Loading...
HomeMy WebLinkAbout11-04-2013 'An I.eucting the�9a} Council Meeting Minutes NOVEMBER 4, 2013 Minutes of a regular meeting of Council held on November 4, 2013 at 7:00 p.m., in the Council Chambers. Councillor Woo 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 Present: Chief Administrative Officer, F. Wu Manager of Infrastructure, R. Albright Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Deputy Treasurer, L. Gordon Director of Corporate Services and Human Resources, M. Marano 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 Woo announced the following: • On October 31, 2013, approximately 80 students and residents of the Port of Newcastle collected 150 bags of food for the Clarington East Food Bank. The food drive was sponsored by Palmieri's No Frills, Specialty Wealth and Tim Norton's Newcastle • On November 3, 2013, the Newcastle United Church kicked off their 190th Anniversary Celebrations with a Roast Beef Dinner Council Meeting Minutes - 2 - November 4, 2013 • Palmieri's No Frills will be celebrating their 1St Anniversary with a barbeque on November 9, 10 and 11, 2013, with support from the Newcastle Lions Club and will be collecting food for the Clarington East Food Bank Councillor Hooper announced the following: • On November 1, 2013, he represented the Municipality at the Clarington Central Secondary School Graduation Ceremonies • Bowmanville Remembrance Day Service hosted by Branch 178 of the Royal Canadian Legion on November 11, 2013, at the cenotaph at 10:30 a.m. • Remembrance Day Service at Kingsway Arms on November 11, 2013 in the afternoon • Bowmanville Santa Claus Parade on Saturday, November 16, 2013, starting at 10:30 a.m. • Clarington Older Adult Association Events: • Remembrance Day Luncheon on November 5, 2013, with the Royal Canadian Legion Branch 178 Colour Party at 11:30 a.m. • November 9, 2013, Euchre Extravaganza • Scott Woods Christmas Concert Tour on November 24, 2013 at the Newcastle Community Hall • "Showcase of the Arts" on November 28, 2013, at 7:00 p.m. • November 2, 2013, he attended the Church Bazaar in Hampton • November 22 and 23, 2013, Hampton United Church is presenting an exhibit of over 150 Nativity Scenes from around the world Councillor Novak announced the following: • Mayor Foster and Regional Councillor Chapman are participating in the "Movember" fundraising event in support of men's health programs • Priority Green Clarington 2013 Symposium "Setting the Foundation for Building Liveable Neighbourhoods" held at the Courtice Complex on October 31, 2013 was well attended • Durham Art of Transition Creative Awards on Friday, November 8, 2013 at the Robert McLaughlin Gallery at 6:30 p.m. • Annual Christmas Tree Lighting Ceremony at Whitecliffe Retirement Residence on November 28, 2013, 6:30 p.m. - 8:30 p.m. • 1 st Annual Courtice Santa Claus Parade on December 1, 2013, starting at 12:00 noon • Bowmanville Hospital Remembrance Day Service at 1:00 p.m. on November 11, 2013 • Remembrance Day Service at Whitecliffe Retirement Residence, November 11, 2013, at 11:00 a.m. • Armistice Dinner on Saturday, November 9, 2013 • Information and Networking Seminar on November 8, 2013, from 7:45 a.m. to 11:30 a.m. at Regional Headquarters Council Meeting Minutes - 3 - November 4, 2013 Councillor Partner announced the following: • After 100 years, the trowel used to lay the cornerstone of the Orono Armoury 100 years ago will be presented back to the Orono Armoury by Mayor Foster following the Orono Remembrance Day Service on November 10, 2013 • Remembrance Day Services will be held on November 9, 2013, at 10:30 a.m. in Newtonville, on November 10, 2013, at 1:15 p.m. in Orono and on November 11, 2013 at 11:00 a.m. in Newcastle • November 15, 2013, 3rd Annual Jackie Kent Extravaganza, hosted by Joan Kimball of the Village Card and Gift Shop, with proceeds in support of the Newcastle Community Hall Fund • November 16, 2013, 5th Annual Dance and Fundraiser hosted by Janice Parish and Royal Service in support of the Clarington East Food Bank • November 17, 2013, Santa Claus Parade in Newcastle starting at 5:30 p.m. • November 30, 2013, Orono Santa Claus Parade, starting at 10:30 a.m. Councillor Traill announced that on Saturday, November 9, 2013, St. Joseph's Parish will be holding their Annual Christmas Bazaar. Mayor Foster announced the following: • On Thursday, November 7, 2013, the Clarington Board of Trade will be hosting the Annual Energy Summit at the new Ontario Power Generation Energy Complex at 8:30 a.m. • November 5, 2013, Membership Appreciation Night at the Clarington Board of Trade office from 5:00 p.m. to 7:00 p.m. • November 6, 2013, "Take Your Kids to Work Day" • November 7, 2013, Mary Ann Found will be presented with the 2013 Women in Excellence Award at the Royal Agricultural Fair • The Honourable Jeff Leal visited Algoma Orchards today • On October 31, 2013, Durham Mayors and the Regional Chair met with the Minister of Energy and the Premier regarding the new build/refurbishment at the Darlington Nuclear Generating Station Resolution #C-360-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council October 21, 2013, be approved. "CARRIED" Council Meeting Minutes - 4 - November 4, 2013 PRESENTATIONS Michael Patrick, Chair, Sustainable Clarington Community Advisory Committee, addressed Council to present the Committee's Task 1 and 2 Report. Mr. Patrick indicated the Committee was formed to advise Council on matters of sustainability and was given a concise Terms of Reference and assigned a very specific task. Mr. Patrick stated the Committee is comprised of Clarington residents Neil Allin, Mike Dymarski, Suzanne Elston, Vice-Chair, Allan Hewitt, Lorraine Jones, Kerry Meydam, Kira Nowick (Student Representative), Mayor Foster and Councillor Hooper, Ex Officio, non voting members and Curry Clifford, staff liaison. Mr. Patrick reviewed the Committee process in completing Task 1 —to assess the 58 suggestions of the Green Community Strategy as to their suitability, feasibility and acceptability and to prioritize. He noted that from this review which included meeting with as many people as possible in the community who were involved in the activities, and evaluating responses to ten questions which had been provided in advance to each group, eight suggestions were identified as being the most sustainable, feasible and acceptable. The Committee then came up with the following list of what they felt should be Council's top priorities: • improving communication about existing sustainability programs to Clarington residents and businesses • developing and promoting trails & paths — active and healthy modes of transportation • encouraging energy and water efficiency in new and existing developments and neighbourhoods • educating the business community on the benefits of sustainability • fostering the expanded use of current and new community gardens • protecting the health of municipal employees and residents using municipal facilities by reducing or eliminating the use of certain chemical products in those municipal facilities; and • expanding the planning, maintenance and care of native species of plants on public lands and educating the community about native species and urban ecosystems Mr. Patrick stated as mandated by Council in Step 2, the Committee was requested to describe the current actions to implement the suggestions and to suggest steps to best implement the highest priority items. Mr. Patrick summarized sustainability efforts currently in progress in the Municipality acknowledging that significant effort has been placed on those priorities; however, the approach needed to be simplified by improving communication, coordination and funding. Mr. Patrick reviewed the Committee's recommendations to Council as follows: • to provide sufficient funds and staff in the 2014 Budget to enable Clarington residents and businesses to easily get information on living and doing business in sustainable ways Council Meeting Minutes - 5 - November 4, 2013 • by the end of the first quarter 2014, ask each Municipal Department, the Regional Municipality of Durham and Veridian Connections to identify and recommend actions to improve coordination in their area of responsibility for the applicable priority items identified in Task 1; and • by the end of the second Quarter 2014, ask each Municipal Department, the Regional Municipality of Durham and Veridian Connections to identify the expenditures required, source of funding and timeframe for implementation in their areas of responsibility for the applicable priority items identified in Task 1. On behalf of the Committee, Mr. Patrick thanked Council for the opportunity to contribute to the sustainability direction in the Municipality. DELEGATIONS There were no delegations scheduled for this meeting. COMMUNICATIONS Resolution #C-361-13 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 - 6 and I - 8. "CARRIED" I - 1 Minutes of the Central Lake Ontario Conservation Authority dated October 22, 2013 1 - 2 Minutes of the Clarington Heritage Committee dated October 15, 2013 1 - 3 Minutes of the Agricultural Advisory Committee of Clarington dated October 10, 2013 1 - 4 Minutes of the Clarington Safe Communities Advisory Committee dated October 17, 2013 Council Meeting Minutes - 6 - November 4, 2013 1 - 5 Debra Nicholson, Local Area Manager— Durham, Canada Post, responding to Council's correspondence of October 3, 2013, regarding the potential change in service hours at the Orono Post Office; advising of the decline of stamp purchases, visits to the post office every year and lettermail volumes and the impact on Canada Posts' financial situation; indicating that Canada Post is going through a major transformation to meet the rapidly changing needs of Canadians to be financially sustainable and to stay relevant; and, assuring Council that Canada Post remains committed to providing postal services in Orono and if changes are made, they will be sure to take the needs of their customers into consideration. A subsequent letter has been received from Debra Nicholson indicating that following the review of customer traffic patterns at the Orono Post Office, Canada Post will no longer offer Saturday retail service as of December 2, 3013 but will continue to offer full access to postal services on weekdays as follows: Monday, Tuesday, Wednesday and Friday— 9:00 a.m. to 5:00 p.m. Thursday, 9:00 a.m. to 6:30 p.m. 1 - 7 Darlene Bastianelli, Executive Director and Andrea Russell, Chief Development Officer, Bowmanville Hospital Foundation, expressing appreciation to Mayor Foster for attending the Bowmanville Hospital Foundation's 27th Annual Harvest Ball, "A Night of a Thousand Stars"; thanking all sponsors, donors and volunteers for their valuable contribution to the success of this year's Harvest Ball which raised $48,272 that will help purchase a new SLT Laser for the Eye Centre at Lakeridge Health Bowmanville; and, advising the 28th Annual Harvest Ball will take place on October 24, 2014. 1 - 6 Agatha Garcia-Wright, Director, Environmental Approvals Branch, Ministry of the Environment, responding to Council's correspondence of October 1, 2013, concerning the impact of sulphur dioxide emissions from the St. Mary's Cement Plant in Bowmanville on the Minister's decision to approve the amended Environmental Assessment (EA) for the Durham/York Residual Waste study; clarifying that as part of the preparation of the EA, the Regions of Durham and York carried out a Human Health and Ecological Risk Assessment (HHERA) to evaluate potential adverse health impacts from the contaminants released to the air, land and water from the Energy-from Waste facility and established an inventory of existing industrial pollution sources within a 20 kilometre radius of the facility; indicating that emissions data compiled from Canada's National Pollutant Release Inventory for 2007 shows that the St. Mary's Cement Plant in Bowmanville reported a release of 3743 tonnes of Sulphur Dioxide and the HHERA used this total in establishing the existing air quality conditions of the environmental assessment study area against which the potential impacts from the Energy-from-Waste facility would be assessed; and, advising that in making a decision to approve the amended EA, the Minister Council Meeting Minutes - 7 - November 4, 2013 considered the conclusions of the Human Health and Ecological Risk Assessment. Resolution #C-362-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Municipality respond to the Environmental Approvals Branch requesting that an updated Human Health and Ecological Risk Assessment be conducted using the actual 2012 and 2013 emissions levels of sulphur dioxide from St. Marys Cement as the background. "MOTION WITHDRAWN LATER IN THE MEETING" Resolution #C-363-13 Moved by Councillor Novak, seconded by Councillor Partner THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. "CARRIED" The meeting reconvened in open session at 8:01 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. Councillor Neal withdrew Resolution #C-362-13. Council Meeting Minutes - 8 - November 4, 2013 Resolution #C-364-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the issue of whether Council can request an updated Human Health and Ecological Risk Assessment (HHERA) from the Ministry of the Environment to be carried out by Durham and York Regions based on the 2012 St. Marys Cement's sulphur dioxide levels be referred to an independent Environmental Lawyer for an opinion with a budget of up to $5,000. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill Councillor Woo Councillor Hooper Councillor Neal V/ Councillor Novak ✓ Councillor Partner Mayor Foster I V/ 1 - 8 Ron Robinson, President, Clarington Board of Trade and Office of Economic Development (CBOT), writing to The Honourable Kathleen Wynne, Premier of Ontario, advising that CBOT has been an active participant in Ontario's Long Term Energy Review and an educated voice on the energy file as it relates to economic development opportunities; advising that a great deal of work and investment has gone into the new/replacement reactors at the Darlington Nuclear Generating Station and that CBOT's recommendation would be for the new/replacement reactors at Darlington to remain in the Long Term Energy Plan showing flexibility for the timing of construction relative to demand; indicating that in order to co- ordinate these two projects to ensure Ontario's economic engine remains stable, the Long Term Energy Plan must look at long term solutions and lead times to bring new power on line on time and that CBOT is pleased to see that the refurbishment of the existing units will remain an important part of the plan; and, advising that CBOT is committed to being an educated, strategic and vocal participant on the energy file. Council Meeting Minutes - 9 - November 4, 2013 Resolution #C-365-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence Item I — 8, from Ron Robinson, President, Clarington Board of Trade and Office of Economic Development (CBOT), with respect to new/replacement reactors at Darlington Nuclear Generating Station, be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-366-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 6 be approved as per the Agenda, with the exception of Items D - 3 and D - 4. "CARRIED" D - 1 Lisa Roy, Orono Santa Claus Parade Chair, requesting permission to hold the 2nd Annual Orono Santa Claus Parade on November 30, 2013, commencing at 10:30 a.m. and indicating the parade will begin at the intersection of Mill Lane and Mill Street, parade down Mill Street, Station Street and Princess Street to disband at the Orono Fair Grounds. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Steven Davidson, Deputy Minister, Ministry of Tourism, Culture and Sport, advising of the 2014 Premier's Awards for Excellence in the Arts, an award to recognize artists and arts organizations for their outstanding achievements and contributions to the community and local economies; and, indicating that each year finalists are selected by an Ontario Arts Council (OAC) Jury and that two awards are presented — one to an artist in the amount of $35,000 and one to an arts organization in the amount of $50,000. Program details and nomination forms are available on the Ontario Arts Council website and the nomination deadline is December 2, 2013. (Correspondence forwarded to the Visual Arts Centre and to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 10 - November 4, 2013 D - 5 Ted Watson, Chair, Agricultural Advisory Committee of Clarington, requesting permission to hold the Farmers Parade of Lights on December 4, 2013. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 6 Jayme Harper, PFLAG Canada Durham Region, requesting November 20, 2013, be proclaimed "TDoR —Trans Day of Remembrance", to raise awareness of hate crimes against transgender people and to mourn and honour the lives of those who might otherwise be forgotten. (Proclaimed) D - 3 Marie Sforza requesting an extension of the use of temporary living quarters at 51 Bradley Boulevard, Hampton. The property is currently under construction under Building Permit No. 13.0449, issued July 11, 2013. Resolution #C-367-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT a six month extension to Building Permit #13.0449 for 51 Bradley Boulevard, Hampton, be approved subject to the signing of a further Letter of Undertaking. "CARRIED" D - 4 George Franklin writing further to staff's response regarding Trulls Road noise and traffic counts; requesting the traffic study to be performed as planned in the spring of 2014 also include an additional sound study, that written evidence be provided whereby it was stipulated that the outdoor amenity area of lots 1 to 13 on Vivian Drive were located in the front yard and/or veranda of the lot; and, submitting a petition from Vivian Drive residents lots 1 to 13 that an acoustic fence be the most logical barrier to improve noise reduction and that the fence be the maximum height in accordance with the by-law requirements. Resolution #C-368-13 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Item D —4 from George Franklin with respect to Trulls Road noise and traffic counts, be referred to staff for a report back to the Council meeting of December 2, 2013. "CARRIED" Council Meeting Minutes - 11 - November 4, 2013 D - 7 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW) advising that next year the Federal government will look at how it handles public postal service with a review of the Canadian Postal Service Charter and has been holding consultations on the future of our public postal service to prepare for the upcoming charter review; indicating that the Corporation has been clear in that it wants to dramatically cut service to improve its financial situation; advising the Corporation has other options according to a new study by the Canadian Centre for Policy Alternatives (CCPA) entitled "Why Canada Needs Postal Banking", a case for preserving postal services and improving Canada Post's financial picture through the addition of financial and banking services; indicating that the full report is available at http://www.policyalternatives.ca/publications /reports/why-canada-needs-postal-banking; and, requesting Council to consider adopting the following two resolutions: 1. "WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014 WHEREAS Canada Post is preparing for the review by campaigning for major service cuts WHEREAS Canada Post has already dramatically cut service by closing or downsizing public post offices, eliminating rural mailbox delivery and removing street letter collection boxes WHEREAS Canada Post and the federal government should do everything in its power to prevent additional cuts during the upcoming review, and instead deal with financial issues by adding revenue- generating services like many other post offices around the world, including lucrative financial services like bill payments, insurance and banking BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Minister responsible for Canada Post to request that the government consider innovative ways to generate postal revenue during the Charter review, including financial services like bill payments, insurance and banking." 2. "WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014 WHEREAS the public has a right to have input on matters involving its publicly owned post office Council Meeting Minutes - 12 - . November 4, 2013 WHEREAS the current Charter has a number of serious problems that need fixing WHEREAS the government could use the Charter review to reduce our public post office's obligation to provide service (instead of improving the Charter) and even lay the groundwork for privatizing or deregulating Canada Post BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Minister responsible for Canada Post to request 1) that the upcoming review of the Canadian Postal Service Charter be open to public input and 2) that the Charter be improved by: • Ensuring that the moratorium on post office closures in small and rural communities protects the public nature of post offices • Eliminating the exceptions to the moratorium • Extending the consultation process over possible closures and making the process and moratorium more transparent • Establishing an independent Canada Post ombudsperson to report on Canada Post's performance in meeting Charter expectations • Establishing a reasonable, uniform and democratic process for making changes to the postal and delivery network (closures, downsizing, removal of rural mailboxes, etc), but only after consultation with the public and other stakeholders." Resolution #C-369-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the resolutions from Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW), with respect to the Canadian Postal Service Charter Review and Improvement, be endorsed. "CARRIED" D - 8 Dave Bryans, CEO, Ontario Convenience Stores Association, (OCSA) requesting Council to consider adopting the following resolution to lend support to convenience stores in their fight against 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; Council Meeting Minutes - 13 - November 4, 2013 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 the Municipality of Clarington write a letter to the Ontario Minister of Finance in support of the Ontario Government's 2012 and 2013 Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions through amendments to the Tobacco Tax Act. Particularly, in support of the following proposed measures: ® increased fines for those convicted of offenses related to contraband tobacco; A more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; ® drawing on the 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; ® strengthening provisions to improve the Tobacco Tax Act in meeting the government's commitments. 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. AND THAT a copy of this motion be forwarded to the Association of Municipalities of Ontario (AMO). Resolution #C-370-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from Dave Bryans, CEO, Ontario Convenience Stores Association, (OCSA), with respect to the fight against contraband tobacco, be endorsed. "CARRIED" Council Meeting Minutes - 14 - November 4, 2013 D - 9 Donna L. McLarty, Town Clerk, Town of Richmond Hill, advising Council that on September 23, 2013, the Town of Richmond Hill adopted the following resolution pertaining to Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety "Working Group Communique": "WHEREAS the Town of Richmond Hill has a long history of rail systems coexisting with our commercial, residential, agricultural and industrial communities; and WHEREAS it is the belief of Richmond Hill Town Council that our first responders should have all available information about rail cargo to provide for their own safety and that of the communities they serve; and WHEREAS rail safety is a matter for all communities across Canada; and WHEREAS the Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety Working Group has produced communique endorsing three key principles of rail safety, including the following areas: 1. Equip and support municipal first responders to rail emergencies; 2. Ensure federal and industry policies and regulations address the rail safety concerns of municipalities; 3. Prevent downloading of rail safety and emergency response costs to local taxpayers. THEREFORE BE IT RESOLVED THAT the Town of Richmond Hill endorse the FCM National Municipal Rail Safety "Working Group communique", and support the FCM's call on the Federal Government to provide municipalities with adequate information on the dangerous goods that are being transported through their communities and further instruct the Clerk to communicate this resolution to FCM and to the Councils of all GTHA municipalities so that they may do the same; and FURTHER, the Clerk communicate the endorsement of the FCM National Municipal Rail Safety Working Group communique and support for FCM's call on the Federal Government to provide municipalities with adequate information on the Transport of the dangerous goods through their communities, to the Prime Minister of Canada and the Federal Minister of Transport and Members of Parliament representing Richmond Hill and Oak Ridges-Markham." Council Meeting Minutes - 15 - November 4, 2013 Resolution #C-371-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Town of Richmond Hill, with respect to the Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety "Working Group Communique", be endorsed "in principle". "CARRIED" D - 10 Donna L. McLarty, Town Clerk, Town of Richmond Hill, advising Council that on October 15, 2013, the Town of Richmond Hill adopted the following resolution pertaining to freedom of expression and religion in public places in Ontario: "WHEREAS the Town of Richmond Hill has a long history of diversity and religious inclusivity and acceptance; WHEREAS it is the belief of Richmond Hill Council that municipalities play an important role as an order of government in the development of Ontario's reputation as a free and open, pluralistic society; WHEREAS on September 19, 2013 the Ontario Legislature unanimously endorsed York Centre MPP Monte Kwinter's motion `That, in the opinion of this House, the Government of Ontario should oppose any legislation that would restrict or prohibit people's freedom of expression and religion in public places and affirm that Ontario greatly values our diverse population and the social, cultural and economic contributions they make to help our society thrive'; THEREFORE BE IT RESOLVED THAT the Town of Richmond Hill endorse the motion above and further instruct the Clerk to communicate this to the Councils of all GTHA municipalities and to the Association of Municipalities of Ontario so that they may do the same; FURTHER, that the Clerk communicate the endorsement to all provincial first ministers including the Prime Minister of Canada." Resolution #C-372-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from Donna L. McLarty, Town Clerk, Town of Richmond Hill, with respect to freedom of expression and religion in public places in Ontario, be endorsed. "CARRIED" Council Meeting Minutes - 16 - November 4, 2013 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report October 28, 2013 Resolution #C-373-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of October 28, 2013 be approved, with the exception of Item #10. "CARRIED" Item #10 Resolution #C-374-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Addendum to Report CLD-027-13 be received; THAT Report CLD-027-13 be received; THAT the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards, as outlined in Attachment No. 2 to Addendum to Report CLD-027-13, be approved with the following amendments: • Section 2.1 c) — Replace the words "Inaugural Meeting of Council" with the words "first General Purpose and Administration Committee meeting". • Section 2.1 d) — Replace the words "Inaugural Meeting of Council" with the words "first General Purpose and Administration Committee meeting". • Section 2.1 d) i) c) —Add the following wording at the end of this section: "The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has submitted their name to the Municipality for consideration on or before the publication of the Agenda for the first General Purpose and Administration Committee." Council Meeting Minutes - 17 - November 4, 2013 • Section 2.1 d) ii) a) — Replace this section with the following wording: "Either (i) the Mayor provided that the Mayor is sitting on the Veridian Corporation Board; or (ii) the Mayor's Designate if the Mayor does not sit on the Veridian Corporation Board; or (iii) the Member of Council who is nominated to the Veridian Corporation Board of Directors; and" • Section 2.2 — Change the title from "Replacement of Directors" to "Replacement or Resignation of Directors". • Section 2.2.1.2,b) — Replace this section with the following wording: "In the event of a replacement or if a director resigns, the Municipal Clerk shall request Veridian to undertake their process as outlined in subsection 2.1 a) to seek applications to fill the vacancy and make recommendations to Council for Clarington's nominee to the Veridian Corporation Board of Directors, and it shall be advertised on the Municipality's web site." • Section 2.2.1.2 c) — In the first sentence, replace the word "Council" with "General Purpose and Administration Committee". • Section 2.2.2. — Delete the following sentence: "While, as noted earlier, the Veridian Corporation Board is not obliged to appoint the nominees put forward by the Municipality to the Board of Directors of Veridian Connections Inc., every attempt will be made to work with Veridian to implement the following process:" • Section 2.2.2. b) — Replace this section with the following wording: "The Municipal Clerk will advise Veridian Corporation of Council's decision. If the director requested to be removed is the non-elected director, or if there is a resignation, the Municipal Clerk will also request Veridian to commence their process as outlined in subsection 2.1 a), and it shall be advertised on the Municipality's web site to seek applications to fill the vacancy and allow Clarington Council the opportunity to nominate the candidate for the director position." • Section 2.2.2.2. a) — Replace this section with the following wording: "Upon notification that the director has been removed or resigned, and receipt of the report from the Veridian Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, as well as any applicants who have submitted their applications directly to the Municipality on or before the publication of the General Purpose and Administration Committee meeting Council Meeting Minutes - 18 - November 4, 2013 Agenda during which the nominations will be made, the Municipal Clerk's Department will include it on the next regularly scheduled General Purpose and Administration Committee meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By-law." and THAT all interested parties listed in Addendum to Report CLD-027-13 be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal ✓ Councillor Novak V/ Councillor Partner I/ Councillor Trail[ V/ Councillor Woo Councillor Hooper Mayor Foster V/ STAFF REPORT(S) Report COD-026-13 - Tender CL2013-26, Green Road & CPR Grade Separation Resolution #C-375-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-026-13 be received; THAT Toronto Zenith Contracting Ltd., Concord, Ontario, with a total bid in the amount of$4,708,747.60 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2013-26 be awarded the contract for Green Road and CPR Grade Separation, as required by the Municipality of Clarington, Engineering Department; Council Meeting Minutes - 19 - November 4, 2013 THAT the funds required in the amount of $7,352,400.00 (which includes $4,708,747.60 for tendering, design, contract administration, material testing, contingencies and net HST) be drawn from the following Engineering Department Capital Accounts: Accounts: 110-32-330-83421-7401(Debenture Proceeds)................................$6,388,600.00 CPR Contribution ............................................................................... $963,800.00 Total funds required .........................................................................$7,352,400.00 THAT Council express its intent to fund this project, including debenture repayments and financing to the maximum extent allowable from future development charges; THAT the Director of Finance/Treasurer be authorized to make application to the Region of Durham for a debenture in the approximate amount of$6,400,000.00 plus debenture costs to finance Clarington's share of the total cost of the Green Road and CPR Grade Separation project, such terms at the discretion of the Director of Finance. THAT the Mayor and Clerk be authorized to execute the necessary agreement. THAT the By-law attached to Report COD-026-13 marked Schedule "A" be approved to authorize the debenturing required. "CARRIED" UNFINISHED BUSINESS Resolution #C-376-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the presentation by Michael Patrick, Chair, Sustainable Clarington Community Advisory Committee, be received with thanks; and THAT Council express appreciation to the Committee members for their efforts on behalf of the Municipality. "CARRIED" BY-LAWS By-law 2013-097 was received as a Hand-out. Council Meeting Minutes - 20 - November 4, 2013 Resolution #C-377-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-094 to 2013-097 2013-094 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Claret Investments Ltd. & 1361189 Ontario Limited) 2013-095 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (562503 Ontario Limited) 2013-096 Being a By-law to amend Schedule "A" to By-law No. 2009-163 (Code of Conduct— Members of Council) 2013-097 Being a By-law to authorize the debenturing of approximately $6,400,000 plus debenture costs to assist in the construction of the Green Road and CPR Grade Separation 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 Resolution #C-378-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow for a motion to be introduced regarding changing the colour of the outside lights at the Municipal Administrative Centre. "CARRIED" (Required 3/ vote) Council Meeting Minutes - 21 - November 4, 2013 Resolution #C-379-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the matter of changing the outside lights at the Municipal Administrative Centre to blue on November 14, 2013, in support of those persons living with diabetes, be referred to staff to determine if this is possible, and if so that it be done. "CARRIED" Councillor Hooper expressed appreciation to staff involved in the Priority Green Symposium, held on October 31, 2013. Resolution #C-380-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow for a motion to be introduced regarding the Bowmanville Zoo. "MOTION LOST" (Required 3/ vote) Councillor Woo was advised to raise the matter at the next General Purpose and Administration Committee meeting. CONFIRMING BY-LAW Resolution #C-381-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-098, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4th day of November, 2013; and THAT the said by-law be approved. "CARRIED" Council Meeting Minutes - 22 - November 4, 2013 ADJOURNMENT Resolution #C-382-13 Moved by Councillor Partner, seconded by Councillor Novak THAT the meeting adjourn at 8:49 p.m. "CARRIED" MAYOR AL CLERK