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HomeMy WebLinkAbout03/04/2013 Council Meeting Minutes MARCH 4, 2013 Minutes of a regular meeting of Council held on March 4, 2013 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 11:00 p.m. Director of Community Services, J. Caruana, attended until 11:00 p.m. Corporate Initiatives Officer, C. Clifford, attended until 11:00 p.m. Manager of Communication & Marketing, J. Cooke, attended until 8:05 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath, attended until 11:00 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11:00 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 11:00 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 11:00 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Partner indicated that she would be declaring a pecuniary interest with respect to Item 12 of Report #1, and By-laws 2013-024 and 2013-025. Later in the meeting, Councillor Partner indicated that she would be declaring a pecuniary interest with respect to Hand-Out Correspondence Item D - 12. Councillor Novak indicated that she would be declaring a pecuniary interest with respect to Correspondence Item I - 21 and Item 20 of Report #1. Council Meeting Minutes - 2 - March 4, 2013 ANNOUNCEMENTS Councillor Novak announced the following:  CLOCA’s Annual Maple Syrup Festival at Purple Woods Conservation Area on Saturdays and Sundays, March 2, 3, 23 and 24 and March Break Saturday, March 9 to Sunday, March 17, 2013  Solina Hall Annual General Meeting March 6, 2013  Durham Cycles New Brochure  Veridian Connections joins epost with electricity e-bills for customers Councillor Partner announced the following:  Ladies Night and Fashion Show sponsored by Orono Crown Lands and Orono Firefighters on March 7, 2013 at the Orono Arena  Kendal Lions Roast Beef Dinner Fundraiser on March 15, 2013 from 6:00 p.m. to 9:00 p.m. at the Kendal Community Centre with all proceeds being donated to local and global Lions’ charitable projects  Orono BIA Easter Bunny Breakfast on March 30, 2013 from 9:00 a.m. to 11:00 a.m. at the Rebekkah Hall in Orono Councillor Traill announced the following:  The Visual Arts Centre is accepting registrations for Children’s Art Camp being held March 11 to 15, 2013 for children between the ages of seven and 12  Councillor Traill expressed appreciation to fellow Councillors who attended the Big Brothers Big Sisters Community Bowl Week event. Clarington full-time firefighters raised over $500, the “Ward 3 Rollers” raised over $300 with special thanks to Aleks Szumowska and Patrick Woodwardwho raised over $600. $25,000 in total was raised towards Big Brothers Big Sisters goal of $100,000 Councillor Woo announced the following:  “Wendy’s Partners” Bowling Team also participated in the fundraising event for th the Big Brothers Big Sisters. He noted it is the 100 Anniversary of the Big Brothers Big Sisters Mentoring Program  He extended congratulations to Councillor Partner on being elected to the position of Vice-Chair of the Ganaraska Region Conservation Authority Executive for the next two years  Last Tuesday, he attended the Specialty Wealth & Financial Inc.’s opening of their new meeting room and conference facility in Newcastle which is available for rental to the public  On Saturday, March 16, 2013, fans of the Beatles can enjoy the sounds of the “Beatlers” (A Fab tribute) at the Newcastle Community Hall Council Meeting Minutes - 3 - March 4, 2013 Councillor Hooper announced the following:  Clarington Older Adult Association (COAA) is hosting their annual St. Patrick’s Day Luncheon at 11:30 a.m. on March 12, 2013  COAA Annual General Meeting on March 22, 2013 at 12:00 noon  He, along with Councillor Woo, attended the grand re-opening of Trade Tech Industries in Bowmanville Mayor Foster announced the following:  He encouraged residents to watch the Municipality’s website for updates on MP Erin O’Toole’s work on the Federal Electoral boundary issue  The deadline for applications to the Sustainable Clarington Advisory Committee is March 12, 2013 at 12:00 noon  He extended best wishes to Clara Weiss and Ada Kirkton, Clarington residents th celebrating 100 birthdays  The deadline to apply to vacancies on the Board of Governors of Durham College is March 8, 2013. Further information is posted on the Municipality’s website  Newcastle & District Chamber of Commerce is sponsoring a free skate at the Newcastle Memorial Arena on March 15, 2013, from 1:00 p.m. to 3:00 p.m.  Durham East 4H Club sign-up will be held on March 20, 2013 from 7:00 p.m. to 9:00 p.m. at the Baseline Community Centre  Ontario Power Generation’s Darlington Nuclear Generating Station has been granted renewal of their operating license from the Canadian Nuclear Safety Commission Resolution #C-062-13 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council held February 11, 2013 be approved. “CARRIED” PRESENTATIONS Joe Dickson, MPP, Ajax-Pickering, assisted by John O’Toole, MPP Durham, presented a Queen Elizabeth II Diamond Jubilee Medal to Ron Collis. Mr. Dickson highlighted Mr. Collis’ volunteer service to the community in a variety of capacities, his leadership skills assisting local community organizations and his efforts in promoting the economic development of Clarington. Council Meeting Minutes - 4 - March 4, 2013 Mayor Foster advised the Queen Elizabeth II Diamond Jubilee Medal was created to th mark the 2012 celebrations of the 60 anniversary of Her Majesty Queen Elizabeth II’s accession to the Throne, and a way for Canada to honour Her Majesty for her service to our country. The medal also serves to honour significant contributions and achievements by Canadians. Mayor Foster highlighted the extraordinary achievements and voluntary efforts of tonight’s recipients and presented Medals to the following individuals in recognition of their service to their fellow residents, community and country: Larry Bryan, Steven Cooke, Diane Hamre, Connie Hooey, Dave Lawson (accepted by Charlie Hastings), Reverend Bryan Ransom, Bonnie Reid and Myno Van Dyke. Roger Anderson, Chair, Regional Municipality of Durham addressed Council to present his Annual Address to Clarington providing an update on 2012 Regional activities and challenges and initiatives for 2013. Chairman Anderson provided a synopsis of the following milestones achieved in 2012:  Approval of the move to direct election of the Regional Chair commencing with the 2014 Municipal Elections  Negotiated a settlement with the Province on most issues under appeal with respect to the Regional Official Plan Amendment 128 with the vast majority of ROPA 128 being approved by the OMB resulting in an up-to-date Regional Official Plan. The Region can now consider approval of amendments to area Municipal Official Plans implementing ROPA 128  Commencement of a ten-year program to replace 20,000 polybutylene water connections that are prematurely failing  $2.5 million invested in Clarington road projects including a section of Regional Road 20 just west of Highway 35 and a section of Highway 2 from Farewell Creek to Courtice Road which was rehabilitated with final work to be completed this spring  Durham Region Transit (DRT) reached the 60 million rider mark  Durham York Energy Centre (DYEC) was recognized by KPMG as one of the top 100 global infrastructure projects for 2012  Durham Region broke a world record with the collection of used batteries for recycling in November  Launch of Reuse Days to boost diversion by repurposing unwanted items  “Durham Partners in Green” program was launched in April as part of the Region’s Climate Change initiative  Durham Region Roundtable on Climate change finalized and published the Community Climate Change Local Action plan in November  The Region gained 12 new affordable housing units in Oshawa last October  Regional Health Department promoted programs to encourage active living and received Awards in several categories Council Meeting Minutes - 5 - March 4, 2013  Tourism projects focused on growing the Region’s culinary and sport tourism attractions as well, the Camp X exhibit at Regional Headquarters is a new attraction where people can learn about Durham’s fascinating role in World War nd II and the 2 Art of Transition Awards held in November celebrated creativity, collaboration and innovation to businesses, entrepreneurs and artists  2012 was the first year of a three year program aimed at attracting foreign investment. Durham Region was directly promoted to targeted markets such as Brazil and China. The program also identified foreign companies currently operating in the Region  Durham Region’s leadership and service excellence were recognized with the following awards:  Ontario Accessibility Award  Gold Award from Excellence Canada  Transition Magazine won first place for marketing from the Economic Developers Association of Canada  Durham was recognized as a top-performing municipality by the Ontario Electronic Stewardship  North American Finance Officers Association recognized the Regional Budget with top honours Chairman Anderson also highlighted the following initiatives and challenges facing the Region in 2013:  2013 Regional Budget includes $54.8 million for roads, $36.5 million for water and $52.6 million for sanitary sewers  The 2013 polybutylene water connection replacement program is allocating $11.3 million for 2000 replacements including 328 in Clarington  Investments in water and sewer facilities in Clarington including  $2 million for Phase I of the Courtice Trunk Sanitary Sewer  $800,000 for replacement of the SCADA system at the Newcastle Water Pollution Control Plant  $660,000 for watermain replacement on Duke Street in Bowmanville  Ongoing construction of the new Port Darlington Water Pollution Control Plants  Sections of Liberty Street (Region Road 14) and Courtice Road (Region Road 34) will be rehabilitated at an estimated cost of $1.7 million  $812,000 has been allocated for traffic control and guiderail systems at 14 Clarington locations  Preparatory work for the Highway 407 East extension is underway with construction scheduled to begin this year. The Region has made adjustments to their roads forecast to coordinate with the Highway 407 work  Durham Transit anticipates carrying 11 million riders  Commencement of the construction of the Highway 2 Bus Rapid Transit (BRT) project. A “soft launch” of the Durham Pulse service will occur by July 2013, providing a peak period service of every 7.5 minutes on Highway 2 from Oshawa to the Scarborough campus of the University of Toronto Council Meeting Minutes - 6 - March 4, 2013  Four-Year contract for ambient air monitoring for the Durham York Energy Centre (DYEC) will begin in 2013  Draft Communications Plan for the Durham York Energy Centre (DYEC) has been released for public comment until March 30, 2013  Aspects of the Durham York Energy Centre (DYEC) Project are well under way and things are moving along well toward the 2014 completion date  Continuation of Bathroom Porcelain and Electronics waste diversion efforts. Plastic clamshell containers will be added to the list of recyclables  Installation of solar panels at three DRLHC seniors’ buildings  The new Fairview Lodge currently under construction will be a LEED Silver building  Plans are in place to issue an RFP to solicit development proposals for 60 additional units under a Federal/Provincial funding program  Construction of the new Durham Regional Police East Division Station and Forensic Facility is anticipated to start in 2013  Partnership with SPARK Centre to stimulate local innovation and entrepreneurship. Two new local entrepreneurs will be selected to participate in the Ignite Program – a start-up “boot camp” with expert advice and a $25,000 cash award  Retention of foreign companies operating in Durham Region will remain a priority with closer ties cultivated with those firms encouraging them to stay and expand in Durham Chairman Anderson summarized by stating that the Region’s successes are rooted in great work by Regional staff, cooperation with the area municipalities and community partners,and the support of citizens and businesses. Members of Council questioned Chairman Anderson. DELEGATIONS Steve Krezanowski addressed Council concerning Item 4 of Report #1 – Report PSD-015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan confirming he supports the extension of George Reynolds Drive but is before Council to restate his concerns regarding the Environmental Protection area designation placed on his property and the positioning of the north/south roadway running parallel to Courtice Road in the new subdivision backing onto his property. He stated this road runs the entire length of his family’s property noting their lots are 250 feet deep and the roadway is proposed to be 300 feet resulting in a loss of 50 feet from their property. Mr. Krezanowski has requested that the alignment be shifted 50 feet to the east to the buffer zone. He stated his property has no characteristics to justify the Provincially Significant Wetlands designation noting a large portion of the land is a manicured back yard. Mr. Krezanowski requested to Council to take into account his concerns and to adjust the plan accordingly. Council Meeting Minutes - 7 - March 4, 2013 Ben Edery addressed Council concerning Item 2 of Report #1 - Report PSD-013-13 - Application for a Proposed Official Plan Amendment and Zoning By-law Amendment. Mr. Edery stated he lives at the intersection of Queen Street and Queen Avenue and he is concerned that the vehicular entrance to the development will be on Queen Avenue and the road cannot support that volume of traffic. Mr. Edery stated he is a recent resident to the area but bought the property thinking it would be a quiet location. Mr. Edery stated he is in support of the development but would like the entrance to be from Queen Street, not Queen Avenue. Kevin Anyan addressed Council concerning Correspondence Item D - 11 - “Dogs for Dogs” Fundraising Event. Mr. Anyan explained the plans for the event to raise funds to assist in purchasing stoop & scoop bags for the park. He noted organizers are planning to set up a hot dog stand outside the dog park area and hope that Animal Services will be able to attend to help raise awareness of the park and to answer questions from the public. Mr. Anyan requested the Municipality’s assistance in providing picnic tables, garbage cans and a port-a-potty and to waive any municipal fees associated with the event . Resolution #C-063-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the rules of procedure be suspended to alter the Order of the Agenda. “CARRIED” Resolution #C-064-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the Agenda be altered to consider Correspondence Item D - 11 at this time. “CARRIED” D - 11 Kevin Anyan, spokesperson on behalf of a group of dog lovers, requesting to host a “Dogs for Dogs” fundraising event in support of the newly- created dog park in Bowmanville on April 27, 2013, to raise money and awareness for the park; indicating that Animal Services and several dog supportive businesses will be setting up booths at the park, that hot dogs will be available for sale with proceeds being donated to the dog park, and that appropriate insurance will be secured; requesting that the Municipality supply picnic tables, garbage cans and a port-a-potty; and, that municipal fees associated with the event be waived. Council Meeting Minutes - 8 - March 4, 2013 Resolution #C-065-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the request from Kevin Anyan for picnic tables, garbage cans, and a port-a- potty be supported and that a grant be provided in an amount equal to the municipal fees associated with the “Dogs for Dogs” fundraising event. “CARRIED” Brendan Traynor addressed Council concerning Item 4 of Report #1 - Report PSD- 015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Traynor stated as a father and resident he is concerned with the extension of George Reynolds Drive as it will only bring more congestion to an area where lots of children live. Mr. Traynor feels the extension is not necessary and requested that Council not impose a road that the area residents do not want or need. Fred Johnson addressed Council concerning Item 4 of Report #1 - Report PSD-015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Johnson spoke in opposition to the extension of George Reynolds Drive noting over 80 households signed a petition against the extension. Mr. Johnson urged Council to consider the wishes of those directly affected and to vote ‘No’ to the extension. Dorota and Matthew Sanchez addressed Council concerning Item 4 of Report #1 - Report PSD-015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Sanchez noted the Niblett Environmental Associates Limited report was far from a ringing endorsement to build the road. It is their opinion that it is not appropriate to construct a road that is not needed or wanted by the local residents. Resolution #C-066-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 9:55 p.m. Council Meeting Minutes - 9 - March 4, 2013 COMMUNICATIONS Resolution #C-067-13 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 - 15 and I - 21. “CARRIED” I - 1 Minutes of the Newcastle Memorial Arena Management Board dated January 8, 2013 I - 2 Minutes of the Clarington Museums and Archives Board dated January 9, 2013 I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 18, 2013 I - 4 Minutes of the Clarington Safe Communities Advisory Committee dated January 24, and February 21, 2013 I - 5 Minutes of the Clarington Accessibility Advisory Committee dated February 6, 2013 I - 6 Minutes of the Clarington Agricultural Advisory Committee dated February 14, 2013 I - 7 Minutes of the Orono Arena Community Centre Board dated February 19, 2013 I - 8 Minutes of the Central Lake Ontario Conservation Authority dated February 20, 2013 I - 9 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 12, 2013 I - 10 Minutes of the Clarington Heritage Committee dated February 19, 2013 Council Meeting Minutes - 10 - March 4, 2013 I - 11 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 January 28, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the October, November and December 2012 Complaint and Inquiry Logs (MOE File No. EA- 08-02)  October, November and December 2012 Durham York Energy Centre Call Centre Logs  October, November and December 2012 Durham York Energy Centre Project Team Logs  October, November and December 2012 Durham York Energy Centre Website Traffic Reports  Letter to the Ministry of the Environment dated January 28, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Groundwater Well Development  Durham York Energy Centre Borehole Logs 2011  Durham York Energy Centre Preconstruction Groundwater Lab Results 2012; and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm. I - 12 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 February 11, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of Air Emissions Monitoring Plan Revision (MOE File No. EA-08-02)  Durham York Energy Centre Revised Air Emissions Monitoring Plan (February 2013)  Summary of Changes to Durham York Energy Centre Air Emissions Monitoring Plan (February 2013)  Letter to the Ministry of the Environment dated February 11, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Revised Soils Testing Plan (MOE File No. EA-08-02)  Durham York Energy Centre Revised Soils Testing Plan (February 2013) Council Meeting Minutes - 11 - March 4, 2013  Durham York Energy Centre Revised Soils Testing Plan Comment and Response Table (February 2013); and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm. I - 13 Linda Gasser, forwarding a copy of her delegation comments to the January 30, 2013 Regional Works Committee regarding the accuracy of the November 21, 2012, Energy-From Waste – Waste Management Advisory Committee (EFW-WMAC) minutes with a request that the minutes be amended to provide an accurate record of her delegation and the monitoring motion; and, requesting that any staff report addressing the EFW-WMAC November 21, 2012, resolution also address matters in the motion relating to soil monitoring. I - 14 Debra Nicholson, Local Area Manager, Canada Post, advising of potential changes to the Kendal Post Office hours of operation; indicating that Canada Post has conducted a careful review which has determined that a very small number of local customers use the post office on Saturdays and they are therefore considering focusing on weekday service and no longer offering Saturday service; and, advising that discussions with the local representative of the Canadian Postmasters and Assistants Association (CPAA) will be held and that potential changes will take into consideration the postal needs of their customers. I - 16 Allison J. Stuart, Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services, congratulating Council and staff on the Municipality’s completion of all of the mandatory emergency management program elements required under the Emergency Management and Civil Protection Act (EMCPA) and Ontario Regulation 380/04 for 2012. I - 17 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to the Honourable Jim Bradley, Minister of the Environment and the Honourable Glen Murray, Minister of Infrastructure, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Highway 407 East Extension: “a) THAT the following resolution from the Municipality of Clarington be endorsed: ‘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 Council Meeting Minutes - 12 - March 4, 2013 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 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 (Environmental Management Plan). Current measures and Best Management Practices available at the time of construction should be implemented where applicable’. 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’; and b) THAT a copy of this resolution be forwarded to the Minister of Infrastructure, the Minister of the Environment and the Greater Toronto Area Agricultural Action Committee (GTA AAC).” Council Meeting Minutes - 13 - March 4, 2013 I - 18 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to Dave Risebrough, Chair, Durham Agricultural Advisory Committee, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Durham Agricultural Advisory Committee (DAAC) Terms of Reference, 2012 Annual Report and 2013 Workplan: “a) THAT Report #2013-P-8 of the Commissioner of Planning and Economic Development be received as the Durham Agricultural Advisory Committee’s 2012 annual report; b) THAT the revisions to the Terms of Reference for the Durham Agricultural Advisory Committee, be approved, as outlined in Attachment 1 to Report #2013-P-8; c) THAT the 2013 Durham Agricultural Advisory Committee Workplan, be approved, as outlined in Attachment 2 to Report #2013-P-8; and d) THAT a copy of Report #2013-P-8 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, the Golden Horseshoe Food and Farming Alliance, and the area municipalities.” I - 19 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to Karen McDonald, Chair, Durham Environmental Advisory Committee, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Durham Environmental Advisory Committee (DEAC) Terms of Reference and 2013 Workplan: “a THAT Report #2013-P-9 of the Commissioner of Planning and Economic Development be received as the Durham Environmental Advisory Committee’s annual report on its activities in 2012; b) THAT Ms. Kim Sellers, be appointed as the Town of Ajax representative and Ms. Karen McDonald be appointed as a member at large to the Durham Environmental Advisory Committee; c) THAT the revisions to the Terms of Reference for the Durham Environmental Advisory Committee, be approved, as outlined in Attachment 1 to Report #2013-P-9; d) THAT the 2013 Durham Environmental Advisory Committee Workplan, be approved, as outlined in Attachment 2 to Report #2013-P-9; and e) THAT a copy of Report #2013-P-9 be forwarded to the Durham Environmental Advisory Committee and the area municipalities.” Council Meeting Minutes - 14 - March 4, 2013 I - 20 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to Terry Clayton, Chair, Durham Trail Co-Ordinating Committee, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Durham Trail Co-Ordinating Committee (DTCC) 2012 Annual Report and 2013 Workplan: “a) THAT Report #2013-P-10 of the Commissioner of Planning and Economic Development be received as the Durham Trail Co-ordinating Committee’s 2012 annual report; b) THAT the 2013 Durham Trail Co-ordinating Committee Workplan, be approved, as outlined in Attachment 1 to Report #2013-P-10; and c) THAT a copy of Report #2013-P-10 be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities.” I - 22 Deb Bowen, Deputy Clerk, Regional Municipality of Durham, forwarding certified copies of By-law 06-2013 – a by-law to set and levy rates of taxation for Regional Solid Waste Management purposes for the year 2013; By-law 07-2013 – a by-law to set and levy rates of taxation for Durham Region Transit Commission for the year 2013; By-law 08-2013 – a by-law to set and levy rates of taxation for Regional General Purposes for the year 2013; and By-law 09-2013 – a by-law to establish tax ratios for 2013 and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses, adopted by Regional Council on February 13, 2013. I - 23 Roger Anderson, Chair and CEO, Regional Municipality of Durham, writing to the Honourable Brad Duguid, Minister of Training, Colleges and Universities, expressing concern regarding the impact of the implementation of the licensing and membership requirements under the Ontario College of Trades and Apprenticeship Act for compulsory and voluntary trades, scheduled to come into effect on April 8, 2013; and, requesting that the Province defer the implementation of those sections of the Act so that municipalities, as employers, and significant consumers of the services of skilled tradespersons, can assess its potential impact and costs. I - 15 Michael Newell, Chair, Board of Governors Nominating Committee, Durham College, requesting Council’s assistance in the recruitment of four external governors with expertise in law, private sector corporate leadership, public sector healthcare, agriculture or food production/services, hospitality, and/or technology (especially biomedical or pharmaceutical) for a three year term commencing September 1, 2013; forwarding a Notice of Vacancy with a request to share the notice with those who may be interested in serving on the Durham College Board; and, advising that details of the application process are available on their Council Meeting Minutes - 15 - March 4, 2013 website at http://www.durhamcollege. ca/about-us/corporate- links/governance/board-of-governors/vacancies/. Applications must be received by Friday, March 8, 2013. Resolution #C-068-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item I – 15 from Michael Newell, Chair, Board of Governors Nominating Committee, Durham College, with respect to recruitment of Durham College Board of Governors be received for information. “CARRIED” Councillor Novak stated a pecuniary interest with respect to Correspondence Item I - 21 as she is a Member of the Veridian Connections Board of Directors, and left the Council Chambers during discussion and voting on this matter. I - 21 Doug Dickerson, Chair, Veridian Corporation, writing in response to Council’s request to Veridian asking if any previous community appointments of any shareholder to the Veridian Board or Veridian Connections Board have been made without the name of the nominee being provided by the shareholder municipality prior to the appointment of the citizen, clarifying that for the period of 2011-2014 appointments made to the Veridian Corporation Board were made pursuant to the Shareholders’ Agreement, as amended, whereby each of the four municipal Shareholders all provide nominations to the Board of Veridian Corporation; indicating that the new Veridian Corporation Board was established effective January 1, 2011, in accordance with the shareholder director nominations and Corporation’s Shareholders’ Agreement and appointed directors to the boards of Veridian Connections Inc. and Veridian Energy Inc.; confirming that in making its appointments to the board of Veridian Connections Inc., the Veridian Corporation Board honoured the formal nominations made by the Town of Ajax and that the selection of the remaining three municipal shareholders was done on the basis of nominations delivered informally by the representative Mayor or Mayor’s designate. Resolution #C-069-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item I – 21 from Doug Dickerson, Chair, Veridian Corporation, with respect to Veridian Board appointments be received; and Council Meeting Minutes - 16 - March 4, 2013 THAT Council call upon Councillor Novak to submit her resignation from the Veridian Connections Board and the Veridian Energy Board in favour of a community nominee from Clarington. “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 returned to the meeting. CORRESPONDENCE FOR DIRECTION Correspondence Items D - 12 and D - 13 were received as Hand-Outs. Resolution #C-070-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Items D - 1 to D - 8 be approved as per the Agenda. “CARRIED” D - 1 Kailey O’Neill, Fundraising Coordinator, Multiple Sclerosis Society of Canada, Durham Regional Chapter, advising that the 2013 MS Carnation Campaign will take place during Mother’s Day weekend on May 10 and 11, 2013; and, requesting permission to sell carnations on street corners, malls and other public spaces on the noted weekend. (Tag Days approved for May 10 and 11, 2013) Council Meeting Minutes - 17 - March 4, 2013 D - 2 Kailey O’Neill, Fundraising Coordinator, Multiple Sclerosis Society of Canada, Durham Regional Chapter, requesting permission to hold the 2013 5k and 10k “Bowmanville Mandarin Multiple Sclerosis Walk” on Sunday, May 5, 2013 hosted at the Bowmanville High School; advising the day’s events include formal ceremonies with award presentation, breakfast, checkpoints, refreshments along the route and a celebratory BBQ after the walk; and, indicating that proceeds from the Walk fund research into the cause and cure of multiple sclerosis as well as provide services to people with MS and their families. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 3 Jisha Jacob, Member, Canadian Red Cross Branch Council of Durham Region, requesting that Council proclaim the month of March as “Red Cross Month” and requesting permission to fly the Red Cross flag during March on a Clarington flagpole to raise public awareness of the work of the Red Cross in responding to crises and disasters both nationally and around the world and in helping those in need for more than 100 years. (Proclaimed and permission granted to fly the Red Cross Flag during the month of March) D - 4 Gary Cole, District Master, and Dianne Polley, Secretary, West Durham District L.O.L., requesting permission to hold a parade in Orono on July 6, 2013, commencing at 1:00 p.m. in celebration of the victory of the Battle of the Boyne, fought in 1690, an annual celebration for the Orange Association in Canada and around the world; indicating that appropriate insurance will be secured; and, that the parade route starting and finishing at the arena will be determined shortly. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 18 - March 4, 2013 D - 5 Erika Chapman, Corresponding Secretary, Orono Community Memorial Park, requesting permission to hold a fireworks display on Saturday, June th 29, 2013, in celebration of Orono Park’s 90 Anniversary; advising of the day’s events which include activities for all ages, fireworks and a licensed dance; and, requesting an exemption to the noise by-law to extend the time to 1:00 a.m. to allow for clean-up of the venue and to ensure all participants have left. Homeowners surrounding the park will be notified by letter approximately two weeks in advance informing them of the day’s events. (Fireworks display approved provided the organizers apply for and obtain a fireworks permit from the Municipal Law Enforcement Division and approval granted for an Exemption to the Municipality’s Noise By-law to 1:00 a.m. on June 30, 2013) D - 6 Frank Murphy, Executive Director, Brain Injury Association of Durham Region, requesting that the month of June be proclaimed “Brain Injury Awareness Month” to promote awareness of brain injuries. The Association believes that knowledge about the causes and effects of brain injuries will lead to a greater understanding for people who have been injured, and greater efforts in their prevention. (Proclaimed) D - 7 Scott Story requesting a six month extension to Building Permit # 12.0557 to permit the completion of the new dwelling at 8378 Leskard Road. (Approved for a six month extension to Building Permit #12.0557 subject to the signing of a further Letter of Undertaking) D - 8 Sharon McCartney, Chair, Orono Community Memorial Park’s 90 th Celebration Committee, advising of the activities planned to celebrate the th 90 Anniversary of Orono Park, once called “Buttercup Hollow”, requesting Council to proclaim June 29, 2013 as “Buttercup Hollow Day”; and, requesting Council’s assistance in providing a $5,000 grant to be used as start-up money for the event. (Proclaimed and advised of the Municipal Grant Process) Councillor Partner stated a pecuniary interest with respect to Correspondence Item D - 12 as she owns a pet sitting business, and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 19 - March 4, 2013 D - 12 William Ingratta, General Manager, Ontario Sheep Marketing Agency, forwarding background information regarding the important role of livestock guardian dogs (LGDs) when developing dog control by-laws, highlighting primary areas of concern and providing suggested options for consideration with respect to defining Livestock Guardian Dogs (LGDs) and Herding Dogs, registration and licensing requirements, requirement for dogs to wear collars or tags, requirements for Kennel licensing and/or limitation on number of dogs kept, running at large and barking restrictions; and, indicating that the OSMA wishes to work cooperatively with all levels of government to assist producers to put in place effective predator prevention techniques and requesting that the Municipality consider the industry needs when developing or amending Municipal By- laws. Resolution #C-071-13 Moved by Councillor Novak, seconded by Councillor Neal THAT the correspondence from William Ingratta, General Manager, Ontario Sheep Marketing Agency, be received; and THAT Mr. Ingratta be advised of actions taken with respect to Report CLD-007-13. “CARRIED” Councillor Partner returned to the meeting. D - 9 Clarington Heritage Committee advising Council that on January 29, 2013, the Heritage Committee adopted the following resolution and requesting Council’s endorsement: “WHEREAS the second Phase of the 407 East Extension is scheduled to be fully completed by 2020 and further it is to be constructed in two sub- phases of Harmony to the East Link at Taunton and then the East Link to 35/115 with anticipated completion dates of 2017 and 2020 respectively, and WHEREAS Clarington Heritage Committee has concern for the heritage buildings and structures including the out-buildings, which significantly contribute to the rural landscape character, to date the process articulated by MTO does not include provision for the out-buildings on the properties to be advertised for relocation as separate and distinct portions of work; and WHEREAS the Ministry has requested assistance in developing a salvage strategy should the effort to relocate them does not come to fruition Council Meeting Minutes - 20 - March 4, 2013 NOW THEREFORE BE IT RESOLVED THAT The Municipality of Clarington requests that the Minister and Ministry of Transportation to include the out-buildings as separate items to be relocated as part of that tender process and FURTHER, should efforts for relocation not prove practical, that the removal of items identified for salvage as part of Clarington’s Salvage Strategy be included as part of the scope of work for the demolition contractor during the tendering process and be at no cost to the Municipality or the parties receiving the salvaged goods.” Resolution #C-072-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Clarington Heritage Committee with respect to the Highway 407 East Extension be endorsed. “CARRIED” D - 10 Kurtis McAleer, Durham Youth Councillor, Chairman, Board of Directors, Durham Youth Council, advising that the Durham Youth Council has been approached by the City Youth Councils of Canada regarding a possible merger; expressing concern that upon further review it was determined that the City Youth Councils of Canada was run by a for-profit, Toronto- based Management Company; indicating that the new company is planning on establishing their own Youth Council in Durham Region; and, requesting that Council endorse and support the Durham Youth Council as Clarington’s “official” Youth Council. Resolution #C-073-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Item D - 10 from Kurtis McAleer, Durham Youth Councillor, Chairman, Board of Directors, Durham Youth Council, with respect to Durham’s “official” Youth Council, be referred to staff. “CARRIED” Council Meeting Minutes - 21 - March 4, 2013 D - 13 Mark A. Piel, counsel on behalf of the owners of 3105 Courtice Road, writing further to their letter of February 22, 2013 to the General Purpose and Administration Committee, attaching revised language clarifying the meaning of proposed Policy 17.7 – Special Study Area No. 7 (Hancock Neighbourhood) and Map A2 (Land Use Courtice Urban Area); and, requesting Council to adopt Official Plan Amendment No. 80 as amended in accordance with the suggested revisions. Resolution #C-074-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Mark A. Piel, counsel on behalf of the owners of 3105 Courtice Road be advised of actions taken with respect to Report PSD-015-13. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 25, 2013 Resolution #C-075-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of February 25, 2013 be approved, with the exception of Items #1(i), #4, #12, #20 and #21. “CARRIED” Item #4 Resolution #C-076-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-015-13 be received; THAT the proposed Official Plan Amendment No. 80 be amended by replacing the Special Study Area No. 7 policies as follows: “17.7 Special Study Area No. 7 (Hancock Neighbourhood) Council Meeting Minutes - 22 - March 4, 2013 17.7.1 This special study area is the location of a tributary together with surrounding lands north of the Courtice Road & Nash Road stormwater management facility. This tributary is considered indirect fish habitat, lies adjacent to a part of the Provincially significant Wetland and forms part of the hydrological function of the neighbourhood. Existing conditions have been studied through the Black/Harmony/Farewell Creek Watershed Existing Conditions Report and Plan. 17.7.2 The exact alignment of this tributary may be the subject of further study at the landowner’s expense. The Terms of Reference for any study shall be approved by the Municipality of Clarington and the Central Lake Ontario Conservation Authority. The further study may determine that some of the lands identified as “Environmental Protection Area” within Special Study Area No. 7 may be developed for residential uses subject to the study defining feature limits and appropriate buffers. Until any study determines otherwise, the lands may only be used and zoned in accordance with the Environmental Protection Area policies of this Plan. Upon the completion and submission of a satisfactory study demonstrating that the ecological function will not be negatively impacted, a portion of the lands may be used in accordance with the Urban Residential Area policies of this Plan, subject to the approval of a rezoning application and without an amendment to this Plan. The Special Study Area lands north of George Reynolds Drive may be studied independently of the lands south of George Reynolds Drive.” THAT Amendment No. 80,as amended, to the Clarington Official Plan (Attachment 9 to Report PSD-015-13) to implement the revised Hancock Neighbourhood Design Plan (Attachments 6, 7 and 8 to Report PSD-015-13) be adopted, and the By-law adopting the Official Plan Amendment contained in Attachment 10 to Report PSD-015-13 be passed; THAT Council authorize Planning Staff to waive any fees associated with a necessary Official Plan Amendment and/or Neighbourhood Design Plan Amendment within the Hancock Neighbourhood as a result of further field investigation of Provincially Significant Wetlands conducted by the Ministry of Natural Resources and/or the Central Lake Conservation Authority, and further, that this relief be offered until December 31, 2015; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-015-13 and Council’s decision; THAT the Environmental Assessment for the alignment of George Reynolds, as identified in Report FND-001-13 proceed; and Council Meeting Minutes - 23 - March 4, 2013 THAT all interested parties listed in Report PSD-015-13 and any delegations be advised of Council's decision. “CARRIED LATER IN THE MEETING” (See following motions) Resolution #C-077-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Report PSD-015-13 be referred back to staff to obtain an environmental report as to whether it would be more beneficial for the preservation of a natural heritage system in the Hancock neighbourhood to: (i) Construct George Reynolds Drive between Harry Gay Drive and the first proposed street east of Courtice Road; or (ii) Construct a bike/nature trail over that same span; or (iii) Leave that span undeveloped; and THAT this motion be forwarded to the Central Lake Ontario Conservation Area. “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  Council Meeting Minutes - 24 - March 4, 2013 Resolution #C-078-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the extension of George Reynolds Drive identified in Resolution #C-077-13 be deleted or that a bike trail/nature trail be constructed through that area. “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  Resolution #C-076-13 was then put a vote and CARRIED 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  Councillor Partner stated a pecuniary interest with respect to Item 12 of Report #1 as she owns a pet sitting business, and left the Council Chambers during discussion and voting on this matter. Item #12 Resolution #C-079-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report CLD-007-13 be received; THAT the proposed changes to Kennel Licensing By-law be endorsed; Council Meeting Minutes - 25 - March 4, 2013 THAT the proposed changes to the Responsible Pet Owners By-law be endorsed as amended to add following section: 3.21 (1) In this section “board” means to take in for a temporary period of time for financial gain. (2) Notwithstanding subsection 3.20(1), an owner of property in an Agricultural Zone may keep 3 or fewer dogs that have been licensed to the owner in accordance with this by-law and, in addition, may board 3 or fewer dogs. and that the balance of Part 3 in the By-law be renumbered accordingly; THAT the proposed draft Responsible Pet Owners By-law, Attachment 1 to Report CLD-007-13 be passed; THAT the proposed Kennel Licensing By-law, Attachment 2 to Report CLD-007-13 be passed; THAT Council authorize staff to commence an amendment to the Zoning By-laws to amend appropriate definitions and provisions to provide greater consistency with the draft “Responsible Pet Owners By-law” and the proposed “Kennel By-law”; and THAT all interested parties listed in Report CLD-007-13 be advised of Council’s decision. “TABLED” (See following motion) Resolution #C-080-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing Resolution #C-079-13 be tabled until the next Council meeting. “CARRIED” Councillor Partner returned to the meeting. Resolution #C-081-13 Moved by Councillor Neal, seconded by Councillor Woo THAT, in accordance with Section 10.12.34 of the Procedural By-law,the meeting be extended until 11:30 p.m. “CARRIED” Council Meeting Minutes - 26 - March 4, 2013 Councillor Novak stated a pecuniary interest with respect to Item 20 of Report #1as she is a Member of the Veridian Connections Board of Directors, and left the Council Chambers during discussion and voting on this matter. Item #20 Resolution #C-082-13 Moved by Councillor Neal, seconded by Councillor Partner THAT a copy of the letter, published in the Orono Weekly Times regarding Veridian, be forwarded to the Veridian Corporation requesting a response prior to the next General Purpose and Administration Committee meeting. “CARRIED” Councillor Novak returned to the meeting. Item #21 Resolution #C-083-13 Moved by Councillor Neal, seconded by Councillor Partner THAT staff be directed to report back in open session on the disposition of the municipal assets. “CARRIED” Item #1(i) Resolution #C-084-13 Moved by Councillor Woo, 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 considering a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. “CARRIED” The meeting resumed in open session at 11:56 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 two resolutions were passed on a procedural matter and one resolution was passed to provide direction to staff. Council Meeting Minutes - 27 - March 4, 2013 UNFINISHED BUSINESS Resolution #C-085-13 Moved by Councillor Novak, seconded by Councillor Partner THAT the presentation of Regional Chair Roger Anderson be received with thanks. “CARRIED” Resolution #C-086-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Ben Edery be referred to staff. “CARRIED” BY-LAWS By-laws 2013-024 and 2013-025 were withdrawn from the Agenda due to the tabling of Resolution #C-079-13. Resolution #C-087-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-020 to 2013-023; 2013-020 Being a by-law to adopt Amendment No. 80 to the Clarington Official Plan 2013-021 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2013-022 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2013-023 Being a by-law to designate an area in the Bowmanville Central Business District as an Improvement Area and to establish a Board of Management for the Historic Downtown Bowmanville Business Improvement Area; and THAT the said by-laws be approved. “CARRIED” Council Meeting Minutes - 28 - March 4, 2013 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 Novak and Councillor Partner stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. CONFIRMING BY-LAW Resolution #C-088-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-026, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 4 day of March, 2013; and THAT the said by-law be approved. “CARRIED” ADJOURNMENT Resolution #C-089-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the meeting adjourn at 11:59 p.m. “CARRIED” ________________________ _______________________ MAYOR MUNICIPAL CLERK