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HomeMy WebLinkAbout09-30-2013 Council Meeting Minutes SEPTEMBER 30, 2013 Minutes of a regular meeting of Council held on September 30, 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 W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn Director of Engineering Services, T. Cannella Corporate Initiatives Officer, C. Clifford Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid Senior Planner, C. Strike, attended until 8:15 p.m. Director of Finance/Treasurer, N. Taylor Communications Coordinator, J. Vreeker, attended until 9:00 p.m. Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Neal announced the following:  He extended congratulations to the following people who helped with the Heritage Harvest in Courtice: Clarington Museum and Archives Board Members and staff Michelle Speelman Viney, Bonnie Seto, Marilyn Morawetz, John Witheridge and Val, Julia Fielding and Charles Taws, Municipal staff Lori Gordon, Rick Pigeon, Fred Horvath, Bob Genosko and Operations Department staff, Bands Thicker Than Water, Russ Gordon, his daughter Karen, Sally Ryba, special guests the Osgoode Adams Band featuring Al Douglas, Dave Blakely and his wife Jane, sponsors and volunteers Jeff Council Meeting Minutes - 2 - September 30, 2013 Goldman, Durham Group, Veridian, Ontario Power Generation, Roy Nichols Motors, Sharon and Lou Davidson, Patti Knowler, Nicole Belanger, Monica Neal, Justin and Sebastian Seto, Kim Neal, Mackenzie Bastarache, Shawna Sidorkiewicz and Katie Prychitko  He acknowledged the passing of Ron Clemens Councillor Partner announced the following:  Federal Electoral Boundaries realignment will see part of Ward 4 being moved to the Northumberland Riding th  100 Anniversary of the Orono Armories, Saturday, October 5, 2013  Parents, Tots and Seniors Free Public Skating at the Orono Arena on October 2, 2013  October 5, 2013, Clarington will host the Region’s E-Waste event at the Operations Depot, 178 Darlington/Clarke Townline Road between 8:00 a.m. and 12:00 noon. A local food bank will be collecting non-perishable food  October 5, 2013, Newcastle Fall Festival from 9:00 a.m. to 5:00 p.m., featuring a car, truck and tractor show  October 5, 2013, Bee Gees Impersonators at the Newcastle Community Hall th  Running Maniacs are hosting their 8 Annual Fall Festival Run and Walk on October 5, 2013, in support of Walk for Guide Dog Foundation th  19 Annual Newcastle Lions Walk for Dog Guides on October 5, 2013  October 19, 2013, Kendal Country Open Mic  November 2, 2013, Kendal Christmas Bazaar  November 16, 2013, Janice Parish and Royal Service Dance and Fundraiser in support of the food bank Councillor Traill announced that the original date for the Samuel Wilmot Nature Trail Area Scavenger Hunt was rained out and the event is now scheduled for Saturday, October 5, 2013, at 10:00 a.m. Councillor Woo announced the following: th  He attended the 20 Anniversary of the Richmond Hill Chinese Business Association Gala on September 28, 2013  Day of Hope and Leadership - Personal, Professional and Community Development Day on October 1, 2013 at the Ajax Convention Centre  September is Gold Ribbon Childhood Cancer Awareness Month. Blood Donor Clinics will be held on October 1, 4, 17 and 23, 2013  Bowmanville Zoo closes for the season on Thanksgiving Monday  Love From Max: Begley Family & Friends Variety Night at Tosca Banquet Hall on October 12, 2013 Council Meeting Minutes - 3 - September 30, 2013 Councillor Hooper announced the following:  October 5, 2013, Clarington Girls’ Hockey Association Challenge Cup  The Grey Cup will be at Paddy’s Market on October 5, 2013, 11:00 a.m. to 3:00 p.m. th  5 Anniversary of Boston Pizza on October 6, 2013  Historic Downtown Bowmanville’s Apple Festival and Craft Sale on October 19, 2013, featuring apple fritters, dumplings, pies, crumbles, entertainment, music and craft vendors  Re-opening of the new LCBO on October 9, 2013, at the Smart Centre th  The 15 Anniversary of the Clarington Older Adult Centre was very successful. Variety Night was sold out  Congratulations to all involved in Family Safety Day at Fire Station 1.  Barry Wilson was recognized for 15 Years of Service to the Darlington Soccer Association at the Durham Region Soccer Association Volunteer Recognition Awards Mayor Foster announced the following:  The Municipality was presented with a plaque for supporting the Heart Wise Exercise Program Initiative  2013 Durham Region Employment Network EmployABILITY Awards Gala on October 3, 2013, at the Tosca Banquet Hall kicking off National Disability Employment Awareness Month for October  October 7, 2013, “Grandville Kids” Flag Raising  Ganaraska Forest is providing free hiking passes during “Ontario Hiking Week”, an annual Province-wide event during the first week of October  Hair Cut-A-Thon on October 5, 2013, from 1:30 p.m. to 3:30 p.m. in support of the Terry Fox Campaign at Holy Trinity Catholic Secondary School  October 6, 2013, Mountain Bike Duathalon from 11:00 a.m. to 4:00 p.m.  Volunteers have moved over 6,000 fish at the Fish lift at the Bowmanville Dam and volunteers are always welcome  He expressed appreciation to St. Marys Cement, Ontario Power Generation and Archibalds for hosting tours on Friday for the Consul General of the People’s Republic of China and staff visiting the municipality  He thanked Municipal and Regional Staff for their efforts with respect to the re- alignment of Federal Electoral Boundaries. Mayor Foster indicated that although there was a plan to keep Durham whole, the Municipality ended up with two ridings. Council Meeting Minutes - 4 - September 30, 2013 Resolution #C-295-13 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council September 16, 2013, be approved. “CARRIED” Resolution #C-296-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow for additional delegations to be added to the Agenda. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Mayor Foster √ Resolution #C-297-13 Moved by Councillor Woo, seconded by Councillor Partner THAT David Forrester, Jeff Langley and Don Wright be added to the list of delegations to address Correspondence Items D - 13 and D - 14. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Mayor Foster √ Council Meeting Minutes - 5 - September 30, 2013 PRESENTATIONS Mayor Foster presented a cheque in the amount of $30,000, representing the proceeds of the Mayor’s Classic Golf Tournament, to Chris Newman, Firehouse Youth Centre and Gord Brook, President, Board of Directors, Maria Perrino, Dianna Eastwood and Brian Sibley, John Howard Society of Durham. Chris Newman expressed appreciation for the donation, indicating that the funds will assist in expanding programming. Rick Rossi, Port Darlington Community Association, Cristina Hodgins, Human Resources Manager, Ruben Plaza, Environmental Manager, Wilson Little, Previous Director, Engineering, Lands and Development, St. Marys Cement Community Relations Committee addressed Council to present their 2012 Annual Report. Mr. Rossi advised the purpose of the St. Marys Community Relations Committee is to provide an opportunity for dialogue and relationship building between the community and St. Marys and for St. Marys to report on their progress implementing the Westside Marsh Configuration Plan. He indicated the Committee meets several times per year. Through use of a PowerPoint presentation, Ruben Plaza summarized the environmental awards St. Marys has received from the Portland Cement Association as well as certifications under the International Organization for Standardization for energy management. Mr. Plaza stated St. Marys has a systematic approach to environmental performance which shows continuous improvement. He stated that St. Marys was above their allowances of 2,808 for S0 in 2012 by emitting 5,082 2 tonnes; however, for the period 2006 to 2012 they were below their allowances of 27,703 tonnes emitting 26,556 tonnes. He also advised that for N0x St. Marys was above their allowances of 2,553 in 2012 by emitting 3,291 tonnes; however, for the period 2006 to 2012 they were below their allowances of 26,227 by emitting 25,584 tonnes. Mr. Plaza stated that in 2013, St. Marys Cement Bowmanville installed a lime hydrator system to reduce S0emissions at a cost of over $5 million which 2 demonstrates St. Marys commitment and leadership to protecting the environment and that St. Marys is the first Canadian Cement plant to have a Selective Non- Catalytic Reduction (SNCR) and lime injection system to reduce its N0x and S0 2 emissions. Ms. Hodgins highlighted community initiatives including St. Marys th donation of concrete required to build the picnic shelter for the 90 Anniversary of the Orono Park, the Valleys 2000 Fish ladder, the company’s support of over 30 local charities and their annual Open House and Blast Viewing. Mr. Plaza confirmed that there were no exceedences for blasting in 2012 with only one exceedence for noise in 2012 and that the issue has been reviewed with the blasting company. Council Meeting Minutes - 6 - September 30, 2013 DELEGATIONS Barbara and John Montague addressed Council concerning Correspondence Item D - 6 - State of Rural Roads. Mrs. Montague stated they were before Council this evening to bring attention to the state of Best Road, to request funding to repave Best th Road, north of the 8 Concession, and to have proper ditching so the spring runoff will not destroy the road. Through use of a PowerPoint presentation, Mrs. Montague highlighted sections of Best Road where the lack of ditching causes damage and is eroded by the spring runoff. She noted that there are approximately 800 patches and holes that have accumulated on a 2km section of the roadway over the past 26 years. Mrs. Montague questioned the rationale for resurfacing the section of Best Road which will be destroyed by the Highway 407 extension and summarized by stating th Best Road North requires ditching, paving between the 8 Concession and Skelding Road and that the Municipality needs to provide a safe maintained road for area residents. Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington addressed Council to provide an update on the Agency’s 100 Years of Mentoring. Ms. Brown played a video entitled “Start Something” highlighting the benefits of mentoring and introduced Nancy Harris, President, Board of Directors and Kira Nowick and Caitlyn Lyver, Little Sisters. Ms. Brown stated Big Brothers Big Sisters of Clarington develop and implement a variety of programs to meet the needs of the community. She noted that over the past few years, the Agency has embarked on research studies which demonstrate the importance of mentoring and highlighted statistics in support of the findings. Resolution #C-298-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the delegation of Darlene Brown be extended. “CARRIED” Ms. Brown called upon Kira Nowick and Caitlyn Lyver who provided their personal experiences as Little Sisters. Ms. Brown indicated the Agency relies on community support noting the physical location does not provide adequate space and requires major repair work. She expressed concern that the Agency cannot continue to meet the needs of the community unless sustainable funding is found. Ms. Brown was requesting Council’s support in committing further investment and to discuss ways to engage the municipality so that children of the community can reach their full potential. Council Meeting Minutes - 7 - September 30, 2013 Kerry Meydam addressed Council concerning Item 13 of Report #1 - Continuous Monitoring Mercury and All Particulate Matter at the Incinerator Stack. Ms. Meydam advised she was in attendance to request Council to support the motion brought forward from the General Purpose and Administration Committee to request that Durham Region include continuous emissions monitoring of mercury and total particulate matter at the stack. She expressed concern that while residents were promised the most modern and state-of-the art emission control technologies for emission standards and monitoring of the EFW facility, they are only getting the minimum required by the Ministry of the Environment. Ms. Meydam stated that residents have repeatedly asked for continuous monitoring of particulate matter and of mercury for the protection of the health of Clarington and Durham residents and beyond and that only frequent enough monitoring of all contaminants can prove that emissions limits are being met. Resolution #C-299-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Council recess for 15 minutes. “CARRIED” The meeting reconvened at 9:40 p.m. Wendy Bracken addressed Council concerning Item 13 of Report #1 - Continuous Monitoring Mercury and All Particulate Matter at the Incinerator Stack. Ms. Bracken indicated that she was in attendance to urge Council to endorse the recommendation brought forward by the General Purpose and Administration Committee as a necessary and responsible step to protect the residents. Ms. Bracken expressed concern that most of the pollutants including particulate matter and mercury will be monitored only one day per year. She noted that in Europe, particulate matter is monitored continuously and averages are calculated every ½ hour. Ms. Bracken feels it is important for Council to send a request for continuous monitoring of particulate matter and mercury as it is possible and can be done. She suggested that the motion be amended to reflect “continuous emissions/sampling of mercury and continuous emissions at the stack”. She expressed concern that the Durham/York program does not meet or exceed European Union requirements and that residents were promised that this incinerator would meet or exceed EU requirements. Ms. Bracken feels it is important for Council to evaluate what ambient monitoring has revealed as the Courtice site already exceeds World Health Organization (WHO) benchmarks and is above the Canadian air ambient standards coming into effect. She stated particulate matter is a problem in the area, and it is essential that continuous emissions monitoring be undertaken. Council Meeting Minutes - 8 - September 30, 2013 Resolution #C-300-13 Moved by Councillor Traill, seconded by Councillor Partner THAT Wendy Bracken’s delegation be extended by three minutes. “CARRIED” Ms. Bracken stated that British Columbia is adopting the European Union model and questioned why the same isn’t being applied here. Wendy Bracken addressed Council concerning Item 14 of Report #1 - Environmental Assessment for the Energy From Waste Incinerator Plant and Emissions from the St. Marys Cement Plant. Ms. Bracken expressed disappointment in the presentation of St. Marys Cement’s Annual Report as she feels the presentation focused more on awards received and support of local charities but skirted the real community issue of pollution exceedences. She questioned the process of buying credits so St. Marys can report higher emissions here than what are permitted and suggested that Council seek a legal opinion on purchasing credits when the company is already exceeding ambient air emission limits. Ms. Bracken urged Council to look at the big picture as the EA for the Courtice EFW site has identified the existence of respiratory irritants and questioned who is looking at these combined effects. Ms. Bracken suggested that Council should request St. Marys not to add more pollution to the area by not exceeding their emissions and by not using credits. Dave Forrester, Jeff Langley and Don Wright addressed Council in support of allowing part-time volunteer fire-fighters to work past age 60. Mr. Forrester indicated that he was allowed to continue working and highlighted the benefits of having senior firefighters who are willing and trained being permitted to continue working past age 60. He urged Council to remove the roadblocks that prevent this from happening. Mr. Langley and Mr. Wright stated they were both in attendance to request permission to continue their service to the Municipality beyond the age of 60. Resolution #C-301-13 Moved by Councillor Partner, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of dealing with a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. “CARRIED” Councillor Neal raised a Point of Order questioning how the meeting could be “closed” with members of the public in attendance. Council Meeting Minutes - 9 - September 30, 2013 The Municipal Clerk quoted the relevant section of the Municipal Act permitting delegations to be held during a “closed” session. Councillor Neal returned to the Council Chambers at 10:26 p.m. The meeting resumed in open session at 10:40 p.m. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Dave Forrester, Jeff Langley and Don Wright responded to questions from the Members of Council. Resolution #C-302-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT, in accordance with Section 10.12.34 of the Procedural By-law,the meeting be extended for two hours. “CARRIED” Resolution #C-303-13 Moved by Councillor Partner, seconded by Councillor Woo THAT the Order of the Agenda be altered to consider Correspondence Items D - 13 and D - 14 at this time. “CARRIED” D - 13 Confidential correspondence regarding a personnel matter. D - 14 Confidential correspondence regarding a personnel matter. Council Meeting Minutes - 10 - September 30, 2013 Resolution #C-304-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow for a motion of reconsideration to be introduced. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” (3/4 vote majority required) Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Mayor Foster √ Resolution #C-305-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Items D – 13 and D – 14 be referred to staff for a report back to the next Council meeting including discussion of the Municipality’s policy of standard retirement at age 60 for Volunteer Fire Fighters. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 11 - September 30, 2013 Resolution #C-306-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 11:26 p.m. COMMUNICATIONS Resolution #C-307-13 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 - 8, I - 11, and I - 12. “CARRIED” I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 10, 2013 I - 2 Minutes of the Clarington Heritage Committee dated September 17, 2013 I - 3 Minutes of the Agricultural Advisory Committee of Clarington dated September 12, 2013 I - 4 Minutes of the Clarington Accessibility Advisory Committee dated September 4, 2013 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated September 17, 2013 I - 6 Minutes of the Clarington Safe Communities Advisory Committee dated September 19, 2013 Council Meeting Minutes - 12 - September 30, 2013 I - 7 Amy Terrill, Vice President Public Affairs, Music Canada, advising Music Canada represents the major music companies and artists in Canada and works directly with recording studios, live music venues and music festivals, including Boots and Hearts; indicating that Boots and Hearts is a unique music festival in Ontario but one of many that contribute to the economic, social and cultural benefits live music brings to Ontario; advising that the Province has identified music as a key economic sector and has announced a coordinated strategy to market Ontario as one of the best destinations for live music in the world; indicating that music festivals pump millions of dollars into their local economies and that Boots and Hearts is a huge opportunity for Clarington as its host community; and, encouraging the Municipality to work with Republic Live in order to maximize the benefits of the festival and to address any concerns that may arise. I - 9 Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington, providing an update of activities which took place during the yearlong celebration marking 100 years of mentoring in Canada and revealing research findings in support of mentoring with respect to student success, civic engagement and dealing with bullying. I - 10 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Report No. 2013-P-55 of the Commissioner of Planning and Economic Development regarding the National Household Survey (2011) – Mobility, Education, and Labour Force. I - 13 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on September 18, 2013, Regional Council adopted the following resolution pertaining to Quarterly Report on Planning Activities: “a) THAT Report #2013-P-50 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report #2013-P-50 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information.” I - 12 Debbie Shields, City Clerk, City of Pickering, writing to the Toronto and Region Conservation Authority, advising that on September 16, 2013, the City of Pickering adopted the following resolution pertaining to Conservation Policies: The Draft “Living City Policies”, Toronto and Region Conservation Authority and “Watershed Management Futures for Ontario”, Conservation Ontario Whitepaper: Council Meeting Minutes - 13 - September 30, 2013 “1. THAT Report PLN 15-13 of the Director, City Development regarding the draft “Living City Policies” of the Toronto and Region Conservation Authority and the “Watershed Management Futures for Ontario”, a Whitepaper by Conservation Ontario, be received; 2. THAT City Staff comments on the draft “Living City Policies” of Toronto and Region Conservation Authority, as set out in Appendix I to Report PLD 15-13, be endorsed, and Toronto and Region Conservation Authority be requested to reflect the comments in the final “Living City Policies” and that TRCA be requested to respond in writing to the City of Pickering with respect to these matters; 3. THAT Pickering Council advise Conservation Ontario and the Ministers of Natural Resources, Environment, Municipal Affairs and Housing, Infrastructure, and Agriculture, Food and Rural Affairs, that the City of Pickering does not support: a) transfer of ownership of flood control infrastructure to municipalities from Conservation Authorities; and b) delegation of the authority for policy interpretation for natural heritage protections under the Planning Act to Conservation Authorities from municipalities; 4. THAT Pickering Council request that area municipalities be invited to participate in the discussions about a new funding formula for Conservation Authorities that may have direct impacts on municipal interests; and 5. FURTHER, THAT copies of Report Number PLN 15-13 be forwarded to the Toronto and Region Conservation Authority, the Region of Durham, other Durham Region local municipalities, the Association of Municipalities of Ontario, Conservation Ontario and the Ministers of Natural Resources, Environment, Municipal Affairs and Housing, Infrastructure, and Agriculture, Food and Rural Affairs.” Resolution #C-308-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item I – 12 from Debbie Shields, City Clerk, City of Pickering, with respect to Conservation Policies: The Draft “Living City Policies”, Toronto and Region Conservation Authority and “Watershed Management Futures for Ontario”, Conservation Ontario Whitepaper, be referred to staff for a report. “CARRIED” Council Meeting Minutes - 14 - September 30, 2013 I - 8 Nicole Welsbury, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the National Energy Board advising that on September 9, 2013, the Town of Ajax adopted the following resolution pertaining to Enbridge Line 9B Reversal and Line 9 Capacity Expansion Project: “1. THAT Enbridge Pipelines be required to install remotely controlled isolation valves at shorter intervals within Durham Region, including working with conservation authorities to determine key watercourses where additional isolation valves should be installed, to minimize the volume of oil that may be released during a spill. 2. THAT Enbridge Pipelines be required to conduct an integrity dig at Kilometre Post (KP) 3112.9 to protect against a possible worst case scenario spill in Durham Region. 3. THAT Enbridge Pipelines be required to establish a new Enbridge Oil Pipeline emergency response crew, including emergency equipment storage facility, between Westover and Belleville to reduce Enbridge’s emergency response times for Ontario’s most densely populated area. 4. THAT Enbridge Pipelines be required to deliver annual emergency response training and detailed information sessions regarding Line 9 to conservation authority staff, regional and local municipal staff, and emergency services personnel. 5. THAT Enbridge Pipelines be required to, in collaboration with municipalities, identify stormwater sewer catch basin locations and stormwater management pond locations in their mapping for emergency response purposes. 6. THAT Enbridge Pipelines be required to develop local municipal specific Emergency Response Plans that are aligned with existing municipal emergency plans. 7. THAT the Letter of Comment to the National Energy Board regarding Enbridge’s application for the Line 9B Reversal and Line 9 Capacity Expansion Project, as provided in Attachment 1, be received for information. Council Meeting Minutes - 15 - September 30, 2013 8. THAT this Report be circulated to the National Energy Board; Enbridge Pipelines Inc.; Durham Region; City of Pickering, Town of Whitby, City of Oshawa; Municipality of Clarington; Toronto and Region Conservation Authority; Central Lake Ontario Conservation Authority; Ganaraska Region Conservation Authority; Town of Ajax Environmental Advisory Committee; the cities of Mississauga, Kingston, Hamilton, Burlington and Toronto, all Members of Parliament representing the lakeshore municipalities in Durham; the leaders of the major federal political parties; Environmental Defense, and DurhamCLEAR.” Resolution #C-309-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT the resolution of the Town of Ajax, with respect to the Enbridge Line 9B Reversal and Line 9 Capacity Expansion Project, be endorsed. “CARRIED” I - 11 Debra Nicholson, Local Area Manager – Durham, Canada Post, advising that Canada Post is committed to providing postal services in urban and rural communities across the Country; however, they need to make smart choices to maintain local service without becoming a burden on Canadian taxpayers; indicating that they will be holding discussions with the local representative of their employees’ association, the Canadian Postmasters and Assistants Association (CPAA), regarding the potential closure on Saturdays and realignment of hours during the week at the Orono Post office and will communicate with Council once discussions have occurred. Resolution #C-310-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Council send correspondence to the Canada Post Area Manager and Canada Post requesting that the hours at the Orono Post Office remain status quo. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-311-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 2 to D - 5 be approved as per the Agenda. “CARRIED” Council Meeting Minutes - 16 - September 30, 2013 D - 2 Angela Tibbles, Chair, Clarington Heritage Committee, requesting that February 17 to 23, 2014 be proclaimed “Heritage Week 2014” to showcase Clarington’s heritage and to assist residents in discovering interesting historical facts about the Municipality; requesting permission to install a banner at the western edge of Bowmanville from February 1 to 23, 2014 to promote the week and events; advising the theme for “Heritage Week 2014” will focus on Clarington’s agricultural history; and, encouraging Members of Council to participate in the events to celebrate Heritage Week. (Proclaimed, installation of a banner approved and Veridian advised) D - 3 Don Cooper, Past President/Poppy Chairman, Royal Canadian Legion Branch 178, requesting permission to raise the Poppy Flag on Thursday, October 24, 2013, in support of the 2013 Poppy Campaign which starts on October 25, 2013. (Approval granted for raising of the Poppy Flag on October 24, 2013) D - 4 Keith MacDonald, Gate 3:16 Outreach Centre, requesting permission to host the “Ride for Refuge”, a 10km and 25km fundraising bike-a-thon event on October 5, 2013, from 8:30 a.m. until approximately 2:00 p.m., and forwarding proposed routes which will start and end at Hope Fellowship Church at 1685 Bloor Street, Courtice. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 5 Anne Lannan, Ontario Community Newspapers Association, forwarding information on the Ontario Junior Citizen of the Year Awards, a program to recognize outstanding young people in their own communities who exhibit courage, leadership and community spirit; and, requesting assistance in promoting the program. Nomination forms are available at www.ocna.org, by calling OCNA at 905-639-8720 or by e-mail at k.gorven@ocna.org. The deadline for nominations is November 30, 2013. (Correspondence referred to the Municipal Clerk to place on the Municipal website) Council Meeting Minutes - 17 - September 30, 2013 D - 1 Don Head, Commissioner, Correctional Service Canada (CSC) calling on all Mayors, Chiefs, Reeves, Councillors and community leaders from across Canada to proclaim “Restorative Justice Week 2013”, from November 17 to 24, 2013; and, advising that this year’s theme “Inspiring Innovation” encourages the sharing of leading edge examples of restorative justice as an inspired approach to justice and showcases the field’s achievements in hopes that those working in restorative justice will seek novel ways to contribute further to this valuable work through new technologies, resource options and service models. Resolution #C-312-13 Moved by Councillor Traill, seconded by Councillor Woo THAT November 17 to 24, 2013, be proclaimed “Restorative Justice Week 2013”. “CARRIED” D - 6 Barbara Montague expressing concern with the lack of funding for rural roads; advising that last spring a fast flowing river tore Best Road apart and while a crew patched the road in a timely fashion, the destruction to the road could have caused harm or damage to vehicles; and, acknowledging that she has addressed the issue of the reconstruction of Best Road with staff on several occasions and has been advised of the lack of funding for rural road maintenance. Resolution #C-313-13 Moved by Councillor Partner, seconded by Councillor Neal THAT Correspondence Item D - 6 from Barbara Montague with respect to lack of funding for rural road maintenance and the request for resurfacing Best Road North, be referred to the 2014 budget. “CARRIED” D - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Bob Chiarelli, Minister of Energy, advising that on September 18, 2013, Regional Council adopted the following resolution pertaining to update on Provincial Energy Planning consultations, Regional staff participation and opportunity for Regional Council input to the reviews of Ontario’s Long Term Energy Plan and Conservation and Demand Management Framework: Council Meeting Minutes - 18 - September 30, 2013 “a) THAT Joint Report #2013-J-23 be submitted to the Minister of Energy and the Environmental Bill of Rights Registry (EBR) as Durham Region’s response to EBR postings 011-9490 and 011-9614; b) THAT the Region recommends that the Province develop guiding principles for energy planning including meaningful engagement with the public and municipalities, respect for municipal official plans, transparency, economic benefits, accountability, efficiency, equity and sustainability; c) THAT with respect to Ontario’s energy supply mix, the Ministry of Energy be advised that Durham Region: i) supports the continued use and development of nuclear energy as reliable source of baseload electricity and a key element of Ontario’s energy supply mix; ii) supports the development of electric power facilities, including renewable energy facilities in appropriate locations determined in consultation with willing area municipalities and through proper environmental assessment and land use planning processes; and iii) advocates for adequate and effective provincial incentives for Regional and local municipalities to incorporate renewable energy installations on/in (existing and new) municipal facilities to supplement their energy needs and potentially sell power to the grid; d) THAT the Region recommends that in developing Ontario’s Long- Term Energy Plan, the Province should conduct a more integrated evaluation of: i) the economic, environmental, community and land use impacts of a particular mix of energy sources (hydro, nuclear, gas, wind, solar biomass, etc.); ii) the mix of energy facility sizes and locations that will lead to a resilient supply system; and iii) the costs and environmental impacts of the transmission/distribution systems associated with the proposed energy supply mix; Council Meeting Minutes - 19 - September 30, 2013 e) THAT the Region further recommends in setting its energy policy, the Province recognizes the importance of affordable, reliable energy coupled with reduction in greenhouse gases as important determinants of human health, community well-being and environmental protection; f) THAT with respect to safeguarding drinking water sources, the Region recommends that the Province ensure that energy projects not introduce significant drinking water threats into an intake protection zone or wellhead protection area. Any potential contamination pathways into an aquifer created by an energy project must be properly regulated by the Province (e.g. dewatering wells or geothermal installations should be regulated under O.Reg. 903); g) THAT with respect to environmental protection, the Region urges the Province to support removal of the nuclear waste from the Darlington and Pickering nuclear sites as expeditiously as possible, away from large and growing urban centres and the Lake Ontario drinking water supply; h) THAT with respect to the energy conservation framework, the Region recommends that the Province support municipal efforts to contribute to conservation and demand management targets through: i) stable and improved provincial incentives, funding supports and technical supports; ii) reduced administrative and reporting burdens; and iii) more collaborative efforts with Local Distribution Companies (LDCs) and other key industry stakeholders; i) THAT the Region recommends that the Province makes power produced by municipal energy-from-waste facilities eligible for renewable FIT (feed-in-tariff) pricing; j) THAT with respect to the voluntary Municipal Energy Plan (MEP) Program, the Region recommends that the program be amended to extend provincial funding, resources and technical support to upper- tier municipalities to complement MEP funding provided to lower-tier municipalities since upper-tier municipalities may be required to acquire new technical expertise to provide input to these comprehensive plans; Council Meeting Minutes - 20 - September 30, 2013 k) THAT the Region recommends that the Province works with the Municipal Property Assessment Corporation (MPAC) to consult municipalities about the appropriate valuation of traditional and alternative energy installations (e.g. nuclear plants, wind turbines) through the property assessment system to fairly represent the value of the facilities; l) THAT the Province be advised that the Region shares the views of the plans for nuclear refurbishments and nuclear replacement build in the 2010 Long Term Energy Plan as well founded and which should continue to be implemented; and m) THAT copies of Joint Report #2013-J-23 be forwarded to Durham’s area municipalities, Durham’s conservation authorities, Local Distribution Companies (LDCs), the Association of Municipalities of Ontario, and the Canadian Association of Nuclear Host Communities.” Resolution #C-314-13 Moved by Councillor Woo, seconded by Councillor Neal THAT Correspondence Item D – 7 from D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, with respect to update on Provincial Energy Planning consultations, Regional staff participation and opportunity for Regional Council input to the reviews of Ontario’s Long Term Energy Plan and Conservation and Demand Management Framework, be received for information. “CARRIED” D - 8 John R. O’Toole, MPP, Durham, providing an update on Bill 44, the Capacity to Pay Act, 2013, regarding arbitration reform, expressing concern that the Liberals and the New Democrats voted together against the Capacity to Pay Act, 2013 earlier this year and against the Ability to Pay Act, 2012, the previous year; indicating that the Association of Municipalities of Ontario (AMO) has endorsed Bill 44, the Capacity to Pay Act, 2013, and that MPP Jim Wilson, Opposition House Leader, has written to the Liberal and NDP House Leaders asking that they bring forward comprehensive arbitration reform; and, urging Council to reaffirm its stance on the importance of fixing the broken arbitration system and to continue to advocate with the provincial government for the reforms Ontario municipalities need. (On November 5, 2012, Council received correspondence with respect to this matter for information.) Council Meeting Minutes - 21 - September 30, 2013 Resolution #C-315-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item D – 8 from John R. O’Toole, MPP, Durham, providing an update on Bill 44, the Capacity to Pay Act, 2013, be received for information. “CARRIED” D - 9 Kristiina Loorand, Operations Manager, National Diabetes Trust, requesting Council to enact a by-law to regulate the placement and maintenance of clothing donation drop boxes in Clarington; indicating that the Trust has over 25 years of experience in the collection of used clothing for the purpose of providing funding for charitable work and diverting 46 million kg from landfills annually and have developed practices including obtaining partner permission prior to Drop Box placement, regular Drop Box servicing; contact number and Charitable registration number on all Drop Boxes and maintaining communication with partners to address concerns; and, advising that the Trust feels that a charitable Drop Box By- law influenced by their proven practices would benefit the needs of the Community. Resolution #C-316-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence Item D - 9 from Kristiina Loorand, Operations Manager, National Diabetes Trust, with respect to the enactment of a by-law to regulate the placement and maintenance of clothing donation drop boxes in Clarington, be referred to staff. “MOTION LOST” Resolution #C-317-13 Moved by Councillor Partner, seconded by Councillor Hooper THAT Correspondence Item D - 9 from Kristiina Loorand, Operations Manager, National Diabetes Trust, with respect to the enactment of a by-law to regulate the placement and maintenance of clothing donation drop boxes in Clarington, be received for information. “CARRIED” Council Meeting Minutes - 22 - September 30, 2013 D - 10 Joanne L. McMillin, City Clerk, City of Kenora, writing to the Honourable Kathleen Wynne, Premier of Ontario, advising that on September 17, 2013, the City of Kenora adopted the following resolution pertaining to a Provincial ban of flying lanterns: “THAT Council of the City of Kenora hereby petitions the Provincial Government to have flying lantern devices banned from use and sale in the Province of Ontario; and THAT Council of the City of Kenora circulates a copy of this resolution to all Ontario Municipalities for endorsement and support; and further THAT the City of Kenora Fire and Emergency Services initiate enforcement action when the identity of the owner of the device can be determined, through appropriate sections of the Ontario Fire Code.” Resolution #C-318-13 Moved by Councillor Woo, seconded by Councillor Neal THAT the resolution of the City of Kenora, with respect to a Provincial ban of flying lanterns, be endorsed. “CARRIED” D - 11 Dennis Purcell, Chair, Bancroft & Hastings Highlands Disaster Relief Committee, advising that on May 16, 2013, the Minister of Municipal Affairs and Housing declared the Town of Bancroft and the Municipality Hastings Highlands as disaster areas for the purpose of the Ontario Disaster Relief Assistance Program (ODRAP), in response to flooding conditions which caused severe infrastructure damage to homes and businesses; indicating that under ODRAP, the province will top up funds raised to pay eligible claims at 90 per cent up to a maximum of $2:$1 ratio; indicating that following preliminary assessments by the Provincial Disaster Assessment Team, the Committee has set a financial goal of $87,500 and is making measurable gains towards meeting this goal by the fundraising campaign deadline of October 31, 2013; and, requesting Council consider a donation in any amount for this worthwhile cause. Resolution #C-319-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the request for financial assistance from Dennis Purcell, Chair, Bancroft & Hastings Highlands Disaster Relief Committee, be received for information. “CARRIED” Council Meeting Minutes - 23 - September 30, 2013 D - 12 Sylvia Jones, MPP, Durham-Caldedon, forwarding details of her Private Member’s Bill, Bill 56, the Aggregate Recycling Promotion Act, which, if adopted, would ensure that recycled aggregates can be included in construction projects paid for with public money; advising that research has proven that recycled aggregates are as safe and reliable as primary aggregates and that the Aggregate Recycling Promotion Act balances the need for aggregate extraction by encouraging the use of recycled aggregates; forwarding an overview of the bill; and, requesting feedback on the Aggregate Recycling Promotion Act. Resolution #C-320-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item D – 12 from Sylvia Jones, MPP, Durham-Caldedon, with respect to Private Member’s Bill, Bill 56, the Aggregate Recycling Promotion Act, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report September 23, 2013 Resolution #C-321-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of September 23, 2013 be approved, with the exception of Items #8 and #13. “CARRIED” Council Meeting Minutes - 24 - September 30, 2013 Item #13 Resolution #C-322-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the Municipality of Clarington request that the Regional Municipality of Durham amend the Regional Report, regarding the Energy-from-Waste (EFW) incinerator plant, as it appears on the October 9, 2013 Regional Council Agenda, to undertake continuous sampling of mercury and continuous emission monitoring of all total particulate matter at the incinerator stack. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motion) Resolution #C-323-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-322-13 be amended by adding the following paragraph: “THAT Clarington seek a legal opinion from an environmental lawyer at a cost not to exceed $10,000 as to whether the Region’s final monitoring plan will comply with sections 3.2 and 3.3. of the Host Community Agreement and if not, what remedies Clarington can avail itself to enforce the Community Agreement.” “CARRIED 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 - 25 - September 30, 2013 Resolution #C-324-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow Mayor Foster to enter debate on emissions monitoring. “CARRIED” Councillor Neal raised a Point of Order indicating that Mayor Foster should not be taking part in debate. Mayor Foster indicated that he is entitled to speak to this matter. Resolution #C-325-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the question be now put. “CARRIED” Resolution #C-323-13 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Mayor Foster √ Item #8 Resolution #C-326-13 Moved by Councillor Traill, seconded by Councillor Neal THAT Report EGD-033-13 be received; and Council Meeting Minutes - 26 - September 30, 2013 THAT By-law 91-58 be amended to permit parking on the paved portion of the boulevard apron provided that the vehicle does not encroach on the sidewalk, or the travelled portion of the roadway. “CARRIED LATER IN THE MEETING” (See following motion) Resolution #C-327-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C-326-13 be amended to permit parking on the paved portion of the boulevard apron for a one-year time limit. “MOTION LOST” Resolution #C-326-13 was then put to a vote and 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 √ STAFF REPORT(S) Report LGL-009-13 - Letter from Martin D. Gerkes Dated August 7, 2013 Request for Amendment to Development Charges By-Law Resolution #C-328-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report LGL-009-13 be received for information. “CARRIED” UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. Council Meeting Minutes - 27 - September 30, 2013 BY-LAWS Resolution #C-329-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-080 to 2013-083 2013-080 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Lindvest Developments Ltd.) 2013-081 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (H & H Properties Inc.) 2013-082 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (2265719 Ontario Inc.) (Northglen – Phase 1) 2013-083 Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 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. OTHER BUSINESS Councillor Hooper indicated that the City of Toronto has adopted a resolution requiring all fill being transported from Toronto to undergo a complete scrutineering. CONFIRMING BY-LAW Resolution #C-330-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-084, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 30 day of September, 2013; and Council Meeting Minutes - 28 - September 30, 2013 THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-331-13 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 12:14 a.m., October 1, 2013. "CARRIED" AY Rm M ,LERK