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Council Meeting Minutes
NOVEMBER 5, 2012
Minutes of a regular meeting of Council held on November 5, 2012 at 7:00 p.m., in the
Council Chambers.
Councillor Traill led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Manager of Infrastructure, R. Albright
Municipal Solicitor, A. Allison
Corporate Initiatives Officer, C. Clifford
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano, attended until 7:36 p.m.
Recreation Services Manager, S. Meredith, attended until
7:36 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 7:36 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
7:36 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 7:36 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper indicated that he would be declaring a pecuniary interest with
respect to Item # 7 of Report #1.
Council Meeting Minutes - 2 - November 5, 2012
ANNOUNCEMENTS
Councillor Novak announced the following:
Courtice Christmas Tree Lighting Ceremony at White Cliffe Retirement
th
Residence on November 28 from 6:00 p.m. to 8:00 p.m.
Public Information Centre – Draft Oshawa Creek Watershed Plan and Draft
th
Black/Harmony/Farewell Creek Watershed Plan on November 6 at Faith
United Church from 6:30 p.m. to 8:30 p.m.
Central Lake Ontario Conservation Authority Programming Meeting in Courtice
Public Information Centre for Hydro One Transformer Station in Clarington on
th
November 8
Durham Art of Transition Creative Awards on November 9, 2012 at the Robert
McLaughlin Gallery in Oshawa at 7:00 p.m.
The White Cliffe Retirement Residence Remembrance Day Service on
th
November 11 at 11:00 a.m.
Councillor Novak displayed a pink hard hat she received at the Clarington Board of
rd
Trade’s 3 Annual Ladies Night celebrating women in business where 10% of
revenues were donated to the Canadian Breast Cancer Foundation.
Councillor Partner announced the following:
She extended appreciation to Erin O’Toole for donating Canadian flags and
Chief David Forrester, Firefighters Kevin Scott, Mike Heeney and Jordan
Ritchie for raising the flags for the Orono Armistice Day Parade yesterday
Newcastle Village and District Historical Society Movie Night at the Newcastle
th
Community Hall on November 6
th
Newtonville United Church Auction on November 7
th
Newcastle Santa Claus Parade on November 18 starting at 5:30 p.m.
th
Orono Santa Claus Parade on November 24 starting at 10:30 a.m.
th
Newtonville Armistice Ceremony on November 10 at 10:30 a.m.
th
Newcastle Remembrance Day Ceremony on November 11 at 10:30 a.m.
Councillor Traill announced the following:
County Town Singers Concert in Tyrone in conjunction with the Clarington
nd
Older Adult Association on December 2 at 2:00 p.m.
th
Bowmanville Hospital Remembrance Day Ceremony on November 7 at
1:00 p.m.
th
Wilmot Creek Remembrance Day Ceremony on November 11 at 7:00 p.m.
Council Meeting Minutes - 3 - November 5, 2012
Councillor Woo announced the following:
He expressed appreciation to Councillor Partner for bringing the parties
together to have the Canadian Flags replaced before the Remembrance Day
Ceremony in Orono
th
On November 4, The Kendal Lions Club Pancake Breakfast raised $3,400,
th
and on November 30 there will be a benefit dance at the Newcastle
Community Hall with proceeds from both events being donated to Jim Alldread
Durham Region has launched a pilot program, the first of its kind in Ontario,
allowing Durham Region residents to place used household batteries in their
recycling bins twice per year
thth
November 7 marks the 18 Annual “Take Our Kids to Work” Day
Lakeridge Health Bowmanville will hold a Remembrance Day Ceremony on
th
November 7 at 1:00 p.m.
th
The Official Opening of the No Frills Store in Newcastle on November 8 with
the ribbon-cutting ceremony at 7:30 a.m.
He extended congratulations to two Clarington nominees for the Durham Art of
Transition Creative Awards - Concerts in the Park (Bowmanville) Garth Gilpin,
Brian Purdy and Councillor Ron Hooper; and Valleys 2000 Harold Hammond
Kendal Community Centre is hosting a Country Music Open Mic on
th
November 17 from 1:00 p.m. to 5:00 p.m.
Councillor Hooper announced the following:
Remembrance Day Ceremonies will be held at the Clarington Older Adult
th
Centre on November 6 at 11:00 a.m., the Bowmanville Cenotaph on
th
November 11 at 10:30 a.m., and Kingsway Arms on Sunday
th
Farmers’ Parade of Lights on December 5 at 6:00 p.m.
Mayor Foster extended congratulations to Councillor Hooper, Brian Purdy, Garth
Gilpin and Harold Hammond for their nominations for the Art of Transition Creative
Awards.
Mayor Foster also announced the following:
The Crystal Ball Gala fundraising event in support of Hearth Place Cancer
th
Support Centre’s 15 Anniversary Celebration at the Tosca Banquet Hall,
th
Oshawa on November 10
th
Hope Fellowship Church Durham By-election debate on November 14
The Municipality of Clarington will hold eight Remembrance Day Services
throughout the community
“Movember” fundraising event in support of Prostate Cancer Research
The Director of Operations expressed appreciation to the Rotary Club of Bowmanville
for donating eight new Canadian Flags and to Langley Utilities for donating their time
to install the banners on the Vanstone Bridge.
Council Meeting Minutes - 4 - November 5, 2012
Resolution #C-308-12
Moved by Councillor Partner, seconded by Councillor Traill
THAT the minutes of a regular meeting of Council held October 22, 2012 be
approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Mayor Foster stated that Delegation (b) Jeany Barrett, Project Leader, Newcastle
Heritage Garden Project, had advised prior to the meeting that she would be unable to
attend.
Jayme Harper, PFLAG Durham Region addressed Council concerning
Correspondence Item D – 1 – Gender Neutral Bathroom Challenge. Mr. Harper
stated that PFLAG used to stand for “Parents and Friends of Lesbians and Gays” but
has now extended their support and advocacy to all gender identities. Mr. Harper
stated the passing of Toby’s Law, amending the Ontario Human Rights Code to
include gender identity and gender expression, makes Ontario the first major
jurisdiction in North America to provide human rights protection for transgendered
people and is an important step in ensuring all transgendered members of the
community have protection from harassment. Mr. Harper stated as an example, a
person who is male based on their anatomical sex but whose identity expresses
themselves as female is permitted to use a female washroom. He expressed concern
that the public is neither aware nor accepting of this and public education is needed.
Mr. Harper stated that many transgendered individuals face harassment or are put in
unsafe situations using public washrooms. He stated that accessible washrooms or
family washrooms were safe alternatives and requested that the Municipality place
gender-neutral signage on those facilities. Mr. Harper issued a challenge to Members
of Council to participate in the Gender-Neutral Bathroom Challenge for the month of
November and to provide a list of the locations of gender-neutral washrooms in
Municipal facilities.
Council Meeting Minutes - 5 - November 5, 2012
COMMUNICATIONS
Items I - 11 and I - 12 were received as Hand-Outs.
Resolution #C-309-12
Moved by Councillor Woo, seconded by Councillor Traill
THAT the communications to be received for information, including Hand-Out
Correspondence Items I - 11 and I - 12, with the exception of Correspondence Item
I - 8, be approved.
“CARRIED”
I - 1 Minutes of the Ganaraska Region Conservation Authority dated
September 20 and October 20, 2012
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
October 11, 2012
I - 3 Minutes of the Central Lake Ontario Conservation Authority dated
October 16, 2012
I - 4 Minutes of the Clarington Heritage Committee dated October 16, 2012
I - 5 Minutes of the Samuel Wilmot Nature Area Management Committee
dated October 9, 2012
I - 6 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 October 5, 2012,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the Revised Soils Testing
Plan
October 5, 2012 Durham-York Energy Centre Revised Soils
Testing Plan
Letter to the Ministry of the Environment dated October 5, 2012,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the Durham York Energy
Centre Draft Community Communications Plan (Environmental
Assessment Condition 7)
October 5, 2012 Durham York Energy Centre Draft Community
Communications Plan (September 2012)
Council Meeting Minutes - 6 - November 5, 2012
Letter to the Ministry of the Environment dated October 5, 2012,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the Air Emissions
Monitoring Plan Responses (Environmental Assessment Condition
12)
October 5, 2012 Durham York Energy Centre Air Emission
Monitoring Plan (September 2012); and
advising that the documents are also available on the EFW project
website at http://www.durhamyorkwaste.ca/project/efw-committee.htm
I - 7 Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to Susan Self, Chair, CTC Source Protection Committee,
forwarding the Town of Ajax’s comments on the proposed Source
Protection Plan for the CTC Source Protection Region.
I - 9 Kim Coates, Clerk, Township of Scugog, writing to Beverly Haytor,
Commission Office of Ontario, advising that on October 22, 2012, the
Township of Scugog adopted the following resolution pertaining to
Proposed Federal Electoral Boundaries:
“THAT the Council of the Township of Scugog inform the Commission that
it does not support the federal electoral boundaries proposed
recommendation that would include Scugog in the riding of Haliburton-
Uxbridge; and
THAT the Township of Scugog strongly urge the Commission to revise its
recommendation to include Scugog in a riding that would protect the
rights of the citizens of Scugog to effective representation, namely with
Municipalities in the Region of Durham; and
THAT the Council of the Township of Scugog recommends a riding that
would include the Township of Scugog, Township of Brock and the
Municipality of Clarington with a total population base of 117,551; and
THAT Council’s concerns be expressed before the Commission and that
the above mentioned alternative be brought forward to the hearing
scheduled to be held in Oshawa on November 13, 2012; and
THAT this resolution be circulated to the Prime Minister, Federal
Candidates, Mr. John O’Toole, MPP, the Region of Durham and all lower
tier municipalities.”
Council Meeting Minutes - 7 - November 5, 2012
I - 10 Sheila Hall, Executive Director, Economic Development Officer,
Clarington Board of Trade and Office of Economic Development, writing to
Roger Anderson, Regional Chair, Regional Municipality of Durham
expressing support for the Region of Durham’s proposed Federal
Electoral Boundaries recommendations as the Board of Trade is of the
opinion that the recommendations in Scenario 1 is a good representation
for Durham communities and ensures that Durham remains an identifiable
geographic area as well as preserving Clarington as a whole community.
I - 11 Jason Love informing Council that, based on the proposed solution
regarding the lease of the Bond Street Road allowance, they have
decided not to build their home at 16 Boulton Street and have posted “for
sale” signs at the property; suggesting that relocating the garden to
behind the Zuly’s property on the Manvers Street Road allowance would
have provided a win-win solution; and, indicating that they feel the
solution presented is a loss for all.
I - 12 Stan and Sheryl Zuly advising that they accept the terms of the resolution
passed at the General Purpose and Administration Committee meeting of
October 29, 2012, regarding the lease of the Bond Street Road
allowance, suggesting however, that should a further fee be imposed for
the preparation of new leases, the charges be paid by the Loves.
I - 8 Jeany Barrett, Project Leader, Newcastle Heritage Garden Project,
expressing appreciation to Council for support of the Newcastle Heritage
Garden Collaborative.
Resolution #C-310-13
Moved by Councillor Partner, seconded by Councillor Woo
THAT Correspondence Item I – 8 from Jeany Barrett, Project Leader, Newcastle
Heritage Garden Project, be referred to the Council Agenda of December 3, 2012.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
D - 1 Jayme Harper, PFLAG Durham Region (PDR) acknowledging the
difficulties/safety issues experienced by transgendered persons required
to use gendered restrooms at work, school, libraries, bars/restaurants,
etc., and the need to fight for more gender neutral bathrooms; and,
issuing a challenge to Members of Council to take a stand for the New
Human Rights for Trans by supporting the November Gender Neutral
Bathroom Challenge.
Council Meeting Minutes - 8 - November 5, 2012
Resolution #C-311-12
Moved by Councillor Woo, seconded by Councillor Partner
THAT Correspondence Item D – 1 from Jayme Harper, PFLAG Durham Region
(PDR), with respect to the Gender Neutral Bathroom Challenge, be referred to staff to
identify gender-neutral bathrooms in municipal facilities; and
THAT an invitation be extended to individual Members of Council to participate in the
Gender Neutral Restroom Challenge.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report October 29, 2012.
Resolution #C-312-12
Moved by Councillor Novak, seconded by Councillor Neal
THAT the General Purpose and Administration Committee Report of October 29, 2012
be approved, with the exception of Items #7 and #13.
“CARRIED”
Councillor Hooper stated a pecuniary interest with respect to Item #7 of Report #1 as
he owns a business in downtown Bowmanville, and left the Council Chambers during
discussion and voting on this matter.
Item #7
Resolution #C-313-12
Moved by Councillor Neal, seconded by Councillor Novak
THAT Staff be directed to prepare a cost benefit report on on-street parking meters in
Bowmanville; and
THAT this report include input from the Business Improvement Areas.
“CARRIED”
Councillor Hooper returned to the meeting.
Council Meeting Minutes - 9 - November 5, 2012
Item #13
Resolution #C-314-12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report LGL-006-12 be received;
THAT the current lease agreement be terminated;
THAT westerly half of the unopened Bond Street road allowance be offered for lease
to the Zuly’s;
THAT the easterly half of the unopened Bond Street road allowance be offered for
lease to the Love’s;
THAT all property owners abutting the unopened Bond Street road allowance be
notified of the proposed leases immediately;
THAT should Mr. & Mrs. Love not wish to enter into the lease being offered, then the
existing lease agreement with Mr. & Mrs. Zuly will remain status quo; and
THAT in the future where a lease of municipal land is being considered for a private
use, the Municipality shall notify abutting landowners for their input to be considered
prior to a decision being made.
“CARRIED”
STAFF REPORT
Confidential Report PSD-047-12 – Growth Plan Implementation – Regional Official
Plan Amendment No. 128 – OMB Appeal
Resolution #C-315-12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of considering Confidential Report PSD-047-12, a
matter that deals with litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board.
“CARRIED”
The meeting resumed in open session at 7:48 p.m.
Council Meeting Minutes - 10 - November 5, 2012
The Mayor advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and one procedural resolution was
passed.
“CARRIED”
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
Councillor Hooper stated a pecuniary interest earlier in the meeting, refrained from
voting on the By-laws, and left the Council Chambers during discussion and voting on
this matter.
BY-LAWS
Resolution #C-316-12
Moved by Councillor Novak, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2012-082 and 2012-083;
2012-082 Being a by-law to amend By-law 84-63, of the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle (Sylvia Vanhaverbeke)
2012-083 Being a by-law to exempt a certain portion of Registered Plan 40M-2226 from
Part Lot Control; and
THAT the said by-laws be approved.
“CARRIED”
Councillor Hooper returned to the meeting.
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Councillor Neal expressed concern that the flags along the Courtice Main Street were
weathered and worn and questioned if staff could look into replacing them. The
Director of Operations noted that the banners were donated by the Courtice Lions and
Courtice Rotary Clubs and were not the property of the Municipality. He stated that
should Council wish staff to investigate replacing them, staff would require Council
direction and the item would need to be included in the budget.
Council Meeting Minutes - 11 - November 5, 2012
Councillor Novak stated she has spoken to staff at the Region with respect to the
matter involving Covanta in British Columbia confirming the Region is aware of
Covanta's non-compliance and that some test results for fly ash exceeded the
allowable cadmium concentration in landfill. The Region has contacted Covanta
requesting the Ash Management Protocol be finalized as soon as possible and that
Covanta contact the Ministry of the Environment and start discussions with the
Ministry. Regional Staff will also review the plan and have a role to plan in ensuring
its compliance. Councillor Novak indicated the matter would be addressed at the
EFW Waste Management Committee meeting.
Councillor Hooper 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-317-12
Moved by Councillor Novak, seconded by Councillor Neal
THAT leave be granted to introduce By-law 2012-084, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 5t" day of November, 2012; and
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-318-12
Moved by Councillor Partner, seconded by Councillor Traill
THAT the meeting adjourn at 7:55 p.m.
"CARRIED"
A OR MU I CLERK