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HomeMy WebLinkAbout04-29-2013 Council Meeting Minutes APRIL 29, 2013 Minutes of a regular meeting of Council held on April 29, 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 Acting Chief Administrative Officer/Director of Finance, N. Taylor Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Supervisor, Operations Administration, C. Peters 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 Hooper indicated that he would be declaring a pecuniary interest with respect to Item 10 of Report #1. Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Item 34 of Report #1. ANNOUNCEMENTS Councillor Traill announced the following:  May 2, 2013, “Swing Easy” will be performing at the Ajax Convention Centre as part of the “50+ Lifestyle Show”  Submissions are still being accepted for the Samuel Wilmot Nature Area Photo Contest, with prizes donated by Hunter’s Photo Source  Closing of Liberty Bowl on May 3, 2013 with Big Bash Blowout starting at 10:00 p.m. Council Meeting Minutes - 2 - April 29, 2013 Councillor Woo announced the following:  Clarington Green Gael’s Junior B Lacrosse team home-opener on Thursday, May 2, 2013, at the Garnet B. Rickard Recreation Complex  5k and 10k “Bowmanville Mandarin Multiple Sclerosis Walk” on Sunday, May 5, 2013 at the Bowmanville High School Councillor Hooper announced the following:  “Exposed Treasures” Murder Mystery Dinner Theatre presented by the Beech Street Theatre Company at Maddy’s Pub continues on May 2, 3, and 4, 2013 with dinner at 6:00 p.m. and show at 7:30 p.m.  Annual Historic Downtown Bowmanville Maple Festival and All That Jazz on Saturday, May 4, 2013  Firehouse Youth Centre’s Annual “Battle of the Bands” on Friday, May 3, 2013, from 5:30 p.m. to 11:00 p.m. at the Garnet B. Rickard Recreation Complex  He attended the Ontario Fire Prevention Officer’s Symposium today  Last Thursday, a number of Clarington residents were honoured at the Ontario Volunteer Service Awards hosted by John O’Toole, MPP, Durham, and Jerry Ouellette, MPP, Oshawa. There were an estimated 4,063 years of volunteer service performed by Award recipients Councillor Neal extended congratulations to members of Courtice Rotary for the success of the Courtice Rotary Youth Leadership Awards Dinner and to Angie Darlison, recipient of the Paul Harris Fellowship Award and to Connor Visser, Rotarian of the Year Councillor Novak announced the following:  She expressed thanks to the volunteers for the success of the “Dogs for Dogs” fundraising event on Saturday, April 27, 2013  Durham Region Transit is hosting a “How to Improve Public Transit in Durham Region” on May 6, 2013 at the South Courtice Arena  Public Meeting on traffic issues in the vicinity of Lydia Trull Public School and Dr. G. J. MacGillivray Public School at the South Courtice Arena Councillor Partner announced the following  Success of the”I♥Bowmanville Zoo” event with friends and guests of Limba  Newcastle Public School is hosting the YMCA “Walk for Strong Kids” event on May 2, 2013  Penny Sale at the Kendal Orange Lodge on May 4, 2013 from 2:00 p.m. to 4:00 p.m. and Variety Show at 7:00 p.m.  Orono Horticultural Society Plant Sale on May 4, 2013, from 8:30 a.m. to noon at the Orono United Church  Newcastle Lions Club Chicken Barbeque on May 5, 2013 Council Meeting Minutes - 3 - April 29, 2013 Mayor Foster announced the following:  He echoed the comments of Councillor Partner on the great event at the Bowmanville Zoo on Saturday  Public Information Sessions on the National Heritage Discussion Paper – Parks, Open Space and Trails, 6:30 p.m. to 8:30 p.m., April 30, 2013, at the Newcastle & District Recreation Complex, May 1, 2013, at the Garnet B. Rickard Recreation Complex and May 2, 2013, at the Solina Community Hall  Clarington Older Adult Association Volunteer Appreciation Day on Thursday, May 2, 2013  May 8, 2013, first “World Ovarian Cancer” Day Resolution #C-133-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council April 15, 2013, be approved. “CARRIED” PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Heather Rutherford addressed Council, on behalf of Clarington Wind Concerns, regarding Item D – 8 - Industrial Wind Turbine Projects. Ms. Rutherford expressed appreciation to Council for their past support in attending meetings hosted by the organization and by the proponent to hear first hand from the hundreds of residents who have genuine concerns about the two industrial wind turbine projects currently under development and congratulated Council on their efforts in bringing forward Clarington’s concerns to the Premier of Ontario. Ms. Rutherford stated she was requesting Council to further their support by making a formal statement to the Province that Clarington opposes construction of these wind projects and to pass a resolution to declare Clarington’s position on wind turbines as currently “not a willing host”. Ms. Rutherford stated that Premier Wynne has acknowledged that Ontario can benefit from industrial wind farms but only if there are willing hosts. She noted that several communities have declared themselves unwilling hosts to send a message to the Province that they are not willing to subject their residents to the Province’s wind turbine experiment when there are so many unresolved problems that continue to exist in Ontario communities where wind farms are already operating. Ms. Rutherford highlighted the findings of experts on the subject and feels that Council must take action now because to do otherwise would suggest that Clarington is a willing host community. Council Meeting Minutes - 4 - April 29, 2013 Ms. Rutherford confirmed that the organization’s reluctance to welcome wind turbines under the current regulations has nothing to do with being opposed to green energy and everything to do with protecting the health, quality of life and financial security of residents. Janice Jones addressed Council concerning Item #1 of Unfinished Business – PSD-022-13 - Proposed Official Plan, Rezoning, and Amendment to Draft Approved Plan of Subdivision and to Permit a 261 Unit Residential Plan of Subdivision. Ms. Jones presented a petition containing 162 signatures requesting Council to stop the rezoning of Part Lot 32, Concession 2. This additional petition augments the petition previously submitted which contained 750 signatures for a total of 912 names. Ms. Jones urged Council to act now to stop the rezoning of the land from medium to high density residential. She indicated that many people are feeling betrayed by the developer and quoted from the original marketing brochure for Prestonvale Heights Phase I which advertised single family homes amid parks and greenspace. She confirmed that area residents do not want anything more than single-family, semi- detached or townhomes in the area. COMMUNICATIONS Resolution #C-134-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Item I - 10. “CARRIED” I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 9, 2013 I - 2 Minutes of the Clarington Heritage Committee dated April 16, 2013 I - 3 Minutes of the Central Lake Ontario Conservation Authority dated April 16, 2013 I - 4 Minutes of the Clarington Agricultural Advisory Committee dated April 11, 2013 I - 5 Minutes of the Ganaraska Region Conservation Authority dated March 21, 2013 I - 6 Minutes of the Newcastle Community Hall Board dated February 19, 2013 I - 7 Minutes of the Sustainable Clarington Community Advisory Committee dated April 18, 2013 Council Meeting Minutes - 5 - April 29, 2013 I - 8 Debi Wilcox, Town Clerk, Town of Whitby, advising Council that on April 2, 2013, the Town of Whitby adopted the following resolution pertaining to the Multi-Residential Battery Recycling Pilot: “1. THAT Council approve a one year multi-residential Battery Recycling pilot; and, 2. THAT Staff report back to Council in one year on the findings of the Pilot Program; and, 3. THAT a copy of Public Works Department Report PW 12-13, “Multi- Residential Battery Recycling Pilot Program”, be forwarded to the Region of Durham and Area Municipalities.” I - 9 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), advising Council that on April 16, 2013, CLOCA received Council’s correspondence of March 26, 2013, regarding the Stewardship Program for information. I - 11 Lou Politano, Regional Director, Ministry of Transportation (MTO), responding to Council’s correspondence of March 11, 2013 regarding the 407 Salvage Strategy for heritage buildings and structures; indicating that MTO is currently initiating a process to offer several heritage buildings for re-sale and relocation by advertising the availability of these buildings in the spring of 2013, by providing up to four months for interested parties to rd prepare and finalize a relocation proposal and by working with the 3 parties to provide sufficient time for the relocation process; advising that should relocation efforts for heritage structures not prove practical, MTO will salvage some material from a select number of homes as part of a 407 East Commemorative Strategy; and, indicating that MTO has also committed to salvaging of material from some heritage homes on behalf of Clarington and has provided the Clarington Heritage Committee with an inventory of materials from heritage homes that have been previously documented. Upon receipt of a list of heritage materials from the Clarington Heritage Committee, MTO will determine which materials can be made available and will provide materials salvaged on behalf of Clarington at no cost to the Municipalities or the parties receiving the salvaged goods. I - 12 Wayne Robbins, Chief Nuclear Officer, Ontario Power Generation, providing a status on the refurbishment of the existing Darlington Nuclear Generating Station (DNGS) project and the potential construction of two new nuclear units at the Darlington Nuclear site (DNNP); advising of the following significant milestones:  Construction of new Darlington Energy Complex ahead of schedule with staff to be moved into the building this summer, following which, construction will begin on the reactor mock-up Council Meeting Minutes - 6 - April 29, 2013  Canadian Nuclear Safety Commission (CNSC) has decided that Darlington refurbishment will not result in any significant adverse environmental effects, given mitigation  Approval received to begin construction on other support buildings on the DNGS site  Major contract awarded for work to support the refurbishment of the DNGS turbine generators  External firm hired to provide independent oversight on the Project to OPG’s Board of Directors  Work to develop construction schedules and cost estimates well underway to be completed this fall for the Darlington New Nuclear Project (DNNP)  CNSC staff confirm there are no fundamental barriers to licensing a once through lake water cooling system for the new build site, provided OPG can demonstrate the capability of the design to meet strict environmental requirements  Implementation of a fish habitat improvement initiative to help compensate for effects which may arise from construction or operation of a new nuclear station on the Darlington site  Bay of Quinte wetland improvement has been under construction through the winter and will result in a new fish habitat this spring  Evaluation of other potential fish habitat improvement initiatives; and, advising that OPG will continue to update Council on their nuclear projects and encouraging Members of Council to visit their project websites at www.opg.com/darlingtonrefurb and www.opg.com/newbuild for further information. I - 10 Deb Bowen, Regional Clerk/Director of Legislative Services, Region of Durham, writing to Michael Benson, Process Advisor, National Energy Board, advising that on April 3, 2013, Regional Council adopted the following resolution pertaining to the proposed Enbridge Pipeline Inc. application to the National Energy Board to reverse the flow of Line 9B from North Westover, Ontario to Montreal, Quebec: “a) THAT the National Energy Board receive Report No. 2013-W-33 of the Commissioner of Works as the Regional Municipality of Durham’s comments on the proposed application; b) THAT the Regional Municipality of Durham continues to liaise with other municipalities and Conservation Authorities to discuss cooperation in the presentation of issues before the National Energy Board; c) THAT the National Energy Board be requested to hold an additional Public Information Session in the Region of Durham; Council Meeting Minutes - 7 - April 29, 2013 d) THAT the Regional Municipality of Durham forward Report No. 2013- W-33 to all local municipalities within Durham, as well as Toronto and Region, Central Lake Ontario and Ganaraska Conservation Authorities; and e) THAT the Region of Durham take part in the National Energy Board (NEB) hearing for Enbridge Line 9B Reversal and Line 9 Capacity Increase by submitting an Application to Participate through Letter of Comment to the NEB by April 11, 2013.” Resolution #C-135-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Region of Durham with respect to the proposed Enbridge Pipeline Inc. application to reverse the flow of Line 9B from North Westover, Ontario to Montreal, Quebec, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 13 to D - 20 were received as Hand-Outs. Resolution #C-136-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Items D - 1 to D - 7 and Hand-Out Correspondence Items D - 14 to D - 18 and D - 20 be approved as per the Agenda. “CARRIED” D - 1 Julien LeBourdais, Executive Director, Feed the Need in Durham, requesting May 6 to 10, 2013 be declared “Hunger Awareness Week” in an effort to bring public awareness of the 8% of Durham citizens who are “food insecure” meaning that they may worry that food will run out, compromise the quality and/or quantity of food they eat, reduce their food intake – adults going without so children have enough; and, encouraging Members of Council, staff and the public to “Give it Up for Hunger” by fasting on Wednesday, May 8, 2013, to explore firsthand how some people live. (Proclaimed) Council Meeting Minutes - 8 - April 29, 2013 D - 2 Sharon Thompson, Physician Advisory Service, The College of Physicians and Surgeons of Ontario, advising of the Council Award, an award honouring outstanding physicians who have demonstrated excellence and come closest to meeting the society’s vision of an ideal physician based on eight “physician roles” identified by Educating Future Physicians of Ontario; forwarding a nomination form and eight-point selection criteria; and, indicating the deadline for receipt of nominations is August 16, 2013. (Information posted on the Municipality’s Website) D - 3 Mike Smyth, Project Manager, Fermar Paving Limited, advising Fermar Paving Limited is under contract to the Region of Durham to complete milling and paving operations on King Street East (Highway 2) from Courtice Road to Prestonvale Road and requesting an exemption to Clarington’s Noise By-law from the hours of 6:00 p.m. to 6:00 a.m. during the month of May 2013, to allow the work to be completed at night in order to minimize traffic congestion and the amount of time spent to complete the required road work. (Exemption to the Municipality’s Noise By-law approved for the hours of 6:00 p.m. to 6:00 a.m. during the month of May 2013) D - 4 Jill Alley-deBeaupre expressing concern with the proposed housing development at Prestonvale Heights in Courtice particularly with respect to increased traffic and safety; providing details of an incident in which her son was almost hit by a vehicle at the crosswalk at Bloor Street and Rosswell Drive; acknowledging that traffic lights have been installed at the intersection but noting that these lights will not control all of the traffic congestion in the area; suggesting that there could be other suitable options for the project in Courtice; and, requesting that Council consider the safety of the area residents before moving forward with this project. (Advised of actions taken with respect to Item 1 of Unfinished Business – Report PSD-022-13) Council Meeting Minutes - 9 - April 29, 2013 D - 5 Michelle E. Breault expressing concern with the proposal to use the lands on the southeast corner of Bloor Street and Prestonvale Road for residential units only; suggesting that the site is an ideal location for a high school as the land is in an area of recent and future residential development that will increase the need for school spaces, is located on a Regional Road which would ease traffic, is adjacent to the South Courtice Arena where students could access the facility for athletic or other uses without crossing a street, would allow for more use of existing soccer, hockey and skating facilities without the need to duplicate these at the school; and, urging Council to consider the long-term needs of Courtice residents and vote against the proposed development. (Advised of actions taken with respect to Item 1 of Unfinished Business – Report PSD-022-13) D - 6 Frank Klees, MPP, Newmarket-Aurora, requesting that May 1, 2013, be proclaimed “First Responders Day” in recognition of the value of the men and women who serve as fire officials, law enforcement and paramedics for putting their lives on the line every day for the community. (Proclaimed) D - 7 Lorraine Wright advising that she resides just east of the intersection of Gilmore Road and Concession Road 6, questioning why the Municipal trucks stop clearing snow at Gilmore Road and do not clear Concession Road 6, east of the intersection; advising that her home was built in 2000 and that a building permit was issued before the house was constructed; raising issues regarding liability in the event an emergency vehicle is unable to access her property because the road is not maintained; requesting the unassumed road sign located east of Gilmore Road be removed; and, requesting Council’s assistance in ensuring that regular maintenance is resumed for this section of Concession Road 6. (Correspondence referred to the Director of Operations) D - 14 Victoria Ryszkowski expressing concern with the proposed high-density zoning for Prestonvale Heights as the area cannot handle the increased density as traffic and congestion is already a major issue, there is insufficient parking and overcrowding at the local elementary school, the design of the three-storey units does not complement the existing residential neighbourhood, currently there is insufficient parkland and open space for residents to enjoy and the increase in population could increase crime; and, urging Council to represent the best interests of the area families and make the right decision. (Advised of actions taken with respect to Item 1 of Unfinished Business – Report PSD-022-13) Council Meeting Minutes - 10 - April 29, 2013 D - 15 Mike Dingman expressing concern with the proposed high-density zoning in the area of Bloor Street, Prestonvale Road and Meadowglade Road as he feels the apartment buildings do not fit with the existing landscape of the community of families who take pride of ownership in their homes and surroundings and suggesting that there are many other locations that would be better suited for the development. (Advised of actions taken with respect to Item 1 of Unfinished Business – Report PSD-022-13) D - 16 Chris Barnett, Davis LLP, Legal Advisor on behalf of Prestonvale Heights Limited, responding to issues raised by members of the community regarding the applications for Official Plan and Zoning By-law Amendments and Draft Approved Plan of Subdivision with respect to insufficient parkland, clarifying the definition of “high-density” development, reviewing architectural/urban design issues with respect to building elevation and siting, confirming as per the updated Traffic Impact Study, that the existing road network can accommodate the traffic generated by the proposal, including a provision of a pedestrian walkway connecting the proposed plan and Dr. G. J. MacGillivray Public School, and that the proposed development exceeds the Municipality’s parking requirements; proposing a new proposal on a “Without Prejudice” basis in an effort to respond to issues raised; and, indicating Prestonvale has worked hard to listen to the concerns of members of Council, the community and staff noting the without prejudice revision represents the results of consultation and compromise; and, hoping that Council will support it. (Advised of actions taken with respect to Item 1 of Unfinished Business – Report PSD-022-13) D - 17 Ed Morton, advising his property in Kendal has been selected to have turbines as part of the proposed 20 megawatt project; acknowledging that Council has been hearing opposition from Ontario Wind Resistance and are considering making Clarington a “not willing” host community; indicating that he is in favour of the project but has not spoken out as he is not a representative of the developer/operator and does not have the expertise to answer concerns; and, urging Council to take time to meet with a company representative to hear the facts as he feels the Ontario Wind Resistance has been giving out misleading information. (Advised of actions taken with respect to Correspondence Item D - 8) Council Meeting Minutes - 11 - April 29, 2013 D - 18 Carl and Karen Lowery, host landowner, Ganaraska Wind Farm, advising Council that theClarington Wind Concerns group does not represent the majority of Clarington residents, expressing concern that the opposition to industrial wind turbines is based on either false or lack of information as it pertains to the Ganaraska Wind Farm project largely propagated by the Clarington Wind Concerns group; advising they are pro wind generation from both an environmental and economic standpoint and that research done by Dr. Suzuki and his resources have proven them to be one of the safest and environmentally forms of green power generation based on present-day technology; and, suggesting that saying no to this type of investment would be a detrimental to all in Clarington. (Advised of actions taken with respect to Correspondence Item D - 8) D - 20 Safe Communities Advisory Committee requesting the proclamation of May 5 to 12, 2013, as “Emergency Preparedness Week” (Proclaimed) D - 8 Heather Rutherford advising that the proponents of two industrial wind turbine projects in Clarington - Sprott Power’s REA for the Ganaraska Wind Farm and Leader Energy’s REA for the Clarington Wind Farm, have now submitted their applications to the Ministry of the Environment (MOE) for approval; indicating that she, along with many other concerned residents, has reviewed documents sent to the MOE and feel that the documentation does not convey a strong enough message to indicate that Clarington outright opposes their development; advising that Clarington should be made aware of the comments by Premier Wynne who indicated that she did not want to build turbines in communities that were “not willing hosts”; advising that many municipalities have passed motions declaring that they are “not willing hosts”; and, urging Council to formally declare itself “not a willing host”. Resolution #C-137-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the Municipality of Clarington declare itself an “unwilling host” to industrial wind turbine projects. “MOTION REFERRED” (See following motion) Council Meeting Minutes - 12 - April 29, 2013 Resolution #C-138-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Resolution #C-137-13 be referred to staff for a report to the next Council meeting. “CARRIED” D - 9 John Tory, Chair and Mitzie Hunter, Chief Executive Officer, Greater Toronto CivicAction Alliance, requesting Council to join the growing movement in the Greater Toronto and Hamilton Area (GTHA) by signing CivicAction’s “I Pledge to Get a Move On” campaign calling upon GTHA elected officials, residents and civic leaders to show their support for new ways to raise funds to fix the transportation crisis that are dedicated, efficient, transparent and accountable, regional, fair and sustainable. Further information on the pledge is available at http://your32.com/showyourleadership. Resolution #C-139-13 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS in 2008, Metrolinx approved The Big Move: Transforming Transportation in the Greater Toronto and Hamilton Area providing a 25 year plan for expanding public transit; WHEREAS the first wave of transit-related projects are funded and underway as a result of funding from senior levels of government but the balance of the projects are unfunded at this time; WHEREAS The Big Move provided for Metrolinx to develop and report on recommended revenue and financial tools to implement the 25 year regional transportation plan; WHEREAS public roundtables have been held in February regarding the variety of additional revenue tools that are under consideration including, gas tax, parking tax, payroll tax, property tax, road tolls, sales tax and vehicle registration tax WHEREAS Metrolinx has developed a series of principles for developing new revenue tools that include:  Equality of regional contributions and benefits  Fairness in distributing costs  Dedication of the revenue for transportation projects  Transparency regarding the collection and administration of funds Council Meeting Minutes - 13 - April 29, 2013 WHEREAS the extension of GO Rail Service to Bowmanville has been the subject of an expedited EA which has been approved and yet this project remains at the bottom of the list of 15 key projects; WHEREAS the Municipality of Clarington has concerns that its residents will be subject to new taxes and road tolls without seeing any local benefit to improve public transit in the Municipality; WHEREAS the Municipality is required under the Growth Plan for the Greater Golden Horseshoe to build complete communities which includes transit supportive land uses built at higher densities and yet there has been no significant investment in transit service within the Municipality; THEREFORE BE IT RESOLVED THAT Metrolinx and the Premier of Ontario be advised that the Municipality of Clarington will have grave concerns for any transit funding mechanism that will burden Clarington residents with funding transit priority projects in other portions of the GTHA in the absence of a commitment to fund transit improvement projects that will benefit Clarington residents, in particular the extension of GO rail service to Courtice and Bowmanville “CARRIED AS AMENDED” (See following motion) Resolution #C-140-13 Moved by Councillor Traill, seconded by Councillor Woo THAT the foregoing Resolution #C-139-13 be amended by inserting the following paragraph after paragraph 8: “THEREFORE BE IT RESOLVED THAT Clarington takes the position that prior to the introduction of new taxes by Metrolinx, the Government should make a concerted effort to find efficiencies and to demonstrate fiscal responsibility to taxpayers.” “CARRIED” Resolution #C-139-13 was then put to a vote and CARRIED AS AMENDED. Resolution #C-141-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Council recess for ten minutes. “CARRIED” Council Meeting Minutes - 14 - April 29, 2013 The meeting reconvened at 8:45 p.m. D - 10 Paula Tenuta, Vice President, Policy & Government Relations, Building Industry and Land Development Association (BILD) alerting Council to a recent announcement made by Canada Post Corporation to introduce a Community Mail Box Fee of $200 per address to be collected during the subdivision process in new residential and commercial developments; indicating that BILD does not believe Canada Post has the legal authority to implement the fee and respectfully requests Council not to entertain any requests from Canada Post to honour this additional tax; advising that BILD has expressed a number of additional concerns with the fee to Canada Post and are currently in discussions with Canada Post officials in an attempt to provide context and education around the planning and development approval system; and, requesting Council’s show of support for the new home buyer and housing affordability by not honouring any requests to assist with the processing of the Canada Post Community Mail Box fee. Resolution #C-142-13 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item D – 10 from Paula Tenuta, Vice President, Policy & Government Relations, Building Industry and Land Development Association, with respect to changes to the process of installing Community Mail boxes in new developments be received for information. “CARRIED” D - 11 Scott Luey, CAO/Deputy Clerk, Township of Wainfleet, advising Council that on April 9, 2013, the Township of Wainfleet adopted the following resolution pertaining to Wind Turbine Development: “WHEREAS the Premier of Ontario has recently conveyed the Government’s desire to limit Industrial Wind Turbine (IWT) Projects to communities that are willing hosts; AND WHEREAS Council for the Township of Wainfleet has received a clear message from its residents that they are not willing to host IWTs in Wainfleet; AND WHEREAS Council for the Township of Wainfleet has taken a consistent position on the issue of IWTs; NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of Wainfleet applauds the position taken by the Premier and the Government; Council Meeting Minutes - 15 - April 29, 2013 AND THAT based on the consistent position of Council for the Township of Wainfleet and the input received from the community regarding IWTs, the Province of Ontario and specifically the Ministry of Environment be now advised that the Township of Wainfleet is not a “willing host” for IWTs; AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the Minister of Environment, Minister of Energy, Minister of Rural Affairs and to all Ontario municipalities for their support and endorsement.” Resolution #C-143-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Township of Wainfleet be advised of actions taken with respect to Correspondence Item D - 8. “CARRIED” D - 12 Susan Sheridan, CMO, CEMC, Deputy CAO-Clerk Treasurer, Township of Killaloe, Hagarty and Richards, advising Council that the Township of Killaloe, Hagarty and Richards adopted the following resolution pertaining to the distribution and sale of contraband tobacco: “WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products and an increase in criminal activity; AND WHEREAS contraband tobacco products are easily accessible in our community; AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE be it resolved that this Council request the Mayor write a letter to the Ontario Minister of Finance in support of the Ontario Government’s 2012 Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act, particularly in support of measures such as:  increased fines for those convicted of offenses related to contraband tobacco; Council Meeting Minutes - 16 - April 29, 2013  more authority for law enforcement officials with respect to: Forfeiture of items seized, and impounding of vehicles;  drawing on best practices of other jurisdictions and working collaboratively with the Federal Government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts. AND that the Provincial Government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures; AND that surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco.” Resolution #C-144-13 Moved by Councillor Neal, seconded by Councillor Novak THAT the resolution from the Township of Killaloe, Hagarty and Richards, with respect to contraband tobacco, be received for information. “CARRIED” D - 13 Sustainable Clarington Community Advisory Committee advising Council that on April 18, 2013, the Committee adopted the following resolution: “THAT the Committee advise Council that it should add to the Committee two youth members who are residents of Clarington, one attending a school of the Public School Board and one attending a school of the Catholic Separate School Board.” Resolution #C-145-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the School Boards be requested to recommend suitable youth candidates for appointment to the Sustainable Clarington Community Advisory Committee. “CARRIED” Council Meeting Minutes - 17 - April 29, 2013 D - 19 Ernie Marti advising he has recently purchased a fireworks firing system and software to synchronize patterns and timing of fireworks displays; requesting permission to practice setting off 76mm and smaller display fireworks at 1389 Lambs Road sometime between May and June to become familiar with the operating system; and, indicating that there is ample space to fire the display fireworks being used. Resolution #C-146-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT Correspondence Item D – 19 from Ernie Marti, with respect to setting off fireworks, be referred to staff. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 22, 2013 Resolution #C-147-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of April 22, 2013 be approved, with the exception of Items #6, #10, #27 and #34. “CARRIED LATER IN THE MEETING” Councillor Hooper stated a declaration of pecuniary interest with respect to Item #10 of Report #1 as his father was a founding member of the Kinsmen Club, and left the Council Chambers during discussion and voting on this matter. Item #10 Resolution #C-148-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Grant Application #13-05, Bowmanville Kinsmen Club, be denied. “CARRIED” Councillor Hooper returned to the meeting. Council Meeting Minutes - 18 - April 29, 2013 Item #27 Resolution #C-149-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Grant Application #13-28, Orono Amateur Athletic Association, be denied. “CARRIED” Councillor Neal stated a declaration of pecuniary interest with respect to Item #34 of Report #1 as he is on the Board of Directors of Home Base Durham, and left the Council Chambers during discussion and voting on this matter. Item #34 Resolution #C-150-13 Moved by Councillor Traill, seconded by Councillor Woo THAT Grant Application #13-35, Home Base Durham, be approved in the amount of $2,500.00. “CARRIED” Councillor Neal returned to the meeting. Item #6 Resolution #C-151-13 Moved by Councillor Woo, seconded by Councillor Traill THAT Report CSD-004-13 be received; THAT all submitted grant requests be considered; and THAT all grant applicants listed in Report CSD-004-13 be advised of Council’s decision. “CARRIED AS AMENDED” (See following motion) Council Meeting Minutes - 19 - April 29, 2013 Resolution #C-152-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C-151-13 be amended by adding the following: “THAT $2,000 be set aside for Central Public School playground equipment fundraiser, pending submission of a completed grant application.” “CARRIED” Resolution #C-151-13 was then put to a vote and CARRIED AS AMENDED. Resolution #C-147-13 was then put to a vote and CARRIED. UNFINISHED BUSINESS Resolution #C-153-13 Moved by Councillor Woo, seconded by Councillor Traill THAT Resolution #C-124-13 be lifted from the table. “CARRIED” The following resolution was before Council: Resolution #C-124-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Report PSD-022-13 be received; THAT Amendment No. 93 to the Clarington Official Plan submitted by Prestonvale Heights Limited to add a “High Density Residential" symbol to the subject lands, as contained in Attachment 9 to Report PSD-022-13, be denied; THAT the application for Amendment to Draft Approved Plan of Subdivision S-C-2007-0007 submitted by Prestonvale Heights Limited for a total of 261 units be denied; THAT the Zoning By-law Amendment application submitted by Prestonvale Heights Limited be denied; and Council Meeting Minutes - 20 - April 29, 2013 THAT all interested parties registered 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 Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ BY-LAWS Resolution #C-154-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-047 to 2013-051 2013-047 Being a by-law to exempt a certain portion of Registered Plan 40M-2489 from Part Lot Control 2013-048 Being a By-law to adopt Amendment No. 94 to the Clarington Official Plan 2013-049 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2013-050 Being a By-law to exempt a certain portion of Registered Plan 40M-2214 from Part Lot Control; 2013-051 Being a By-law to exempt a certain portion of Registered Plan 40M-2446 from Part Lot Control; and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. i I Council Meeting Minutes - 21 - April 29, 2013 OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Hooper and Councillor Neal stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law and left the Council Chambers during discussion and voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-155-13 Moved by Councillor Partner, seconded by Councillor Traill THAT leave be granted to introduce By-law 2013-052, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 29t" day of April, 2013; and THAT the said by-law be approved. "CARRIED" Councillor Hooper and Councillor Neal returned to the meeting. ADJOURNMENT Resolution #C-156-13 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 9:45 p.m. "CARRIED" JA� r , A MAYOR IP CLERK