental Assessment Studies for the rehabilitation and ultimate widening of Highway 401 from Courtice Road to Durham Regional Boundary (East Townline Road) and structural improvements for two Highway 401 underpasses located at Cobbledick Road and East Townline Road; indicating that a joint Public Information Centre (PIC) has been scheduled for Thursday, February 9, 2012 at the Newcastle Community Hall; inviting Members of Council and staff to attend a pre-PIC session to view the displays between 3:00 p.m. to 4:00 p.m. followed by the PIC from 4:00 p.m. to 8:00 p.m. with a brief overview of the project being presented at 5:00 p.m. and 7:00 p.m.; and advising that the displays will be available on the project website www.highway401improvementsclarington.ca after February 2, 2012. Resolution #C-063-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT Correspondence Item I - 3 from Tyler Drygas, Consultant Senior Environmental Planner, URS Canada Inc., with respect to Highway 401 improvements, be received for information. “CARRIED” I - 9 James Campbell, Executive Director and Craig Ryan, President, Board of Directors, Visual Arts Centre of Clarington, thanking Council and staff, particularly Nancy Taylor, Fred Horvath and Mike Williams, for their support of the Visual Arts Centre and for helping to ensure that the creativity of the present will continue to flourish in a 1905 Mill, and inspire for years to come. Resolution #C-064-12 Moved by Councillor Woo, seconded by Councillor Neal THAT Correspondence Item I - 9 from James Campbell, Executive Director and Craig Ryan, President, Board of Directors, Visual Arts Centre of Clarington, expressing appreciation for support of the Visual Arts Centre, be received for information. “CARRIED” Council Meeting Minutes - 9 - February 13, 2012 CORRESPONDENCE FOR DIRECTION Correspondence Item D –10 was received as a Hand-out. Resolution #C-065-12 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 6 and Hand-out Correspondence Item D - 10 be approved as per the Agenda, with the exception of Correspondence Item D – 5. “CARRIED” D - 1 David J. Crome, Director of Planning Services, requesting that May 7, 2012 be proclaimed as “School Crossing Guard Appreciation Day” in recognition of the valuable service and dedication to child safety provided by Clarington’s School Crossing Guards. (Proclaimed) D - 2 David Moorhouse, Treasurer, Pride Durham, requesting that June 4 to June 10, 2012 be proclaimed as “Pride Week” to celebrate and reinforce the message of tolerance, openness and hope and requesting permission to raise the Rainbow Flag, the international symbol of gay, lesbian, bisexual, transgendered and transsexual communities, for the week. (Proclaimed and permission granted to fly the Rainbow Flag for the week of June 4 to 10, 2012) D - 3 Faiza Kanji, General Manager, Volunteer Development, YMCA of Greater Toronto, requesting that April 15 to 21, 2012, be proclaimed “National Volunteer Week” in support of the many volunteers who donate their time to assist the YMCA in delivering life changing programs that help to build healthy communities for children, teens and young adults. (Proclaimed) Council Meeting Minutes - 10 - February 13, 2012 D - 4 James Bujak, P.Eng., Development Manager, Baywood Homes, forwarding comments with respect to Official Plan Amendment 77 on behalf of 1521285 Ontario Limited and 2086607 Ontario Limited, expressing concern that the replacing of the “Future Urban Residential” (FUR) has been deleted from OPA 77; suggesting that this is a significant step backwards and a clear sign that the Municipality is not interested in expediting development of designated urban land supply; and, requesting Council to direct staff to reinstate the component of OPA 77 which replaced policies regarding Future Urban Residential areas with Secondary Plan policies in the final form of the amendment. (Correspondence referred to the Director of Planning Services and the author advised of actions taken with respect to Report PSD-009-12) D - 6 Stephen Snider, President and Donna Donaldson, Executive Officer, Durham Region Home Builders’ Association, inviting Mayor Foster to attend their dinner meeting on Tuesday, March 27, 2012, and requesting that April 2012 be declared “New Homes Month” in recognition of new home construction and home ownership as a basic factor in economic progress and quality of life. (Proclaimed) D - 10 Sharon McCartney, Orono Town Hall Board, advising that the Board is holding fund raising events on Friday, March 2, Saturday, March 24, and Saturday, April 21 and requesting that Council designate their events as events of municipal significance in order for the LLBO to approve their Special Occasion Permit. (Fundraising events on March 2, March 24 and April 21 designated as events of municipal significance) D - 5 Anna Ouyang, requesting Council to defer a decision on her land located on the boundary of Clarington and Oshawa and any policies of the plan which affect the development of her property pending the Province’s review of the Greenbelt designation and policies in 2015; indicating that should Council agree to the deferral and should her lands be removed from the Greenbelt, she would have the opportunity to address Council in the future regarding designating her lands Residential/Living Area; indicating that her property is currently designated Major Open Space in the Official Plan and zoned agricultural; providing a rationale for the lands to be designated Residential/Living Area; and, suggesting from an economic development and strategic viewpoint, it is logical and good planning as it is contiguous development that utilizes existing infrastructure, it would maintain and enhance the area, and create more jobs and business to benefit the neighbourhood and the Municipality. Council Meeting Minutes - 11 - February 13, 2012 Resolution #C-066-12 Moved by Councillor Woo, seconded by Councillor Novak THAT Correspondence Item D – 5 from Anna Ouyang with respect to Official Plan Amendment #77 be referred to the Director of Planning Services and Ms. Ouyang be advised of actions taken with respect to Report PSD-009-12. “CARRIED” D - 7 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on January 31, 2012, Oshawa City Council adopted the following resolution pertaining to the Southwestern Ontario Development Fund: “WHEREAS on November 28, 2011 Premier Dalton McGuinty announced the creation of a new southwestern Ontario Development Fund to help communities in southwestern Ontario (including the Kitchener-Waterloo area, Barrie area, Windsor-Sarnia area, Stratford-Bruce Peninsula area, London area and Hamilton-Niagara area) attract new investment and create jobs; and, WHEREAS the proposed new fund will help address local economic development challenges in a time of global uncertainty; and, WHEREAS the fund would be modeled on the Eastern Ontario Development Fund which has helped create and protect over 11,700 jobs and leveraged over $485 million in investment across Eastern Ontario; and WHEREAS there is also a Northern Ontario Development Fund which assists communities in Northern Ontario attract new investment and jobs; and WHEREAS Durham Region is considered part of the Greater Toronto Area and will not have access to the new Southwestern Ontario Development Fund; and WHEREAS the Durham Region, which has a similar economic framework as Southwestern Ontario, will be at a significant disadvantage in attracting new investment and jobs if not included within the boundaries of this new fund; THEREFORE BE IT RESOLVED THAT Premier Dalton McGuinty and area MPP’s are urged to include Durham Region in the boundary for the Southwestern Ontario Development Fund and further that all Durham Region municipalities and Durham Region Council be encouraged to do the same.” Council Meeting Minutes - 12 - February 13, 2012 Resolution #C-067-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the resolution from the City of Oshawa, with respect to the Southwestern Ontario Development Fund, be endorsed. “CARRIED” D - 8 Ashley Mancuso, Council and Committee Services Coordinator, Town of Halton Hills, writing to Norm Miller, M.P.P., Muskoka, advising Council that on January 23, 2012, the Town of Halton Hills adopted the following resolution pertaining to Paving of Highway Shoulders: “WHEREAS Muskoka M.P.P. Norm Miller has re-introduced his Private Member’s Bill to Pave Highway Shoulders, which would enhance public safety for the motoring public, and promote active transportation in Ontario; AND WHEREAS if Mr. Miller’s bill is passed it would require a minimum one metre paved shoulder on certain provincially owned highways to improve public safety for cyclists pedestrians and motorists alike; AND WHEREAS studies in other jurisdictions confirm that where paved shoulders exist accidents are drastically reduced; AND WHEREAS there are obvious health benefits for individuals and society in general, as more opportunities are provided to cycle and walk for recreation, or for transportation; AND WHEREAS the Township of Carling passed a resolution to support M.P.P. Norm Miller’s Private Member’s Bill to pave highway shoulders; AND WHEREAS the Township of Carling requested that all municipalities in the Province of Ontario consider supporting the resolution; NOW THEREFORE BE IT RESOLVED: THAT the Town of Halton Hills supports the Private Member’s Bill to pave highway shoulders; AND FURTHER THAT a copy of this resolution be forwarded to the Township of Carling, Mr. Norm Miller, M.P.P., and to all municipalities in Ontario.” Council Meeting Minutes - 13 - February 13, 2012 Resolution #C-068-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT the resolution from the Town of Halton Hills, with respect to paving of highway shoulders, be endorsed. “CARRIED” D - 9 Peter Glen, Chair, Ontario 9-1-1 Advisory Board, requesting financial assistance from each municipal government in order to continue as the technical and information authority respecting the implementation and operation of 9-1-1 Emergency Number systems in Ontario; and, suggesting that a donation of $100 from each of Ontario’s 445 municipalities would create the funds for the Board to continue its work and represent the interests of municipal governments and their citizens on 9-1- 1 issues such as making submissions to hearings of the Canadian Radio- Television and Telecommunications Commission (CRTC), providing input on implementation issues related to wireless 9-1-1 service and Voice over Internet Protocol, maintaining the OAB 9-1-1 website – http://oab911.ca, developing public awareness; and liasing with all levels of government and the Canadian Wireless Telecommunications Association. Resolution #C-069-12 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item D - 9 from Peter Glen, Chair, Ontario 9-1-1 Advisory Board requesting financial assistance, be received for information. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 6, 2012. Resolution #C-070-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of February 6, 2012 be approved, with the exception of Items #2, #3, #11, and #12. “CARRIED LATER IN THE MEETING” (See following motions) Council Meeting Minutes - 14 - February 13, 2012 Councillor Neal stated a pecuniary interest with respect to Item #3 of Report#1, as his wife is a supporter of Durham Clear, to which Pam Callus, a delegation at the General Purpose and Administration Committee meeting of February 6, 2012 belongs, and left the Council Chambers during discussion and voting on this matter. Item #3 Resolution #C-071-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-011-12 be received; THAT the Official Plan Amendment No. 83 as contained in Attachment 2 of Report PSD-011-12 be adopted and that the necessary by-law be passed; THAT the application for a Zoning By-law Amendment submitted by Timothy and Sandra Kearns as contained in Attachment 3 of Report PSD-011-12 be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-011-12 and Council's decision; and THAT all interested parties listed in Report PSD-011-12 and any delegations be advised of Council's decision. "CARRIED AS AMENDED" (See following motion) Resolution #C-072-12 Moved by Councillor Novak, seconded by Councillor Woo THAT the foregoing Resolution #C-071-12 be amended by adding a new fourth paragraph as follows: "THAT a By-law to remove the "Holding (H)" be forwarded to Council for approval once a site plan agreement has been executed". "CARRIED" The foregoing Resolution #C-071-12 was then put to a vote and CARRIED AS AMENDED. Councillor Neal returned to meeting. The foregoing Resolution #C-070-12 was then put to a vote and CARRIED. Council Meeting Minutes - 15 - February 13, 2012 Item #2 Resolution #C-073-12 Moved by Councillor Novak, seconded by Councillor Woo THAT Report PSD-009-12 be received; THAT Amendment 77 to the Clarington Official Plan be approved and that the by-law contained in Attachment 3 to Report PSD-009-12 be passed; THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; THAT Municipal staff endeavour to complete the Growth Management phase of the Official Plan Review within 18 months incorporating the infrastructure and financing implications of future growth and any implications from the hearing on the Regional Growth Plan Amendment (ROPA #128) currently before the Ontario Municipal Board; THAT the Regional Municipality of Durham Planning Department be forwarded a copy of Report PSD-009-12; and THAT the interested parties list in Report PSD-009-12 and any delegations be advised of Council’s decision. “MOTION REFERRED” (See following motion) Resolution #C-074-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-073-12 be referred back to staff. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Mayor Foster √ Council Meeting Minutes - 16 - February 13, 2012 Item #11 Resolution #C-075-12 Moved by Councillor Traill, seconded by Councillor Neal THAT the Procedural By-law be amended to prohibit anyone within 3 meters from the Council ring taking a video recording of a Council or Committee meeting; and THAT this shall not apply to the Municipality, a presentation as defined in Section 7.4.1 (a) of the Procedural By-law 2011-016, or any publicly available broadcaster. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Item #12 Resolution #C-76-11 Moved by Councillor Neal, seconded by Councillor Partner THAT Staff be directed to report back on allowing Members of Council electronic access at their desk in the Council Chambers including: access to network drives, stored e-mail, how other municipalities are using laptops in their meetings; and electronic agendas. “CARRIED” 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 - 17 - February 13, 2012 BY-LAWS Councillor Neal stated a pecuniary interest with respect By-law 2012-007 as his wife is a member of Durham Clear, to which Pam Callus, a delegation at the General Purpose and Administration Committee meeting of February 6, 2012 belongs, and left the Council Chambers during discussion and voting on this matter. By-law 2012-006 was subsequently withdrawn from the Agenda due to the referral of Resolution #C-073-12. Resolution #C-077-12 Moved by Councillor Hooper, seconded by Councillor Traill THAT leave be granted to introduce By-laws 2012-007 to 2012-011 2012-007 Being a by-law to adopt Amendment No. 83 to the Clarington Official Plan 2012-008 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Timothy and Sandra Kearns) 2012-009 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2012-010 Being a by-law to repeal By-law 2001-215 2012-011 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; and THAT the said by-laws be approved. “CARRIED” Councillor Neal returned to the meeting. PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. Council Meeting Minutes - 18 - February 13, 2012 OTHER BUSINESS Councillor Neal reported that the Local Look Back Project was enthusiastically received by the Clarington Museum and Archives Board. Councillor Neal questioned staff as to whether the Municipality had any leverage to bring to bear on developers to pay for the water main connection to Ms. Racansky’s home. The Director of Engineering Services stated that the Subdivision Agreement is clear that there has to be a proven draw down of the water table and there is nothing to suggest this. Mayor Foster indicated that the matter is a Regional issue and that the Region could be approached to see if there are any recent developments. Councillor Neal questioned the timing of information from staff regarding the usage of AECOM. Councillor Novak stated a declaration of pecuniary interest with respect to the question regarding the use of AECOM as a member of her family works for AECOM and left the Council Chambers during discussion and voting on this matter. The Director of Engineering Services stated that staff will be able to respond in the next couple of months. Councillor Novak returned to the meeting. Councillor Neal questioned when Council would receive information stemming from roundtable discussion between developers and the Clarington Board of Trade. The Chief Administrative Officer stated he would issue a reminder to the Executive Director. Councillor Neal also questioned the reporting structure of the Clarington Board of Trade. The Chief Administrative Officer confirmed the regular reporting mechanism is through presentation to the General Purpose and Administration Committee to Council not by written reports. Councillor Neal and Councillor Novak stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law, and left the meeting during discussion and voting on this matter. Council Meeting Minutes _ 19 - February 13, 2012 CONFIRMING BY-LAW Resolution #C-078-12 Moved by Councillor Hooper, seconded by Councillor Woo THAT leave be granted to introduce By-law 2012-012, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 13t" day of February, 2012; and THAT the said by-law be approved. "CARRIED" Councillor Neal and Councillor Novak returned to the meeting. ADJOURNMENT Resolution #C-079-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 9:19 p.m. "CARRIED" CLERK