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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.
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On July 7 and 8, 2012, A Gift of Art will be holding their 5 Annual Newcastle
Artists and Artisans Show.
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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
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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:
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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
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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
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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