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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