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HomeMy WebLinkAbout01-14-2013 Council Meeting Minutes JANUARY 14, 2013 Minutes of a regular meeting of Council held on January 14, 2013 at 7:00 p.m., in the Council Chambers. Councillor Partner 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 Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, attended until 7:30 p.m. Corporate Initiatives Officer, C. Clifford 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 #10 of Report #1. ANNOUNCEMENTS Councillor Hooper announced the following:  He expressed appreciation to Members of Council who attended Curves Bowmanville on January 10, 2013  The Big Brothers Big Sisters 2013 “Bowl for Kids’ Sake” Campaign Launch Party on January 16, 2013 at Clarington Central School from 7:00 p.m. to 8:00 p.m. Council Meeting Minutes - 2 - January 14, 2013  He attended MPP John O’Toole’s, Annual New Year’s Levee on Sunday, January 13, 2013, at the Sarah Jane Williams Heritage Centre. The grand opening of the “Ice Age Mammals” exhibit at the Heritage Centre will take place on January 19, 2013 at 11:00 a.m., with special “guests” from the Bowmanville Zoo in attendance. The exhibit will be on display from January 14 to April 30, 2013  Clarington Older Adult Association will host a social dance on January 18, 2013, a Robbie Burns luncheon on January 22, 2013 at 11:30 a.m. and the Euchre Extravaganza on January 26, 2013 Councillor Neal encouraged all to visit the “Ice Age Mammals” exhibit at the Sarah Jane Williams Heritage Centre. He acknowledged Martha Rutherford-Conrad, Executive Director, who will be leaving the Museum. He also announced the Clarington Museums and Archives will host a Robbie Burns dinner on January 26, 2013, at the Newcastle Community Hall. Councillor Novak announced the following:  Notice of Public Information Centre for the Port Darlington Waterfront Park Development on January 24, 2013, from 5:00 p.m. to 8:00 p.m. at Bobby C’s Dockside  The “Reading With Ronald Tour”, Ronald McDonald story-time meet and greet, on February 18, 2013, from 10:30 a.m. at the Bowmanville Branch of the Clarington Public Library  Clarington Official Plan Amendment No. 89, Courtice Mainstreet Secondary Plan Official Plan Review at the General Purpose and Administration Committee meeting on January 21, 2013  OPG’s Darlington Nuclear Generating Station Refurbishment, Port Hope Area Initiative and the Highway 407 East expansion are three of the top 100 Infrastructure Projects in Canada  Durham Trade and Commerce Magazine references potential growth for Clarington noting the total of all projects is $22 billion in investment in future years and great things to look forward to Councillor Partner announced the Kendal Lions Club will be holding a Pancake Breakfast on January 20, 2013, from 9:00 a.m. until noon at the Kendal Community Centre. Proceeds will be donated to local and global Lions Club charitable projects. Councillor Traill issued a friendly challenge to Members of Council to enter a team in the Big Brothers Big Sisters “Bowl for Kids’ Sake” Annual Campaign. Councillor Woo announced that the Region of Durham’s monthly Re-Use Day will be held on January 19, 2013, from 9:00 a.m. to 1:00 p.m. at the Regional Waste Management Centre, 4600 Garrard Road in Whitby. Residents are encouraged to drop off used goods to be donated to local charities. Council Meeting Minutes - 3 - January 14, 2013 Mayor Foster announced the following:  He encouraged all residents to attend the Public Information Centre for the Port Darlington Waterfront Park Development th  He, along with other Federal, Provincial and Municipal leaders, attended the 8 Annual Chinese Business Excellence Awards and New Year’s Gala on Saturday, January 12, 2013  The Port Hope Area Initiative Low Level Radioactive Waste Management th Office is celebrating their 30 Anniversary with an open house on Wednesday, January 16, 2013, from 2:00 p.m. to 4:00 p.m.  On Friday, January 18, 2013 at 11:00 a.m. he will be dropping the puck at the Garnet B. Rickard Recreation Complex for the opening ceremonies of the Clarington Girls’ Hockey Association Tournament  Men’s Breakfast at St. Francis of Assisi Church in Newcastle on Saturday, January 19, 2013  “World Religion Day”, celebration of all faiths, on Sunday, January 20, 2013, at 2:00 p.m. held this year at the Township of Scugog Community Centre  He extended appreciation to Martha Rutherford-Conrad and John Conrad who will be leaving the Municipality and thanked them for their involvement in the community  “Newcastles of the World” celebration, anticipated to be held here in 2014, will now be held in the Czech Republic, due to logistics Resolution #C-001-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held December 17, 2012 be approved. “CARRIED” PRESENTATIONS Mayor Foster presented Certificates of Recognition to Kyle Lagace and Zackary Lagace in recognition of their outstanding accomplishments in the Youth Maple Syrup Category at the Royal Agricultural Winter Fair, November 2012. Mayor Foster acknowledged letters he received from Zackary and Kyle and requested permission to post them on Clarington’s website. Council Meeting Minutes - 4 - January 14, 2013 DELEGATIONS Gord Lee, Chair, Newcastle Memorial Arena Management Board, addressed Council concerning Correspondence Item I – 10 - Updates and Improvements to the Newcastle Memorial Arena. Mr. Lee indicated that ten years ago, Council supported the Board by providing a loan in the amount of $360,000 to update the facility and provided the expertise of staff to assist in carrying out the plan. Mr. Lee noted that since then, repairs and upgrades have been made to the washrooms, change rooms, the lobby has been redesigned, asbestos and contaminants have been removed, changes in energy and the ice plant have occurred, the snack bar has been relocated to the downstairs lobby and indoor lobby bleachers have been installed. The Board has also purchased an Olympia ice resurfacer. Mr. Lee noted the purpose of his delegation tonight is significant in that he will be making the final payment to the municipality on the $360,000 loan. Mr. Lee indicated that the loan was a great investment for the community and has helped to increase revenues noting the Board is now debt-free. Mr. Lee acknowledged the efforts of past and current Board members, staff and Members of Council. Mayor Foster, Councillor Partner and Councillor Woo accepted the cheque in the amount of $25,462.16, representing the Board’s final loan payment. Patricia Long addressed Council concerning Item 5 of Report # 1 - Report PSD-004-13 - Applications to Amend the Clarington Official Plan and Zoning By-Law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units. Ms. Long indicated that she is opposed to the proposal as her home is directly across the street from the property and she does not feel that the development conforms to the existing neighbourhood. Ms. Long stated the existing area is an established neighbourhood and that the subject property has been rezoned twice and she is concerned that the applicant is now requesting an amendment to the Official Plan. Ms. Long stated she has lived in the area since 1965 and she is not against progress but feels that the proposed building is excessive for the lot, will visually impact neighbours, will increase traffic and will interfere with her quality of life. She urged Members of Council to consider the area residents when deciding the issue. Janusz Zielinski addressed Council concerning Item 5 of Report # 1 – Report PSD-004-13 - Applications to Amend the Clarington Official Plan and Zoning By-Law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units. Mr. Zielinski stated he has resided in the neighbourhood for 1½ years and currently the traffic is extremely heavy, particularly in the morning and in the evening and that cars regularly use streets for racing. Mr. Zielinski is concerned that a tragedy will happen as thousands of people live in the area. He does not feel that the building is appropriate to the area and that sufficient parking will be available for residents and visitors. He also feels that if the building is a subsidized living facility, crime will increase and safety of residents will be impacted. Mr. Zielinski urged Council not to approve an apartment building at that location. Council Meeting Minutes - 5 - January 14, 2013 Udana Ruel addressed Council concerning Item 5 of Report # 1 - Report PSD-004-13 - Applications to Amend the Clarington Official Plan and Zoning By-Law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units. Ms. Ruel stated she is a new resident to the area who was advised when she purchased her home that the land would be used for a medical building. She expressed concern that if the building is for subsidized housing, there will be no pride of ownership and the surrounding properties will decrease in value. She is also concerned with safety and parking issues. Ms. Ruel stated the proposal will be intrusive and should not be permitted. Chris Foster addressed Council concerning Item 5 of Report # 1 – Report PSD-004-13 - Applications to Amend the Clarington Official Plan and Zoning By-Law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units. Mr. Foster stated that he was addressing Council on behalf of his neighbours, his wife, and himself to express their concerns about the apartment building proposed to be constructed behind his home. He stated that the apartment will be an invasion of his privacy and home life and his family will not feel comfortable enjoying the home they have worked so hard to own. He feels it is unacceptable for so many residents to have a view into their home and backyard. Mr. Foster does not feel that the proposal conforms to the Provincial Policy Statement or the Region of Durham and Municipal Official Plan Policies as the proposal is not consistent with the existing neighbourhood and that a four-storey building towering over residential homes is not an appropriate transition and will detract from the neighbourhood. He expressed concern with noise, lighting issues and requested Council to consider the opinions of the existing residents when deciding on the matter. Josh Miller addressed Council concerning Item 5 of Report # 1 - Report PSD-004-13 - Applications to Amend the Clarington Official Plan and Zoning By-Law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units in opposition to the development. He urged Members of Council to personally visit the location and see for themselves how the building will impact the neighbourhood. Mr. Miller feels that proposed plantings and moving the building on the lot are not viable solutions. He stated that the parking lot will be lit at all hours of the night. Mr. Miller stated that anything higher than three storeys will be an infringement on surrounding property owners. Resolution #C-002-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Council recess for 15 minutes. “CARRIED” The meeting reconvened at 8:45 p.m. Council Meeting Minutes - 6 - January 14, 2013 COMMUNICATIONS Resolution #C-003-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 1, I - 8, I - 9 and I - 10. “CARRIED” I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 11, 2012 I - 3 Minutes of the Clarington Agricultural Advisory Committee dated December 13, 2012 I - 4 Minutes of the Clarington Museums and Archives Board dated October 10, 2012 I - 5 Minutes of the Newcastle Memorial Arena Management Board dated November 13, 2012 I - 6 Minutes of the Clarington Accessibility Advisory Committee dated January 2, 2013 I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 12, 2012, Regional Council adopted the following resolution pertaining to the 2013 Interim Regional Property Tax Levy: “a) THAT a 2013 Interim Regional Property Tax Levy be imposed on the Area Municipalities for all property tax classes; b) THAT the amount due from each Area Municipality is estimated to be equivalent to 50% of their respective share of the Regional Property Taxes collected in 2012; c) THAT the 2013 Interim Regional Property Tax Levy be paid by the Area Municipalities seven days subsequent to the installment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; Council Meeting Minutes - 7 - January 14, 2013 d) THAT the Regional Clerk be requested to advise the Area Municipalities of the imposition of the 2013 Interim Regional Property Tax Levy for all property tax classes; and e) THAT the requisite by-law be approved.” I - 11 Tracey Tyner Cavanagh, Accessibility Co-ordinator, Office of the Regional Chair & Chief Administrative Officer, Regional Municipality of Durham, forwarding a copy of the Region’s 2012 Accessibility Report and 2013- 2015 Multi-year Accessibility Plan. I - 1 Minutes of the Clarington Heritage Committee dated December 10, 2012 Resolution #C-004-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Minutes of the Clarington Heritage Committee dated December 10, 2012, be received for information; and, THAT a letter of appreciation be sent to the Clarington Heritage Committee for their efforts with respect to the Highway 407 Salvage Strategy. “CARRIED” I - 8 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence he received from the Honourable Deb Matthews, Minister of Health and Long- Term Care in response to his correspondence regarding Council’s support of an amendment to Regulation 319/08 allowing rural Bed and Breakfast businesses in Ontario to use public labs for water samples and testing indicating that the Minister will consult with stakeholders to identify more feasible solutions where access to affordable testing laboratories is particularly challenging. The Minister encourages owners/or operators of small drinking water systems to also consult with staff of local public health units to identify alternate means of reducing the cost and efforts associated with submitting samples to licensed commercial laboratories. Resolution #C-005-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I – 8, from John R. O’Toole, MPP, Durham, with respect to Regulation 319/08 – Use of Public Health Ontario (PHO) Laboratories for Drinking Water Testing Services, be referred to the Regional Municipality of Durham and to the Clarington Board of Trade. “CARRIED” Council Meeting Minutes - 8 - January 14, 2013 I - 9 Agatha Garcia-Wright, Director, Environmental Assessment and Approvals Branch, Ministry of the Environment, responding to Council’s correspondence of December 7, 2012, regarding the Highway 407 East Extension Environmental Assessment in which Council questioned whether the Ministry of Transportation is complying with the provisions and commitments in the environmental assessment for Highway 407 East extension regarding agricultural mitigation measures; indicating that as part of the Conditions of Approval set out in the Notice of Approval for the Highway 407 East Extension Environmental Assessment, the Ministry of Transportation is required to prepare a Compliance Monitoring Program describing how they will monitor their fulfillment of the Conditions of Approval and to submit an Annual Compliance Report describing the initiatives undertaken each year in meeting the requirements of the Conditions of Approval and commitments made in the environmental assessment document; advising that the Environmental Assessment Compliance Monitoring Program and the Annual Compliance Report for the second phase of the Highway 407 East Extension were submitted on May 31, 2012, and the Ministry of the Environment is satisfied that the Ministry of Transportation is complying with the conditions and commitments made; advising in response to Council’s concerns regarding the cancellation of farm leases and the impacts on adjacent farm land, the Ministry of Transportation has committed to confirming whether or not opportunities for remnant land parcels to remain in agricultural use during the design phase for the second phase undertaking and indicating that there will be an opportunity for members of the 407 East Advisory Committee to review and provide advice on how opportunities for remnant parcels to remain in agricultural use were considered; and, encouraging the Municipality to continue participation in the 407 East Advisory Committee and to work with the Ministry of Transportation to address Council’s concerns. Resolution #C-006-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 9 from Agatha Garcia-Wright, Director, Environmental Assessment and Approvals Branch, Ministry of the Environment, with respect to the Highway 407 East Extension Environmental Assessment, be referred to staff; and, THAT staff be requested to consult with the Clarington Agricultural Advisory Committee. “CARRIED” Council Meeting Minutes - 9 - January 14, 2013 I - 10 Gord Lee, Chair, Newcastle Memorial Arena Management Board, advising that in 2002, Council provided the Arena Board with a $360,000.00 loan for an extensive renovation and capital expenditure program to update and improve the arena in Newcastle; advising that improvements were made to the lobby, change rooms, showers, snack bar, lighting and flooring and included the purchase of a new Olympia Ice Resurfacer; indicating that throughout the ten-year period, the Board has consistently made payments on this loan; and, providing an update of the Board’s endeavours. Resolution #C-007-13 Moved by Councillor Woo, seconded by Councillor Partner THAT Correspondence Item I – 10 from Gord Lee, Chair, Newcastle Memorial Arena Management Board, with respect to updates and improvements to the Newcastle Memorial Arena, be received for information; and THAT a letter of appreciation be sent to the Newcastle Memorial Arena Management Board in recognition of the work they do on behalf of the residents and the Municipality of Clarington and for receipt of the final loan payment in the amount of $25,462.16. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D - 4 was received as a Hand-Out. Resolution #C-008-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Items D - 1, D - 2, and Hand-out Correspondence Item D - 4 be approved as per the Agenda. “CARRIED” Council Meeting Minutes - 10 - January 14, 2013 D - 1 The Honourable Michael Chan, Minister of Citizenship and Immigration, advising that nominations for the Ontario Medal for Young Volunteers are being accepted by the Ontario Honours and Awards Secretariat to recognize young volunteers between the ages of 15 and 24 who have improved the quality of life in their communities, province, country and the world by understanding the importance of volunteering and who demonstrate leadership, initiative and perseverance as well as inspire others; advising that nomination forms and additional information about the Ontario Medal for Young Volunteers is available on the Ministry’s website at www.ontario.ca/honoursandawards; and, indicating the deadline for nominations is January 31, 2013. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 2 Brian Errey referencing a December 21, 2012, article in the Clarington This Week regarding greenspace policy, and questioning how any potential changes apply to the Bonnydon proposal. (Correspondence referred to the Director of Planning Services) D - 4 Ivano De Carolis, Manager, Alpa Pre-Engineered Panel Systems Inc., writing further to their presentation to the General Purpose and Administration Committee of January 7, 2013, regarding Report PSD-001- 13 –Application for Temporary Rezoning to Permit Outdoor Storage of Pre-Engineered Panels for a Maximum of Three (3) Years, providing further information in support of their applications; indicating that the company also owns the property adjacent to the land in question, they have recently invested in a multi-million dollar wall panel line that will increase their production capacity and decrease turnaround time, advising they will be putting 6 foot cedars along the east fence line, seeding and maintaining the berms to address screening on the frontage on Baseline Road and will try to keep most of the stored product closer to the north side of the property facing Cigas Road, addressing safety concerns with forklifts crossing Cigas Road; indicating that without the approval, the company will run out of storage space to satisfy their customers’ building schedules and will have to lay off employees; and, requesting that Council consider that the company is a member of the community in good standing, have taken over and expanded an existing operation, and have enhanced local businesses. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 11 - January 14, 2013 D - 3 Paul Shipway, Deputy Clerk, Township of Uxbridge, advising Council that on December 10, 2012, the Township of Uxbridge adopted the following resolution pertaining to the Ontario Municipal Partnership Fund Transition–Year Stable Funding: “WHEREAS the Ontario Municipal Partnership Fund (OMPF) is the Province’s main transfer payment to municipalities and is a critical provincial funding program; AND WHEREAS the 2013 OMPF Transition-Year Stable Funding ensures municipalities will receive at least 90% of the 2012 OMPF allocation; AND WHEREAS the Township of Uxbridge 2013 OMPF Transition-Year Stable Funding allocation is 90.1% of the 2012 Township of Uxbridge OMPF allocation, which equates to a net reduction of $119,100 in funding allocation; AND WHEREAS the 2013 OMPF Transition-Year Stable Funding allocation based on the Provincial Municipal Fiscal Circumstances Index (MFCI) appears to penalize the Township for having its fiscal affairs in order; AND WHEREAS the Township of Uxbridge does not directly financially benefit from the Provincially provided combined benefit of the 2013 OMPF Transition-Year Stable Funding and provincial uploads, which is proposed to increase, more than three times, the level of funding provided under the previous program in 2004; AND WHEREAS the Region of Durham 2013 OMPF Upload Notice demonstrates a combined benefit of a net reduction of $5,611,400 from the upload of the Ontario Drug Benefit Program, the Ontario Disability Support Program, the phased upload of Ontario Works benefits and court security and prisoner transportation costs, as well as additional support in respect of municipal Ontario Works administration costs; NOW THEREFORE BE IT RESOLVED: 1. THAT the Township of Uxbridge strongly urge the Region of Durham to recognize the challenging fiscal circumstances the Township of Uxbridge will face due to the reduction of the OMPF 2013 Transition- Year Stable Funding allocation; 2. THAT the Region of Durham reflect the 2013 OMPF combined benefit of $5,611,400 realized by the Region in 2013 Regional tax levy; and 3. THAT a copy of this resolution be sent to the Region of Durham and all Region of Durham Municipalities.” Council Meeting Minutes - 12 - January 14, 2013 Resolution #C-009-13 Moved by Councillor Neal, seconded by Councillor Novak THAT the resolution from the Township of Uxbridge, with respect to the Ontario Municipal Partnership Fund Transition–Year Stable Funding, be received for information. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 7, 2013 Resolution #C-010-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of January 7, 2013 be approved, with the exception of Items #2, #5 and #10. “CARRIED” Item #2 Resolution #C-011-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Report PSD-001-13 be received; THAT the proposed rezoning application submitted by Alpa Pre-engineered Panel Systems Inc. to change the zoning to permit the temporary outdoor storage of pre-engineered panels for a maximum of three (3) years continue to be processed including the preparation of a subsequent recommendation report by January 28, 2013; and THAT any interested parties to Report PSD-001-13 and any delegations be notified of Council’s decision. “CARRIED” Council Meeting Minutes - 13 - January 14, 2013 Item #5 Resolution #C-012-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Report PSD-004-13 be received; and THAT the existing Zoning and Official Plan designation on the subject property be confirmed. “MOTION 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-013-13 Moved by Councillor Novak, seconded by Councillor Woo THAT Report PSD-004-13 be received; THAT Amendment No. 88 to the Clarington Official Plan submitted by 1351739 Ontario Limited to add a “High Density Residential” symbol to the subject lands to permit the development of nineteen (19) apartment units as contained in Attachment 7 of Report PSD-004-13 be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 8 of Report PSD-004-13 be passed; THAT the Zoning By-law Amendment application submitted by 1351739 Ontario Limited be approved as contained in Attachment 9 of Report PSD-004-13; THAT the Holding (H) symbol be removed from the Residential Exception (R4-33) zone once all site plan matters have been addressed; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-004-13 and Council’s decision; and Council Meeting Minutes - 14 - January 14, 2013 THAT all interested parties listed in Report PSD-004-13 and any delegations 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 √ Councillor Novak stated a pecuniary interest with respect to Item #10 of Report #1 as she is a Member of the Veridian Connections Board of Directors, and left the Council Chambers during discussion and voting on this matter. Item #10 Resolution #C-014-13 Moved by Councillor Hooper, seconded by Councillor Woo WHEREAS Veridian Corporation is the seventh largest municipally owned electricity distributor in Ontario; AND WHEREAS Veridian Corporation is owned by four shareholders: the City of Pickering (41.0%), the Town of Ajax (32.1%), the Municipality of Clarington (13.6%), and the City of Belleville (13.3%); AND WHEREAS Veridian Connections is a wholly owned subsidiary of Veridian Corporation; AND WHEREAS the Municipality of Clarington is represented on both Veridian Corporation and Veridian Connections by two elected representatives and two unelected representatives; AND WHEREAS the Mayor of the Municipality of Clarington is Clarington’s representative on both Veridian Corporation and Veridian Connections and the one elected representative and two unelected representatives are appointments submitted by the Council for the Municipality of Clarington to Veridian Corporation; AND WHEREAS the Veridian Connections Board of Directors are appointed by the Veridian Corporate Board from a list of names provided by the shareholders; Council Meeting Minutes - 15 - January 14, 2013 AND WHEREAS Erin O’Toole, the unelected appointment for the Municipality of Clarington, has resigned from the Veridian Connections Board of Directors; th AND WHEREAS at the Board meeting of December 14, 2012, Mary Novak, Regional Councillor Wards 1 & 2, Municipality of Clarington was appointed by the Veridian Corporate Board onto the Veridian Connections Board of Directors; AND WHEREAS as a shareholder of Veridian Corporation, the vacancy for the unelected position on the Veridian Connections Board should have been brought to the attention of the Council for the Municipality of Clarington; AND WHEREAS this term of Council, the unelected appointments from the Municipality of Clarington have been Howard Edmondson and Erin O’Toole, both on Veridian Connections and both who have resigned and Frank Stapleton who still sits as a Board of Director on Veridian Corporation; AND WHEREAS the Veridian Corporation needs independent directors with experience in regulatory affairs, human resources/executive compensation, legal, board of governance experience, senior management, and electrical utility distribution; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington request the following: a) THAT the Corporate Board hold a special meeting; and b) THAT the Corporate Board rescind the Corporate Board’s appointment of Mary Novak onto the Veridian Connections Board of Directors at the special meeting; THAT the Veridian Corporate Board of Directors will appoint an unelected representative to the Veridian Connections Board from a list of names provided, in an open and transparent process, by the Council of the Municipality of Clarington, which is consistent with the Director Identification and Selection Process; and Council Meeting Minutes - 16 - January 14, 2013 THAT a copy of this resolution be forwarded to the Board members of Veridian Corporation and Veridian Connections and the four shareholder Municipalities. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Mayor Foster √ Councillor Novak returned to the meeting. STAFF REPORT There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS Resolution #C-015-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-001 and 2013-002; 2013-001 Being a by-law to adopt Amendment No. 88 to the Clarington Official Plan 2013-002 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle; and THAT the said by-laws be approved. “CARRIED” Council Meeting Minutes - 17 - January 14, 2013 PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Resolution #C-016-10 Moved by Councillor Neal, seconded by Councillor Partner THAT the rules of procedure be suspended to allow for the introduction of a motion. “CARRIED” Resolution #C-017-13 Moved by Councillor Neal, seconded by Councillor Partner THAT a letter of appreciation be sent from Mayor Foster and Members of Council to Martha Rutherford-Conrad, Executive Director, Clarington Museums and Archives extending congratulations on her new venture and expressing thanks for her years of service. “CARRIED” Councillor Novak stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law, and left the meeting. CONFIRMING BY-LAW Resolution #C-018-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-003, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 14 day of January, 2013; and THAT the said by-law be approved. “CARRIED” Council Meeting Minutes - 18 - January 14, 2013 ADJOURNMENT Resolution #C-019-13 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 9:52 p.m. "CARRIED" t MA .OR L LERK