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HomeMy WebLinkAbout07/03/2012 Council Meeting Minutes JULY 3, 2012 Minutes of a regular meeting of Council held on July 3, 2012 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 W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella, attended until 11:47 p.m. Director of Community Services, J. Caruana, attended until 11:47 p.m. Manager Marketing & Communications, J. Cooke attended until until 9:23 p.m. Community Services Coordinator, S. Crosby, attended until 11:26 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath, attended until 11:47 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 11:47 p.m. Recreation Services Manager, S. Meredith, attended until 11:26 p.m. 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 Later in the meeting, Councillor Neal stated a pecuniary interest with respect to Correspondence Item D – 7. Council Meeting Minutes - 2 - July 3, 2012 ANNOUNCEMENTS Councillor Hooper announced the following:  He participated in Canada Day celebrations across the Municipality, noting all events were very well attended.  The Royal Regiment of Canada Band will perform at Rotary Park on July 5, 2012 as part of the Concert in the Park Series, sponsored by Ontario Power Generation and James Printing and Signs. Councillor Neal indicated he enjoyed the Canada Day Celebrations on July 1, 2012, and the performance by the Charles Street Band. Councillor Novak enjoyed Canada Day celebrations across the Municipality and extended congratulations to graduates of M.J. Hobbs Senior Public School and Holy Trinity Catholic Secondary School. She also announced that the Durham Strategic Energy Alliance held their Annual General Meeting last week with guest speaker, The Honourable Chris Bentley, Minister of Energy. Councillor Partner announced the following:  She attended Canada Day Celebrations across the Municipality. th  On July 7 and 8, 2012, A Gift of Art will be holding their 5 Annual Newcastle Artists and Artisans Show. th  Clarke High School will be holding its 50 Reunion on July 6 and 7, 2012.  Music Night in the Park takes place Thursdays in Newcastle and Concerts on th the Lawn will be held in Orono on July 4.  A Gift of Art is planning a display in conjunction with the “Newcastles of the World “Event taking place in Newcastle upon Tyne including a poetry contest, photographic collection, a film and music. Councillor Traill expressed appreciation to Wilmot Creek for inviting her to the Canada Celebrations and to Members of the Royal Canadian Legion for the wonderful event. Councillor Woo announced the following:  The Science for Life Program runs from July 1 to September 3, 2012. In recognizing the need for blood, the community is partnering with Fire, Police and Emergency Service providers to collect 1,100 units of blood in the Central Ontario Region.  He attended the ribbon-cutting ceremony for the new sidewalk at the Orono Park Library grounds on Wednesday. The event was well attended and preceded the first Concerts on the Lawn series where the band Rainstone performed.  He attended the Queen Elizabeth Diamond Jubilee Medal Awards ceremony hosted by Minister Bev Oda and John O’Toole, MPP. Council Meeting Minutes - 3 - July 3, 2012 Mayor Foster announced the following: th  Enbridge Gas will be hosting a Public Information Centre on Monday, July 9 from 5:00 p.m. to 8:00 p.m. at the Garnet B. Rickard Recreation Complex to discuss the proposed pipeline to service the Durham/York Energy from Waste facility.  He expressed appreciation to the Courtice Rotary Club who was responsible for the fantastic fireworks display at the Canada Day celebration.  He expressed appreciation on behalf of the Municipality to Bev Oda for her years of service to Durham Region, in view of the announcement of her resignation from Parliament. Resolution #C-217-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held June 18, 2012, be approved. “CARRIED” PRESENTATIONS Mayor Foster presented Congratulatory Certificates to players and coaches of the Bantam 1 Gaels, Clarington Minor Lacrosse Team, winners of the Ontario Minor Field Lacrosse Bantam A Provincial Championships. DELEGATIONS Steve Coles, President, Clarington Older Adult Association, (COAA) addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Mr. Coles stated that the Board of Directors has spent too much time, on behalf of their members, discussing these issues and that it is time to investigate a new location. Mr. Coles indicated that in 1998, there was much opposition to the location of the facility due to lack of parking and clarified that parking at the west side of the building was at the direction of the Municipality. He advised that putting a cap on occupancy will not solve anything and questioned how the cap would be enforced. Mr. Coles stated that following the first meeting of the Liaison Committee, it was clear that there would not be a resolve to the parking issue and that there would be more issues facing their 1688 members. Mr. Coles indicated that it is the Board’s hope that a new stand-alone facility can be developed to meet the needs of their members. He advised that the Board of Directors does not support the establishment of a Beech Centre Community Liaison Committee. Mr. Coles summarized by stating the issues the Board has worked to resolve are because the COAA was forced to move into their present site. Council Meeting Minutes - 4 - July 3, 2012 Malcolm McCombe, Secretary, Clarington Older Adult Association addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Mr. McCombe explained his reasons for joining the COAA and what the experience has meant to him. Mr. McCombe stated there are excellent programs at the Beach Centre providing members with the opportunity to meet friends and develop new interests, and that the Centre is a warm and welcoming environment for all older adults. He stated that parking has held the attention of the Board for the time he has been a member and will only increase as the baby boomers join the membership. Mr. McCombe stated that a projected move must be able to accommodate staff, members and programming needs with adequate parking now and into the future, and foster greater harmony with their new neighbours. Angie Darlison, Executive Director, Clarington Older Adult Association addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Ms. Darlison stated that over the past six years many hours have been spent on the parking issues and clarified that parking on the lawn was the suggestion of Municipal staff. She referred to Report CSD-006-12 questioning why Council’s resolution of January 30, 2012, to allocate funds within 2012 to provide a solution to the Clarington Beech Centre parking situation, was not included in the Addendum Report. Ms. Darlison stated that membership numbers are over 1600 with a selection of programs to service the needs of the ever-growing population. She expressed concern that the Board is spending more time writing reports to Council and stated that the Board has complied with requests from the Municipality regarding preparing a strategic plan, broadening outreach programs, requesting members to carpool, implementing their “Wheels in Action” van, and relocated a number of very successful events to the Garnet Rickard Recreation Complex and community halls in Newtonville and Kendal. She explained that relocating events costs the Association due to using the smaller venues. Ms. Darlison stated the Beech Centre is not at maximum capacity quoting programming statistics for regular weekday events, but stated that it’s when special events happen that there are issues. She feels that issuing a cap on capacity is not appropriate indicating that if a cap of 250 were placed on an event being held in the main hall, then other program rooms would have to be closed. Ms. Darlison stated emphatically that staff of the Centre is dedicated to the older adults who utilize the facility and questioned where they would go if the COAA closes. She summarized by stating that the Beech Centre was purchased for the use of the older adults despite the fact a plea was made not to locate the centre in that location, confirming that the Association has been running a stand-alone facility for 14 years and questioning the future of the facility. Council Meeting Minutes - 5 - July 3, 2012 Cathie Ward addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Ms. Ward stated she represents a different demographic indicating she joined the Clarington Older Adult Association three years ago because the organization offered resources such as fitness, the ability for socialization and the opportunity to meet people with common interests. Ms. Ward indicated she participates in classes, helps in the café and serves on the Executive. Ms. Ward stated she meets people who count on the COAA in different ways by providing a social network and needed support in the community. Ms. Ward feels the Association needs to have a proper, accessible space with an onsite kitchen to bring large numbers of members, and to place a cap of 250 will make it nearly impossible to host events. Ms. Ward summarized by stating that she wants to ensure that the Association has the ability to provide services, that no arbitrary cap is imposed, and that they can move ahead to find a suitable home. Irene Gourlay addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Ms. Gourlay stated the COAA has been on Beech Avenue for 14 years noting that for the first seven years there were no complaints. It was only when the Association’s membership increased and the facility became busier that everything they do is offensive to the neighbours. Ms. Gourlay feels the COAA has done everything humanly possible to please their neighbours and that it is time to let them get on with what they do. She stated the Board has informed Council that they are willing to move and feels that this should resolve all perceived difficulties. She indicated that on a recent visit, an Oshawa resident was astounded at the COAA facility dedicated to seniors and she issued a reminder that everyone will be a senior sooner or later. Donald Welsh addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan expressing concern that the Municipality seems to have forgotten why the property was purchased in the first place – to provide a place for older adult activities. Mr. Welsh stated he is opposed to capping attendance at the facility as a way to address parking issues and that members would not come to the Centre if they were asked to park at the Rickard Complex and take a shuttle bus. Mr. Welsh stated that Council has admitted that the Centre has created its own problems by being too successful. He expressed concern that the Older Adult Association was forced to establish at this location despite much opposition at the time. Mr. Welsh stated that after the building opened, an agreement was reached with area residents, Bowmanville Tennis Courts and the COAA to put parking on the street when it was reconstructed and plans were approved to permit paved parking in the back when required. Subsequent Councils have ignored these agreements. He expressed concern that Council has already approved a heritage designation for Beech Avenue so nothing can be done at the Beech Centre. Mr. Welsh indicated that many of the COAA volunteers are less than 60 years of age and questioned why they should not allow the younger seniors to come to help the older members. Council Meeting Minutes - 6 - July 3, 2012 Mr. Welsh stated the COAA is very unhappy with the way this matter has played out and requested that the older adults stop being blamed. Charles Edey, President, Leader Resources Services Corp. (LRSC) addressed Council concerning Item 3 of Report # 1 - Proposed Leader Energy Wind Turbine Farm Project. Through use of a PowerPoint presentation, Mr. Edey provided background information on Leader Resources Services Corp., an experienced development company that has successfully developed multiple large and small wind projects and who is currently developing four other wind projects under the FIT contract. Mr. Edey addressed Council to respond to information put forward by delegations at the General Purpose and Administrative Committee meeting of June 25, 2012. Mr. Edey clarified that a wind turbine is not a fan; it removes energy from the air. He noted that Atomic Energy of Canada Limited (AECL) is commissioning a third-party study of area wind movement including industrial wind turbine impacts/benefits in relation to the Port Granby project as they are obligated to do, and thus the proposed resolution is inappropriate and not required. Mr. Edey stated that the prevailing wind in the area is out of the southwest and that for nine to ten months of the year, the project will be upwind of the Port Granby project. He clarified that under the 550 meter setback, the sound levels from the wind turbines to neighbouring homes will not exceed the 40dBA as per Provincial guidelines and that the company will provide a cumulative Noise Report. He noted that Leader Resources staff is working with Port Granby project staff to ensure the compatibility of the two projects. Mr. Edey expressed concern that the study quoted by the deputation th on June 25 did not have data from the Italian wind farm due to greater vibrations in the area and that all conclusions were based on assumptions. Mr. Edey stated that decisions should be made on facts and science. Mr. Edey indicated that only the manufacturer of the equipment can speak to electromagnet interference but noted that in the Darlington Nuclear Plant the significantly larger electromagnet fields do not affect their sensitive monitoring devices. Mr. Edey stated he believes this project, being five industrial wind turbines next to a nuclear waste facility, to be safe. Mr. Edey stated he does not believe the resolution is fact-based, that there would be no impacts to the issues raised and requested Council to defeat the Committee recommendation. Mayor Foster advised that Sheila Hall, Executive Director, Economic Development Officer, Clarington Board of Trade has withdrawn her delegation and will reschedule it in the fall. Bart Lavis, Project Manager, Leader Resources Services Corp. (LRSC) addressed Council concerning Correspondence Item D – 5 - Use of Lancaster Road for Access to Clarington Wind Farm Project. Mr. Lavis stated Lancaster Road is currently used by farmers, the Canadian National Railway and Hydro One Networks, and LRSC would be using the road to access two turbines east of the road and one turbine to the west as well as the substation. As an alternative LRCS would require parallel roads to run adjacent to the existing road. Council Meeting Minutes - 7 - July 3, 2012 Mr. Lavis stated LRSC have talked to the landowners and they don’t see why the company should create roads beside a road that is already being used. He noted that all costs would be borne by the project and requested Council’s permission to use Lancaster Road for the Clarington Wind Project. Resolution #C-218-12 Moved by Councillor Novak, seconded by Councillor Neal THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 9:33 p.m. Dan Worrall, President, Clarington Firefighters Association, addressed Council concerning Item 13 of Report #1 - Report ESD-010-12 – Fire Dispatch Services stating that the Association supports the move, in principle. Mr. Worrall indicated that the new radio system is scheduled for implementation in 2014 and this lead time would allow time to prepare changes to standard operating services and train staff. He indicated that allowing the backfilling of vacation positions would make a great recruitment class for 2012 and bring the total number of full-time firefighters to 54 with the four positions then moving to suppression. Mr. Worrall questioned why the changes need to be made now and why they cannot wait until the new hall is completed. Dan Worrall, President, Clarington Firefighters Association, addressed Council concerning Item 14 of Report #1 - Staffing Trucks with Full-Time Firefighters. He stated the Association supports the report and referred to the last sentence in Section 4.1 “less than 6 firefighters on-duty would require overtime staff”. Mr. Worrall stated the Association has provided statistics indicating that using standard firefighting tactics, four firefighters perform 80% faster than three and that staff train as four but respond as three. He feels that all fire apparatus must not respond with less than four. He questioned the price of community safety and requested that staff investigate the number of times there are six on-duty firefighters and report back on eight. Councillor Partner re-entered the meeting at 9:38 p.m. Wayne Geurts addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Mr. Geurts stated that he was representing the Oddfellows groups that meet at the Clarington Older Adult Association. He expressed concern that the study completed indicated that the group had 47 meetings and that they might be part of the problem. Mr. Geurts clarified that all their groups meet in the evenings and at times where there is very low attendance. Their groups have, on average, four to ten vehicles except for an odd occasion where there could be up to 30 people. Council Meeting Minutes - 8 - July 3, 2012 Mr. Geurts stated the only time he has come to the Centre where there have been a number of people has been when the Annual Auction is taking place and he has had to park on the grass. He suggested that the group could meet on a different evening during that event to assist in alleviating parking issues. Mr. Geurts indicated that he is not in support of a cap on attendance at the facility and clarified the main reason he was before Council was to dispel any myths or deceptions that the Oddfellows groups are part of the problem. Phillip Brickell addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Mr. Brickell stated he is a resident of Beech Avenue, an apprentice arborist and student of Niagara Parks School of Horticulture. Mr. Brickell stated he is extremely concerned with parking on the grass at the Centre and distributed information on tree root compaction and its effects. Mr. Brickell explained the root system of a tree and its functions, noting the importance of keeping the roots healthy. He noted the best preservation is to avoid any practices that injure the root including soil compaction. Mr. Brickell stated the park is in a historical neighbourhood and he would like to preserve that history, and to allow present and future generations to have the opportunity to play in the park and to enjoy the trees. Kem Majid addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Mr. Majid stated he is appearing before Council as a 30 year resident of Beech Avenue and not a representative of the Bowmanville Tennis Club. Mr. Majid stated the Beech Avenue neighbourhood is one of quiet beauty, history, tradition and is the only designated Heritage District in Clarington. He stated the area residents maintain, refurbish and restore their properties, never destroy. Mr. Majid stated that residents and Council have lived through the confusion in the area with the establishment of the Clarington Older Adult Association in the facility. He expressed concern that there seems to be a continuous want on behalf of the Managers of the COAA with Members of Council always giving and it has reached a stage where this has to stop. Mr. Majid stated it was his understanding that the cap is a maximum of 250 persons in the building at any one time and that the COAA is being asked to manage their curriculum for 250. Through the use of a PowerPoint presentation, Mr. Majid summarized what he believes is the current dilemma, the implications of the staff recommendation, the issue from a resident’s perspective and managing the available parking spaces including a suggestion for classes of permits for COAA members. Mr. Majid feels that if the COAA is unable or unwilling to develop a disciplined approach to parking then Council must develop one. He stated that staff should not be parking on the grass and that no parking on the grass should be permitted. Council Meeting Minutes - 9 - July 3, 2012 Roland Kuijpers addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Mr. Kuijpers stated he is a new resident of Beech Avenue, a member of Neighbourhood Coalition and he attended the meetings with the COAA, the Bowmanville Tennis Club and staff. Mr. Kuijpers indicated that as a result of the meetings, it appeared that the COAA was resigned that the only option was to use the Garnet B. Rickard Recreation Complex for parking. He stated it was the Coalition’s conclusion that the COAA did not have a parking problem when using the street and that the COAA’s issue was convenient and close parking. Mr. Kuijpers stated he was in attendance to stop the overflow parking on the parkland. He indicated the Spratt report measured the impact of each option but never included parking on the grass. Mr. Kuijpers stated there are consequences and impacts to people involved if parking is allowed on the grass and indicated that he conducted his own study consulting with children, neighbours, former Members of Council, and Police Officers on why it would not be a good idea. No one was in support of parking on the grass. Mr. Kuijpers requested the Municipality to post “No Parking” signs to prohibit parking on the grass to preserve and enhance the minimal parkland the neighbourhood has. Jane and Katie Kenny addressed Council concerning Item 22 of Report #1 - Addendum 1 Report CSD-006-12 - Clarington Older Adult Association - Parking Concerns/Strategic Plan. Jane Kenny stated that she was representing children of the neighbourhood indicating that she is the Chair of the Central Public School Council. She noted the school is home to over 200 children, some of whom do not have front or backyards and who love to play in the park. She noted that field trips are often a barrier but the students can enjoy the use of park for picnics within the neighbourhood. Ms. Kenny expressed concern that the school children will not have an option to play in the greenspace and will have to be wary of cars. Ms. Kenny requested, on behalf of the Central Public School Council, that Council consider the needs of the children. Katie Kenny posed a question to Council on what she should do if she is playing in the park and a car comes driving through. COMMUNICATIONS Resolution #C-219-12 Moved by Councillor Traill, seconded by Councillor Partner THAT the communications to be received for information be approved . “CARRIED” I - 1 Minutes of the Clarington Agricultural Advisory Committee dated June 14, 2012 I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 12, 2012 Council Meeting Minutes - 10 - July 3, 2012 I - 3 Minutes of the Clarington Heritage Committee dated June 19, 2012 I - 4 Minutes of the Clarington Museums and Archives Board dated March 7 and April 11, 2012 I - 5 Minutes of the Clarington Older Adult Association Board of Directors dated February 17, March 16, March 30, April 4, April 11, April 20, May 1, and May 18, 2012 I - 6 Minutes of the Ganaraska Region Conservation Authority dated May 17, 2012 I - 7 Minutes of the Central Lake Ontario Conservation Authority dated June 19, 2012 I - 8 Clarington Board of Trade forwarding their Second Quarter Report to Council. I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to The Honourable Bob Chiarelli, Minister of Transportation/Minister of Infrastructure, advising that on June 6, 2012, Regional Council adopted the following recommendation pertaining to Provincial Highway Improvements in Durham Region: “a) THAT Joint Report No. 2012-J-20 of the Commissioners of Planning & Economic Development and Works be received for information; and b) THAT a copy of Joint Report No. 2012-J-20 be forwarded to the Ministry of Transportation, Infrastructure Ontario, Area Municipalities and Conservation Authorities.” I - 10 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 June 15, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Third Party Independent Audit Report  2012 – Audit, Durham York Energy Centre Construction Phase Audit; 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 - 11 - July 3, 2012 I - 11 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising that on June 11, 2012, the Township of Brock adopted a resolution not to consent to Regional By-law Number 9-11 - Proposed By-law to Change the Method of Selecting the Regional Chair. I - 12 Allison Roberts, Monitoring the Moraine Program Officer, EcoSpark, forwarding a copy of the 2012 Status Report: Compliance, Infrastructure and Community Concerns, the third report in a series of reports intended to highlight the successes and challenges of implementing the Oak Ridges Moraine Conservation Plan (ORMCP). I - 13 Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham, forwarding for information a copy of Commissioner’s Report 2012-P-48 – 2011 Census of Population – Age and Gender Release. I - 14 Rob Messervey, Chief Administrative Officer, Kawartha Conservation, advising of the completion of the Oak Ridges Moraine Watershed Planning Project, the culmination of 5 years of studies, stakeholder and community consultations and management strategy development to help guide responsible water and land use in four watersheds that drain north off the Oak Ridges Moraine near Lake Scugog; and, indicating that the Watershed Plans and corresponding background reports are available for download at www.kawarthaconservation.com/oakridgesmoraine/. CORRESPONDENCE FOR DIRECTION Correspondence Item D - 8 was received as a Hand-Out. Resolution #C-220-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 6 and D - 8 be approved as per the Agenda. “CARRIED” D - 1 Mary Lou Townsley, Chair, Special Events Committee, Association of Hospital Volunteers – Bowmanville, requesting permission to hang their th 100 Anniversary Banner across Highway 2 from July 4 to July 31, 2012. (Installation of banner approved and Veridian advised) Council Meeting Minutes - 12 - July 3, 2012 D - 2 Petra Schwirtz, CMM Chair, and Sandy Archibald, CMM Director, Clarington Tourism and Marketing Board, writing further to their delegation to Council of June 18, 2012, regarding funding for the Economic Impact Study; indicating that currently there is a cost/share grant available through the Ontario Ministry of Tourism, Culture & Sports for projects such as Economic Impact Studies that the Board would like to apply for; advising the total cost of the study would be approximately $20,000 requiring input from CBOT of $10,000; and, requesting that Council grant the CTMB $10,000 to proceed with a grant application through the Ontario Ministry of Tourism for an Economic Impact Study. (Advised of actions taken with respect to Clarington Tourism and Marketing Board on June 18, 2012) D - 3 Michael Blackhurst requesting an extension to his Letter of Undertaking to allow the use of a mobile home at 4566 Regional Road 9 while a new single dwelling is to be constructed; indicating that his home was completely destroyed by fire and he has not yet settled with his insurance company and is therefore unable to start rebuilding the home; advising that the current Letter of Undertaking will expire on August 15, 2012; and, requesting permission for an extension to February 15, 2013. (Approval of a a six month extension for the use of temporary living quarters at 4566 Regional Road 9 granted subject to the signing of a further Letter of Undertaking) D - 4 Jennifer Delaney, Fire Inspector, Clarington Emergency and Fire Services, Family Safety Day Committee, requesting permission to hang a banner on the Veridian poles east of the bridge at Roenick Drive from August 29 to October 1, 2012, to promote Family Safety Day to be held on Saturday, September 29, 2012. (Installation of banner approved and Veridian advised) D - 5 Bart Lavis, Project Manager, Leader Resources Services Corp., on behalf of the Clarington Wind Farm, requesting permission to utilize Lancaster Road for access to the Clarington Wind Farm project to service the Wind Farm’s electrical infrastructure; indicating that Hydro One prefers the Point of Common Coupling (PCC) to be located on an accessible access way and the use of Lancaster Road allowance will enable Hydro One trucks to access the equipment at all times; indicating an alternative to this would require the project to unnecessarily construct two parallel roads, one on Lot 5, east side of Lancaster Road and one on Lot 6 to the west side of Lancaster Road to enable Hydro One year-round access to the Wind Farm Project and the PCC; and, requesting Council to open Lancaster Road to benefit the current landowners, Hydro One and the Clarington Wind Farm. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 13 - July 3, 2012 D - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising that on June 6, 2012, Regional Council adopted the following recommendation pertaining to Regional Cycling Plan Review: “a) THAT the proposed Primary Cycling Network (Regional Cycling Plan) and implementation framework as contained in Commissioners’ Report No. 2012-J-18 be released for public consultation, which includes the following: i) THAT the proposed Primary Cycling Network (Regional Cycling Plan in Attachments 7-14), which includes 205.6 km of cycling facilities to be provided on Regional Roads with the following treatment types to be phased over the next 20 years; Proposed Primary Cycling Network Phasing by Facility Type - Regional Portion Facility Type Extent of 2012 2013-2016 2017-2032 Proposed New Facility (km) Multi-Use 127.4 4.3 17.5 105.6 Blvd. Path or Cycle Track Paved 27 1.3 5.3 20.4 Shoulder On Road 37.1 0.0 20.8 16.3 Cycling Lanes Buffered 14.1 0.0 1.6 12.5 Cycling Lanes Totals 205.6 5.6 45.2 154.8 Notes: Only Regional Road portions of the Primary Cycling Network have been included in this table ii) THAT such public consultation shall include meetings in the local Municipalities, consultation with key stakeholders with emphasis on the cycling community and that the proposed plan be presented during the Durham Bike Summit on May 30, 2012; b) THAT further to approval of the above: i) THAT the Region continue its practice of being 100% responsible for providing the platform for multi use paths within Regional Road rights-of-way contained in the proposed Primary Cycling Network at its sole expense; Council Meeting Minutes - 14 - July 3, 2012 ii) THAT the Region continue its practice of being 100% responsible for maintenance of all on road cycling facilities and paved shoulders on Regional Roads that form part of the Primary Cycling Network; iii) THAT the Area Municipalities continue to be 100% responsible for the maintenance and repair of multi use paths on Regional Roads that form part of the Primary Cycling Network, by the area municipality in which the multi use path is located; and iv) THAT the Region’s funding policy paved shoulders on Regional Roads on the Primary Cycling Network, be changed from the former 50%/50% cost sharing arrangement with the Area Municipalities, to the Region now being 100% responsible for the capital construction costs for all on road cycling facilities and paved shoulders; c) THAT the area municipal councils be requested to comment on the proposed Primary Cycling Network and implementation framework prior to September 30, 2012; and d) THAT a copy of Joint Report No. 2012-J-18 be forwarded to all Durham area municipalities.” (Correspondence referred to the Director of Engineering Services) D - 8 Wally Grundy area resident, expressing concern with parking vehicles on the grass at the Beech Centre; indicating that he moved to the area many years ago due to the trees, grassland and park; and, requesting that Council not allow parking on the grass to occur as the grass and trees will die and be lost forever. (Advised of actions taken with respect to Item 22 of Report #1) D - 7 Sandra Kranc, City Clerk, City of Oshawa, writing to the Right Honourable Stephen Harper, Prime Minister of Canada and The Honourable Dalton McGuinty, Premier of Ontario, advising that on June 11, 2012, the City of Oshawa adopted the following resolution pertaining to Canadian Auto Workers (CAW): “WHEREAS the global economic downturn in 2009 has significantly reduced the number of quality jobs available to workers in our community, through no fault of their own; and, Council Meeting Minutes - 15 - July 3, 2012 WHEREAS the provincial and federal governments in 2009 used taxpayer dollars to provide significant financial support to General Motors GM in order to secure jobs, and these governments remain substantial shareholders that can influence the product decisions of General Motors; and, WHEREAS the returned growth of vehicle sales has increased profitability of General Motors to historic levels as a result of this government support and sacrifices made by the hard-working members of Canadian Auto Workers CAW; and, WHEREAS the announced decision by General Motors to close an entire manufacturing facility in Oshawa will result in the loss of 2,000 good- paying jobs at GM, as well as the additional supplier spin-off jobs that will be negatively affected, which will cause considerable, immediate financial hardship to Oshawa and the surrounding community; THEREFORE BE IT RESOLVED THAT the City of Oshawa, in full co- operation with area municipalities, create a plan to work together with the CAW, to include lobbying for the support of the provincial and federal governments to ensure sufficient product is allocated to the Oshawa plant by General Motors to maintain or increase current employment levels in our communities; and further, THAT this motion be distributed to all MPs and MPPs who represent ridings impacted by the loss of historic automotive manufacturing jobs in Ontario.” Councillor Neal stated a pecuniary interest with respect to Correspondence Item D - 7 as his son works at General Motors, and left the Council Chambers during discussion and voting on this matter. Resolution #C-221-12 Moved by Councillor Traill, seconded by Councillor Hooper THAT the resolution from the City of Oshawa with respect to the Canadian Auto Workers (CAW) be endorsed. “CARRIED” Councillor Neal returned to the meeting. Council Meeting Minutes - 16 - July 3, 2012 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report June 25, 2012. Resolution #C-222-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 25, 2012 be approved, with the exception of Items #4, #3, #22, #21, and #14. “CARRIED” Item #4 Resolution #C-223-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Municipality of Clarington, as a partner with the Valleys 2000 project “A Miracle in the Making”, grant the sum of up to $81,971.04 to make up the shortfall funding required for this worthy project to proceed without delay; THAT the funds be taken from the reserve fund to be identified by the Treasurer; and THAT any unused funds be returned to the reserve fund as well as any additional fundraiser proceeds. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motion) Resolution #C-224-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-223-12 be amended to add: “THAT the Municipality request a comfort letter from the landlord with respect to Paragraph 23 of the lease agreement with respect to the right of termination.” “CARRIED” Council Meeting Minutes - 17 - July 3, 2012 The foregoing Resolution #C-223-12 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ Item #3 Resolution #C-225-12 Moved by Councillor Partner, seconded by Councillor Woo WHEREAS the community of Port Granby is subject to the movement of low level radioactive waste approved by the Federal Government; WHEREAS Leader Energy has proposed to site four wind turbines in the immediate vicinity of the Port Granby low level radioactive waste site; and WHEREAS the Environmental Assessment by the Port Granby Project did not take into consideration wind turbines; NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario place a moratorium on this specific project by Leader Energy until compatibility studies concerning the wind turbines and the Port Granby low level radioactive waste site are studied; THAT the Canadian Nuclear Safety Commission be advised of these studies and their outcome; THAT Leader Resources Services Corp. pay for these studies to be completed; and Council Meeting Minutes - 18 - July 3, 2012 THAT further appropriate steps be taken. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Mayor Foster √ Item #21 Resolution #C-226-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Report FND-018-12 be received; THAT Council approve the funding policy as summarized on Attachment “A” of Report FND-018-12 for the future use of the Host Community Funds received through the Agreement for the Cleanup and Long-Term Safe Management of the Port Granby Low Level Radioactive Waste Project; THAT Council authorize the establishment of a new Strategic Capital Reserve Fund; THAT the $10 million currently held in Trust be transferred to the Strategic Capital Reserve Fund for future use as approved through the funding policy summarized on Attachment “A” of Report FND-018-12; and THAT the existing Port Granby Reserve Fund be maintained and directed in future to achieve Council objectives pertaining to the End Use Plan and other mitigation measures as deemed necessary. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motion) Resolution #C-227-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-226-12 be amended to add: Council Meeting Minutes - 19 - July 3, 2012 “THAT staff be directed to prepare a more fulsome report on how Item (c) of the Strategic Capital Reserve Funding Policy (Attachment A to Report FND-018- 12) with respect to how servicing non-residential development would be used; and THAT the report be presented in September.” “CARRIED” The foregoing Resolution #C-226-12 was then put to a vote and CARRIED AS AMENDED 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 #22 Resolution #C-228-12 Moved by Councillor Neal, seconded by Councillor Traill WHEREAS Rathskamory was the estate Dr. George Humphrey Low built in 1843 that was subsequently occupied by Dr. James W. McLaughlin, brother of Robert McLaughlin, and since 1998 has been repurposed with a significant addition and it is now known as the Clarington Beech Centre; WHEREAS the Municipality of Clarington has designated Beech Avenue in Bowmanville, including the Clarington Beech Centre, the Lion’s Parkette and the tennis courts managed by the Bowmanville Tennis Club and adjacent greenspace as a Heritage Conservation District under Part V of the Ontario Heritage Act; WHEREAS the Central Neighbourhood of Bowmanville is deficient in parkland relative to the Municipality’s park standards, set out in the Municipality’s Official Plan; WHEREAS Council determines that it is important to retain the Lion’s Parkette, the tennis courts and the greenspace adjacent to the grounds of the Clarington Beech Centre as part of the neighbourhood character landscape elements identified for the Beech Avenue Heritage Conservation District; Council Meeting Minutes - 20 - July 3, 2012 WHEREAS maintaining the greenspace, the tennis courts, and the Lion’s Parkette at Rathskamory is the will of Council and fulfills both the heritage preservation and recreational objectives of the Municipality; and WHEREAS Council recognizes the challenges of constraints at the Clarington Beech Centre; NOW THEREFORE BE IT RESOLVED THAT Addendum #1 to Report CSD-006-12 be received; THAT the activities taking place at the Clarington Beech Centre be limited to programs and social activities of the Clarington Older Adult Centre Board and regular meetings of the Lions Club of Bowmanville; and  Oddfellows/Rebekkahs & Encampment  Tops  CUPE Local 225  All other rentals of significance to be determined by the Clarington Older Adult Centre; THAT a review of the rentals shall be undertaken within the year; THAT there will be no increase to Beech Centre on-site parking, with a continued use of on-street parking; THAT Council endorse the establishment of a Beech Centre Community Liaison Committee and that the matter be referred back to staff to develop a terms of reference and report back; THAT $1000 for signage and line painting be funded from the Municipal Capital Works Reserve Fund; THAT Staff report back on an alternative home, being another facility outside of the Clarington Beech Centre; and THAT all interested parties listed in Addendum #1 to Report CSD-006-12 be advised of Council’s decision. “MOTION LOST LATER IN THE MEETING” (See following motions) Council Meeting Minutes - 21 - July 3, 2012 Resolution #C-229-12 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 for 30 minutes. “CARRIED” The foregoing Resolution #C-228-12 was then put to a vote and LOST 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 √ Resolution #C-230-12 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS Rathskamory was the estate Dr. George Humphrey Low built in 1843 that was subsequently occupied by Dr. James W. McLaughlin, brother of Robert McLaughlin, and since 1998 has been repurposed with a significant addition and it is now known as the Clarington Beech Centre; WHEREAS the Municipality of Clarington has designated Beech Avenue in Bowmanville, including the Clarington Beech Centre, the Lion’s Parkette and the tennis courts managed by the Bowmanville Tennis Club and adjacent greenspace as a Heritage Conservation District under Part V of the Ontario Heritage Act; WHEREAS the Central Neighbourhood of Bowmanville is deficient in parkland relative to the Municipality’s park standards, set out in the Municipality’s Official Plan; WHEREAS Council determines that it is important to retain the Lion’s Parkette, the tennis courts and the greenspace adjacent to the grounds of the Clarington Beech Centre as part of the neighbourhood character landscape elements identified for the Beech Avenue Heritage Conservation District; WHEREAS maintaining the greenspace, the tennis courts, and the Lion’s Parkette at Rathskamory is the will of Council and fulfills both the heritage preservation and recreational objectives of the Municipality; and Council Meeting Minutes - 22 - July 3, 2012 WHEREAS Council recognizes the challenges of constraints at the Clarington Beech Centre; NOW THEREFORE BE IT RESOLVED THAT Addendum #1 to Report CSD-006-12 be received; THAT Report CSD-006-12 be received; THAT By-law 2011-106 be amended by adding the following to Section 1: “a) Capacity THAT the overall capacity of the Clarington Beech Centre be 500 persons.”; THAT the activities taking place at the Clarington Beech Centre be limited to programs and social activities of the Clarington Older Adult Centre Board and regular meetings of the Lions Club of Bowmanville; and  Oddfellows/Rebekkahs & Encampment  Tops  CUPE Local 225  All other rentals of significance to be determined by the Clarington Older Adult Centre; THAT a review of the rentals shall be undertaken within the year; THAT there will be no increase to Beech Centre on-site parking, with a continued use of on-street parking; THAT Council endorse the establishment of a Beech Centre Community Liaison Committee and that the matter be referred back to staff to develop a terms of reference and report back; THAT $1000 for signage and line painting be funded from the Municipal Capital Works Reserve Fund; THAT Staff report back on an alternative home, being another facility outside of the Clarington Beech Centre; and Council Meeting Minutes - 23 - July 3, 2012 THAT all interested parties listed in Addendum #1 to Report CSD-006-12 be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Mayor Foster √ Item #14 Resolution #C-231-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Report ESD-011-12 be received; THAT the staffing as proposed in section 4.1 of Report ESD-011-12 be approved with the removal of the last two rows of the chart; and THAT all interested parties listed in Report ESD-011-12 be advised of Council’s decision. “MOTION LOST LATER IN THE MEETING” (See following motions) Resolution #C-232-12 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 midnight. “CARRIED” Council Meeting Minutes - 24 - July 3, 2012 Resolution #C-233-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 11:38 p.m. The foregoing Resolution #C-231-12 was then put to a vote and LOST ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-234-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-011-12 be received; THAT the staffing as proposed in section 4.1 of Report ESD-011-12 be approved; and THAT all interested parties listed in Report ESD-011-12 be advised of Council’s decision. “CARRIED” Resolution #C-235-12 Moved by Councillor Woo, seconded by Councillor Partner THAT the agenda be altered to consider Unfinished Business prior to consideration of Staff Reports. “CARRIED” Council Meeting Minutes - 25 - July 3, 2012 UNFINISHED BUSINESS Resolution #C-236-12 Moved by Councillor Partner, seconded by Councillor Traill THAT Ann Harley be nominated as the Municipality of Clarington’s candidate through the Federation of Canadian Municipalities, to receive a Queen’s Diamond Jubilee Medal in the Arts & Culture Field for her exceptional contribution to the community; and THAT Wallace Boughen be nominated as the Municipality of Clarington’s alternate candidate through the Federation of Canadian Municipalities, to receive a Queen’s Diamond Jubilee Medal in the Community Service Field for his exceptional contribution to the community. “CARRIED” STAFF REPORT(S) Verbal Report of the Solicitor regarding Newcastle Recycling Ltd. Superior Court Application Resolution #C-237-12 Moved by Councillor Neal, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with litigation affecting the Municipality and which is subject to solicitor-client privilege, including communications necessary for that purpose. “CARRIED” The meeting resumed in open session at 12:14 a.m., July 4, 2012. RISE AND REPORT The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed, one procedural motion and one motion to provide direction to staff. Council Meeting Minutes - 26 - July 3, 2012 BY-LAWS Resolution #C-238-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2012-055 to 2012-063; 2012-055 Being a By-law to authorize the execution of the Memorandum of Understanding between Smooth Run Developments and Brookfield Homes (Ontario) Limited and the Corporation of the Municipality of Clarington 2012-056 Being a By-law to adopt Amendment No. 86 to the Clarington Official Plan 2012-057 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (Smooth Run Developments) 2012-058 Being a By-law to Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle [Brookfield Homes (Ontario) Limited] 2012-059 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors 2012-060 Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington 2012-061 Being a By-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington 2012-062 Being a By-law to regulate open-air burning 2012-030 Being a By-law to amend By-law 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 Council Meeting Minutes - 27 - July 3, 2012 2012-063 Being a By-law to amend By-law No. 91-56, being a by-law to regulate and licence certain exhibitions held in the Municipality; and THAT the said by-laws be approved. "CARRIED" PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law, and left the Council Chambers during discussion and voting on this matter. CONFIRMING BY-LAW Resolution #C-239-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2012-064, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 3rd day of July, 2012; and THAT the said by-law be approved. "CARRIED" Councillor Neal returned to the meeting, ADJOURNMENT Resolution #C-240-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 12:17 p.m. "CARRIED" M YO M CLERK