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HomeMy WebLinkAbout12/03/2012 Adopted as Amended Adopted as Amended Council Meeting Minutes DECEMBER 3, 2012 Minutes of a regular meeting of Council held on December 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 Absent: Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Director of Engineering, T. Cannella Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Manager of Communication & Marketing, J. Cooke, attended until 7:52 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be declaring a pecuniary interest with respect to Item #4 of Report #1 and By-law 2012-089. ANNOUNCEMENTS Councillor Hooper announced the following:  On November 30, 2012, the CP Holiday Train stopped in Clarington. Councillor Hooper expressed appreciation to staff for their efforts in ensuring a successful event and to Canadian Pacific Railway for their support of local food banks  Clarington Older Adults Association events: December 4, 2012, COAA Program Pageant at 11:00 a.m. and lunch at o 12:00 noon Council Meeting Minutes - 2 - December 3, 2012 December 6, 2012, Showcase of the Arts at 7:00 p.m. o December 8, 2012, Christmas Dinner and Dance starting at 5:00 p.m. o December 13, 2012, Clarington Concert Band Christmas Concert o  Annual “Tractor Parade” from Enniskillen to Tyrone on Wednesday, December 5, 2012, starting at 6:00 p.m.  December 15, 2012, Breakfast With Santa at the Hampton Hall  December 7, 2012, Annual Christmas Tree Lighting Ceremony in downtown Bowmanville Councillor Neal extended congratulations to Erin O’Toole, the newly-elected Federal MP for Durham Riding and to all candidates who ran in the Federal by-election. Mayor Foster recognized John O’Toole, MPP, Durham in attendance this evening. Councillor Novak announced the following:  She expressed appreciation to staff of White Cliffe Retirement Residence and to Municipal staff for assistance with the tree lighting ceremony at White Cliffe  Citizenship Ceremony at the Bowmanville High School on December 4, 2012, from 8:30 a.m. to 10:30 a.m.  Clarington Board of Trade Holiday Simply Social Annual Breakfast on December 6, 2012, from 7:30 a.m. until 9:00 a.m.  Hampton Tree Lighting Ceremony on December 4, 2012, at 6:30 p.m. Councillor Partner announced the following:  St. Saviours Anglican Church in Orono, Church Supper and Carols on December 9, 2012, starting at 5:30 p.m.  Breakfast With Santa in Newtonville on December 8, 2012, from 9:00 a.m. until 12:00 noon Councillor Traill announced the following:  She expressed appreciation to Angie Darlison, Executive Director, Clarington Older Adults Association (COAA) and to the volunteers for the success of the County Town Singers Performance at the Tyrone Community Hall on December 2, 2012, and indicated she looks forward to future events being held in Tyrone in conjunction with the COAA  Farmers Parade of Lights on December 5, 2012  She will be speaking at the Annual Candlelight Vigil in Memory of the Victims of the Montreal Massacre at the CAW Local 222 Union Hall in Oshawa on December 6, 2012  Tyrone Community Hall Board Breakfast With Santa on December 15, 2012 Council Meeting Minutes - 3 - December 3, 2012 Mayor Foster expressed appreciation to students of St. Elizabeth Catholic Elementary School for inviting him to attend their Annual Christmas Luncheon on December 3, 2012. Mayor Foster announced the following:  Canadian Nuclear Safety Commission (CNSC) Hearings on the Darlington Nuclear Generating Station’s refurbishment and continued operation are ongoing at the Hope Fellowship Church from December 3 to 6, 2012  Clarington Board of Trade Simply Social Networking Event on December 5, 2012, at A Gift of Art The Director of Operations provided an update on the Municipality’s United Way Campaign, noting the campaign will end this week and has raised $18,344 to date. It is hoped that together with other United Way events, the total raised will exceed $20,000. Resolution #C-339-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held November 19, 2012 be approved. “CARRIED” PRESENTATIONS Mayor Foster presented the Queen’s Diamond Jubilee Award to Wallace Boughen in recognition of his exceptional contribution to the community. Margaret Clayton, Chair, and Ted Baker, Vice-Chair, Energy-From-Waste, Waste Management Advisory Committee (EFW-WMAC), presented their Annual Report to Council. Ms. Clayton indicated the EFW-WMAC consists of nine voting members with diverse backgrounds and expertise. Ms. Clayton stated that during 2012, the Committee made amendments to the Terms of Reference to facilitate public participation, received 15 presentations on various aspects of waste management which provided information and increased awareness on the diverse aspects of waste management in Durham Region, and heard from seven delegates who discussed issues such as monitoring and landscape plans, and the impact of diversion rate projections on the operation of the EFW. The Committee requested information on waste flow control at fast food restaurants, requirements of the Certificate of Approval and Environmental Assessment documents, the roles, differences and overlap of the EFW-WMAC and Energy-From-Waste Advisory Committee, the roles of the various levels of government, waste regulation and legislation, and their impact on the Region’s waste disposal efforts. Council Meeting Minutes - 4 - December 3, 2012 Ms. Clayton highlighted various challenges facing the Committee including the application of the Rules of Procedure and keeping discussions within the mandate of the EFW-WMAC. Members of the Committee toured the Material Recycling Facility in May and arrangements are currently being made for Committee members to tour the Oshawa Waste Management Facility and Covanta’s Energy-From-Waste facility in New York. A tour of the Brock Landfill site, which is being closed, has also been proposed for 2013. Ms. Clayton advised that the Committee is considering participating at Waste Management Department community events as a means of outreach to the general public to increase awareness of the EFW-WMAC and its mandate. Ms. Clayton concluded by stating that EFW-WMAC members are a dedicated group who have demonstrated a keen interest in becoming informed and educated in the many facets and diverse aspects of waste management in Durham Region. Mr. Baker added that participating on the Committee has been a learning experience. He noted that it is a contentious issue and the group is seeking to get information from the public to report back to the appropriate groups. DELEGATIONS Jeany Barrett, Project Leader, Newcastle Heritage Garden Project, addressed Council concerning Unfinished Business #2. Ms. Barrett expressed appreciation to Members of Council for supporting the collaborative which included Newcastle Horticultural Society, Newcastle Community Hall Board and the Municipality of Clarington. Through use of a PowerPoint presentation, Ms. Barrett provided an update on the Newcastle Heritage Garden Project and highlighted before and after photographs of the grounds showing changes to different areas around the Community Hall including the cenotaph, fountain, junior garden pathway and the patio. She highlighted the many fundraising events, and expressed appreciation to the community, recognizing support from businesses, social clubs, and corporate and individual donors. A Garden Party and ribbon-cutting ceremonies were held to celebrate the completion of the Newcastle Heritage Garden Project. Mayor John Henry, City of Oshawa addressed Council concerning Correspondence Item D – 8 - Ethanol Refinery at the Oshawa Harbour Update. Mayor Henry stated he was before Council this evening to provide the truth about ethanol. Mayor Henry acknowledged Larry Ladd who was also in attendance this evening. Mayor Henry stated that Oshawa’s waterfront is owned by the Federal government and as such, it is not subject to the same rules pertaining to development as municipal or privately- owned lands. He stated that Members of Oshawa City Council are not opposed to development or employment opportunities, but have taken the position that an ethanol refinery at the Oshawa waterfront is not an appropriate location. Mayor Henry stated that Oshawa’s position has also been endorsed by the Region of Durham. He advised that the Township of Brock is a willing host for the refinery as a complimentary agricultural-related use. Council Meeting Minutes - 5 - December 3, 2012 Through use of a PowerPoint presentation, Mayor Henry reviewed sensitive land uses in proximity to the proposed ethanol refinery and the risk the plant proposes to residential areas, and educational and recreational facilities in proximity to the refinery. He stated that Oshawa’s vision is to continue to create a waterfront consistent with neighbouring communities and focus on redeveloping their waterfront as a vibrant people-friendly place. Mayor Henry confirmed his intention in addressing Council this evening was to provide information on federally-owned land in a municipality. COMMUNICATIONS Resolution #C-340-12 Moved by Councillor Traill, seconded by Councillor Partner THAT the communications to be received for information be approved, with the exception of Correspondence Item I - 12. “CARRIED” I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 13, 2012 I - 2 Minutes of the Newcastle Community Hall Board dated May 22, September 18, and October 16, 2012 I - 3 Minutes of the Energy-from-Waste Advisory Committee (EFWAC) dated January 20, April 11, August 4, October 27, 2011 and July 18, 2012 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated November 20, 2012 I - 5 Linda Gasser forwarding a copy of her delegation comments to the Regional Works Committee on November 7, 2012, regarding the Draft EFW Community Communications Plan for the Energy-From-Waste facility, together with copies of Condition 7 of the Environmental Assessment approval and the Draft Community Communications Plan, expressing concern with various sections of the Plan; and urging Regional Council to review all communications plans developed by the Project Team to communicate with Durham residents before the Project Team’s final draft is submitted to the Ministry of the Environment. Council Meeting Minutes - 6 - December 3, 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 November 1, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the 2012 Compliance Monitoring Program Report  November 1, 2012 Durham-York Energy Centre 2012 Compliance Monitoring Report  November 1, 2012, Durham-York Energy Centre 2012 Compliance Monitoring Report, Appendix C Advisory Committee Annual Report 2012  Letter to the Ministry of the Environment dated November 1, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Regional Municipality of Durham’s Waste Diversion Program Monitoring Report 2011  The Regional Municipality of Durham, Waste Management Services 2011 Annual Report  Letter to the Ministry of the Environment dated November 1, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Regional Municipality of York Waste Diversion Program Monitoring Plan  The Regional Municipality of York, 2011 Annual Diversion Report  Letter to the Ministry of the Environment dated November 8, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the September 2012 Complaint and Inquiry Logs  September 2012 Durham-York Energy Centre Call Centre Log  September 2012 Durham-York Energy Centre Website Traffic Report  September 2012 Durham-York Energy Centre Complaint Project Team Log  Letter to the Ministry of the Environment dated November 8, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding the Air Emissions Monitoring Plan Revision (Environmental Assessment Condition 12)  Air Emissions Monitoring Plan Revision Document (November 2012)  Letter to the Ministry of the Environment dated November 9, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Regional Municipality of York’s Revised Waste Diversion Monitoring Report for 2011; 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 - 7 - December 3, 2012 I - 7 Melanie Aunger, RN, Public Health Nurse, Regional Municipality of Durham, advising that the Regional Health Department is launching a quit smoking campaign; enclosing a quit smoking poster and requesting it be posted at a facility to help reach smokers in the community; and, advising community partners to contact the Durham Health Connection line at 905- 666-6241, 1-800-841-2729 or www.durham.ca/tobacco for further information or additional resources. I - 8 Christine Harvey and Marilyn Quintin, on behalf of the Wilmot Creek community, expressing appreciation to Mayor Foster and Members of Council for attending the Wilmot Creek Remembrance Day Service and their continued support of Wilmot Creek endeavours. I - 9 Denise Jamal, Manager, Public Affairs, Hydro One, providing an update on Hydro One’s Clarington Transformer Station project; indicating the Project Team has incorporated feedback received at the second public information centre into the draft Environmental Study Report (ESR); advising the Report will be available for a 30-day public and stakeholder review and feedback period from November 15 to December 17, 2012 and is available on-line at www.HydroOne.com/projects; and, forwarding a copy of the ad which will be placed in the newspapers and hand-delivered to residents living within the vicinity of the proposed station site. I - 10 John R. O’Toole, MPP, Durham, writing to the Honourable Bob Chiarelli, Minister of Transportation, expressing concern that the four-page Ontario Government Notice published November 1, 2012 under the Expropriations Act in local newspapers did not include a better background explanation of what the notice means to individuals whose property is in the path of the eastward extension of Highway 407 through Clarington; stating that in his view, a plan language explanation of the reasons for placing the notice is required; and, suggesting that future notifications should include a website, e-mail or contact number that citizens can call for additional information. I - 11 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization (NWMO), forwarding a copy of “Implementing Adaptive Phased Management 2013 to 2017 – Draft for Public Review”, NWMO’s annual five-year strategic plan for implementing Canada’s plan for the safe, long-term care of used nuclear fuel; indicating the plan provides an overview of the NWMO and Adaptive Phased Management and presents highlights of the planned work program; advising the plan will be refined based on comments received and the final document will be published along with the NWMO’s Annual Report in March 2013; and, inviting comments by January 10, 2013. Council Meeting Minutes - 8 - December 3, 2012 I - 12 Steve Fracz, expressing disappointment with the Provincial Policy regarding the care and upkeep of farmland and homes that have been purchased for the Highway 407 East extension; questioning why areas not required for the highway strip containing homes and land are being left to decay instead of just the area required for the highway; stating that as a farmer, he understands the value of quality farmland and its importance in a rural community, and that in the interim of highway development, there would be an opportunity to rent the land and houses until the highway is created; pointing out the urgency of creating a realistic plan for construction and development of the highway that would benefit the multiple stakeholders such as government, farmers, local residents and fellow taxpayers; and, hoping that a more logical and productive plan can be created. Resolution #C-341-12 Moved by Councillor Novak, seconded by Councillor Partner WHEREAS the second Phase of the 407 East EA, largely through the Municipality of Clarington, is not going to be completed until 2020 and further it is being constructed in two sub-phases of Harmony to the East Link/401 and then the East Link to 35/115 with anticipated completion dates of 2017 and 2020 respectively; and WHEREAS in mid-October Clarington learned that MTO had cancelled or not renewed any and all farm lease agreements for 2013, to gain timely access for engineering and field investigations; and WHEREAS Clarington staff informed MTO staff that cancelling all the leases for 2013 impacts Clarington’s largest economic sector, having agricultural lands lay fallow is problematic for the adjacent farms and engineering and field investigations could be carried out in a staged manner much like the construction; and WHEREAS the Agriculture Advisory Committee of Clarington and the Clarington Board of Trade have voiced their concern regarding the cancellation of the farm leases and its impact on the community; and WHEREAS MTO Staff have provided no guarantee that the residual parcels (excess to the 407 right of way) will be leased for agriculture in 2014; WHEREAS Commitment #43 of Exhibit 9.2 in the EA Commitments and Compliance Monitoring of the 407 East – Environmental Assessment Report indicates that the proponent will “transfer all agricultural mitigation measures and monitoring requirements into the EMPs (Environment Management Plan). Current measures and Best Management Practices available at the time of construction should be implemented where applicable.” Council Meeting Minutes - 9 - December 3, 2012 NOW THEREFORE BE IT RESOLVED THAT The Municipality of Clarington requests the Ministers and Ministries of the Environment, Transportation and Agriculture, Food and Rural Affairs work together to determine more appropriate construction management practices that meets the commitments made in the EA and balances the interests of agriculture with the construction scheduling and work to be carried out for the 407 East link through Clarington to the 35/115; and THAT a copy of this resolution be forwarded to the Regional Municipality of Durham and the area municipalities within the Region of Durham, the Agricultural Advisory Committee of Clarington, Clarington Board of Trade, the Region of Durham Agricultural Advisory Committee, MPP John O’Toole and Steve Fracz. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D - 9 was received as a Hand-Out. Resolution #C-342-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 7, and Hand-out Correspondence D - 9 be approved as per the Agenda, with the exception of Correspondence Item D - 4. “CARRIED” D - 1 Alice Johnson, Volunteer Chair, PITCH-IN Ontario, extending appreciation to PITCH-IN volunteers for 2012; advising 4.5 million tonnes of garbage and recycling and over 18,000 action projects were completed nationally during the 2012 week-long event; encouraging the Municipality to become a Municipal Patron; advising the 2103 PITCH-IN WEEK will focus on tree growth, care, regrowth and planting in partnership with their community clean-up and recycling campaign; and, forwarding a patron application form. (Correspondence referred to the Director of Operations) Council Meeting Minutes - 10 - December 3, 2012 D - 2 Tim Teasdale, objecting to the Proposed Draft Plan of Subdivision 18T- 90022, Part Lot 30, Concession 2, former Township of Darlington, south of Durham Highway 2 and east of Trulls Road – Bonnydon Limited as the areas north and south of the proposed subdivision are forested wetland and that the intent of the Provincial Policy Statement is to preserve and/or enhance all natural heritage features and to ensure that remaining lands are developed in such a fashion that issues such as density intensification, walk-ability, complete community, etc. are created and not turned into pavement. (Correspondence referred to the Director of Planning Services) D - 3 Florence Alexander-Parray, objecting to the Proposed Draft Plan of Subdivision 18T-90022, Part Lot 30, Concession 2, former Township of Darlington, south of Durham Highway 2 and east of Trulls Road – Bonnydon Limited as the areas north and south of the proposed subdivision are forested wetland and that the intent of the Provincial Policy Statement is to preserve and/or enhance all natural heritage features and to ensure that remaining lands are developed in such a fashion that issues such as density intensification, walk-ability, complete community, etc. are created and not turned into pavement. (Correspondence referred to the Director of Planning Services) D - 5 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism, advising of the Paul Yuzyk Award for Multiculturalism, an Award established in 2009 to commemorate the pioneering legacy and achievements of the late Senator Yuzyk in the area of multiculturalism by acknowledging and honouring individuals who have made exceptional contributions to multiculturalism and diversity and includes a $20,000 grant to be given to an eligible, registered, not-for-profit Canadian organization or association of the recipient’s choice. Nominations are being accepted until March 1, 2013. Further details are available at www.cic.gc.ca/paulyuzyk. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 6 Jessica Bigalke, Director, A BIG mobile SIGN company Inc., requesting that the current sign by-law 2009-123 be amended to allow black and white lettering only, to permit two businesses to share a single sign permit and one page permit application form, and to change the allowable distance between signs to 150 feet instead of the current 240 feet. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 11 - December 3, 2012 D - 7 Michael Chan, Minister of Citizenship and Immigration inviting participation in the 2013 Volunteer Service Awards Program recognizing volunteers from all sectors for their continuous years of service in a community organization; indicating the nomination process has been enhanced to encourage more youth nominations; advising each organization may nominate up to nine volunteers, three of whom must be youth; and, indicating nomination forms and additional information on the program is available on the Ministry of Citizen and Immigration website at www.ontario.ca/honoursand awards. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 9 Nancy Marsh, objecting to the Proposed Draft Plan of Subdivision 18T- 90022, Part Lot 30, Concession 2, former Township of Darlington, south of Durham Highway 2 and east of Trulls Road – Bonnydon Limited as the areas north and south of the proposed subdivision are forested wetland and that the intent of the Provincial Policy Statement is to preserve and/or enhance all natural heritage features and to ensure that remaining lands are developed in such a fashion that issues such as density intensification, walk-ability, complete community, etc. are created and not turned into pavement. (Correspondence referred to the Director of PlanningServices) D - 4 Jo-Anne McFarland, Clarington Polar Bear Swim Committee, extending an th invitation to Mayor Foster and Members of Council to participate in the 13 Clarington Polar Bear Swim to be held on January 1, 2013 at the Newcastle Beach to raise awareness of the urgent need for organ and tissue donations and to raise funds for the Sick Kids Foundation to be directed towards research for pediatric liver disease; and, requesting Council’s approval for members of Clarington Fire Station #2 to provide an Emergency Service presence at this community event. Resolution #C-343-12 Moved by Councillor Traill, seconded by Councillor Neal THAT the request from Jo-Anne McFarland, Clarington Polar Bear Swim Committee, for members of Clarington Fire Station #2 to provide an Emergency Service th presence at the 13 Clarington Polar Bear Swim on January 1, 2013 at the Newcastle Beach, be approved. “CARRIED” Council Meeting Minutes - 12 - December 3, 2012 D - 8 Mayor John Henry, City of Oshawa, advising on August 9, 2012, the Oshawa Port Authority announced approval for FarmTech Energy Corporation to build and operate an ethanol refinery at the Oshawa Harbour; indicating that both Oshawa City Council and Durham Regional Council are opposed to the development of an ethanol refinery at the Oshawa Harbour; suggesting that an ethanol refinery is more suited to an agricultural area such as the Township of Brock who has declared its interest in the ethanol refinery; and, requesting Council’s support in opposing the development of an ethanol refinery at the Oshawa Harbour. Resolution #C-344-12 Moved by Councillor Partner, seconded by Councillor Novak THAT Correspondence Item D - 8 from Mayor John Henry, City of Oshawa, be received for information. “CARRIED LATER IN THE MEETING” (See following motion) Resolution #C-345-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-344-12 be amended to add: ‘THAT the Municipality of Clarington supports the ethanol refinery being required to obtain Certificates of Approval under the Environmental Protection Act and the Ontario Water Resources Act.’ “MOTION 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 √ The foregoing Resolution #C-344-12 was then put to a vote and CARRIED. Council Meeting Minutes - 13 - December 3, 2012 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report November 26, 2012. Resolution #C-346-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of November 26, 2012 be approved, with the exception of Items #4, #5, #8, and #13. “CARRIED” Councillor Novak stated a pecuniary interest with respect to Item #4 of Report #1 as her husband has a transaction with a member of the Vanhaverbeke family, and left the Council Chambers during discussion and voting on this matter. Item #4 Resolution #C-347-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD-051-12 be received; THAT the application to amend the Zoning By-law be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report PSD-051-12, be passed; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-051-12 and Council’s decision; and THAT all interested parties listed in Report PSD-051-12 and any delegations be advised of Council’s decision. “CARRIED” Councillor Novak returned to the meeting. Council Meeting Minutes - 14 - December 3, 2012 Item #8 Resolution #C-348-12 Moved by Councillor Novak, seconded by Councillor Neal THAT Report EDG-032-12 be received; THAT staff be directed to investigate leasing opportunities as a short-term solution to allow for the planning of the park to proceed sooner, with a view to a long-term parking solution; and THAT all interested parties listed in Report EDG-032-12 be advised of Council’s decision. “CARRIED” Item #5 Resolution #C-349-12 Moved by Councillor Neal, seconded by Councillor Novak THAT Report PSD-052-12 be received; THAT the proposed Secondary Plan and Official Plan Amendment continue to be reviewed by staff and that a further report be prepared following the receipt of additional agency and public comments; and THAT the interested parties listed in Report PSD-052-12 and any delegations be advised of Council’s decision. “CARRIED LATER IN THE MEETING” (See following motion) Council Meeting Minutes - 15 - December 3, 2012 Resolution #C-350-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-349-12 be amended by adding a new third paragraph as follows: “THAT the Planning Services Department report back to the General Purpose and Administration Committee on the possible expansion of Roy Nichols Motors Limited to the west if that is the owner’s desire.” “MOTION 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 √ The foregoing Resolution #C-349-12 was then put to a vote and CARRIED. Item #13 Resolution #C-351-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Report FND-025-12 be received; THAT the implementation of the new services fees and the increase in fees addressed in Report FND-025-12 be approved, with the exception that the $25.00 plus applicable taxes fee for Arrears Notice/Letter for tax accounts becoming eligible for tax sale in Schedule “F” be deleted; and THAT the by-law attached to Report FND-025-12 as Attachment “A” be approved. “MOTION LOST” Council Meeting Minutes - 16 - December 3, 2012 Resolution #C-352-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-025-12 be received; THAT the implementation of the new services fees and the increase in fees addressed in Report FND-025-12 be approved; and THAT the by-law attached to Report FND-025-12 as Attachment “A” be approved. “CARRIED” STAFF REPORT There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS Federation of Municipalities of Canada – Nominations for the Queen’s Diamond Jubilee Medal Award Resolution #C-353-12 Moved by Councillor Partner, 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 a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. “CARRIED” The meeting resumed in open session at 9:07 p.m. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. “CARRIED” Resolution #C-354-12 Moved by Councillor Partner, seconded by Councillor Novak THAT Larry Bryan be nominated as a Municipality of Clarington candidate through the Federation of Canadian Municipalities, to receive a Queen’s Diamond Jubilee Medal in the Canadian Forces Field; Council Meeting Minutes - 17 - December 3, 2012 THAT Bonnie Reid be nominated as a Municipality of Clarington candidate through the Federation of Canadian Municipalities, to receive a Queen’s Diamond Jubilee Medal in the Volunteer Service Field; THAT Diane Hamre be nominated as a Municipality of Clarington candidate through the Federation of Canadian Municipalities, to receive a Queen’s Diamond Jubilee Medal in the Politics Field; and THAT Dave Lawson be nominated as a Municipality of Clarington candidate through the Federation of Canadian Municipalities, to receive a Queen’s Diamond Jubilee Medal in the Voluntary Service Field. “CARRIED” Resolution #C-355-12 Moved by Councillor Partner, seconded by Councillor Novak THAT the presentation by Jeany Barrett, Project Leader, Newcastle Heritage Garden Project, be received for information and that a letter of appreciation be forwarded to the Newcastle Heritage Garden Project Collaborative. “CARRIED” Resolution #C-356-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the presentation by Margaret Clayton, Chair and Ted Baker, Vice-Chair, Energy-From-Waste, Waste Management Advisory Committee (EFW-WMAC), be received with thanks; THAT the resolution of the Energy-From-Waste, Waste Management Advisory Committee requesting additional air monitoring stations be considered, be endorsed; and THAT the Regional Municipality of Durham and all area municipalities within Durham Region be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 18 - December 3, 2012 BY-LAWS By-law 2012-091 was received as a Hand-Out. Councillor Novak stated a pecuniary interest with respect to By-law 2012-089 as her husband has a transaction with a member of the Vanhaverbeke family, and left the Council Chambers during discussion and voting on this matter. Resolution #C-357-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2012-089 to 2012-091; 2012-089 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Theresa Vanhaverbeke in trust for Syvan Developments Limited) 2012-090 Being a by-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees 2012-091 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Bobby Turner) (90, 94, 102 and 106 Aspen Springs Drive); and THAT the said by-laws be approved. “CARRIED” Councillor Novak 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 appreciation to Marven Whidden and Michelle Speelman Viney, Members of the Energy-From-Waste Waste Management Advisory Committee from Clarington who upheld the will of Clarington residents in voting in favour of requesting additional monitoring for Clarington’s EFW facility. He noted that Kathy Coupland voted against the motion and that Sophia Wouters had left the meeting. Council Meeting Minutes _19- December 3, 2012 Councillor Hooper also expressed appreciation to members of the Energy -From- Waste Waste Management Advisory Committee for their efforts in representing Clarington on the EFW -WMAC Committee. CONFIRMING BY -LAW Resolution #C- 358 -12 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By -law 2012 -092, 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 December, 2012; and THAT the said by -law be approved. "CARRIED" ADJOURNMENT Resolution #C- 359 -12 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 9:16 p.m. "CARRIED"