HomeMy WebLinkAbout11-18-2013
Council Meeting Minutes
NOVEMBER 18, 2013
Minutes of a regular meeting of Council held on November 18, 2013 at 7:00 p.m., in
the Council Chambers.
Councillor Hooper led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster, attended until 9:14 p.m.
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Absent: Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Facilities Manager, G. Acorn
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Corporate Initiatives Officer, C. Clifford
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Later in the meeting, Mayor Foster indicated that he would be declaring a pecuniary
interest with respect to the delegations of Steve Hennessey and Dr. Joel Goodman
and with the comments of Councillor Neal with respect to Item 5 of Report #1.
ANNOUNCEMENTS
Councillor Neal announced the following:
th
He acknowledged the 50 Anniversary of the assassination of President
John F. Kennedy on November 22, 2013, a leader who inspired him and many
men and women in both the United States and Canada to enter public life
Council Meeting Minutes - 2 - November 18, 2013
He expressed appreciation to Marven Whidden, Michelle Speelman Viney,
Sophia Wouters and Kathy Coupland, Clarington residents who served on the
Energy-From-Waste Waste Management Advisory Committee
He expressed appreciation to Council for unanimously supporting the new
transparent and open policy on Veridian appointments. He stated that one
thing that needs correction in the public record is that upon the resignation of
Councillor Novak from the Veridian Connections Board, under the current
policy she would be replaced by Mayor Foster as there is already a community
member serving on Veridian Connections being Frank Stapleton, who was
appointed to the Veridian Connections Board at the same time as
Councillor Novak
Councillor Novak announced the following:
Ground-breaking Ceremonial Sod-turning for the Green Road and CPR bridge
on November 19, 2013
Durham Multi-Faith World Religion Day on January 19, 2014, from 1:00 p.m. to
4:30 p.m. in Sunderland
URS Notice of Design and Construction Report - Advance Clearing Contract for
the Highway 401/Holt Road Interchange Detail Design project is available for a
30-day public review commencing November 14, 2013, in the Municipal Clerk’s
Department
Part-time Employment Information Night, December 12, 2013, from 6:00 p.m.
to 8:00 p.m. at the Garnet B. Rickard Recreation Complex
Courtice Christmas Tree Lighting Ceremony at White Cliffe Terrace Retirement
Residence on November 28, 2013, from 6:30 p.m. to 8:30 p.m.
First Annual Courtice Santa Clause Parade on December 1, 2013, at
12:00 noon
Councillor Partner announced the following:
She expressed appreciation to the volunteers, Members of Council and the
Charles Street Band for the success of the Newcastle Santa Claus Parade
Orono Santa Claus Parade on Saturday, November 30, 2013, starting at
10:30 a.m.
th
5 Annual Dance and Fundraiser hosted by Janice Parish and Royal Service
raised $8,420 for the Clarington East Food Bank
Santa’s Breakfast at the Newcastle Community Hall 9:00 a.m. to 12:00 p.m. on
November 30, 2013
November 19, 2013, 6:30 p.m. Newcastle Horticultural Society Pot Luck Dinner
and Annual General Meeting
November 20, 2013, Orono Rebekah’s will be hosting a Ham and Scalloped
Potato Dinner at the Rebekah Hall
November 23 and 24, 2013, “Something Unique” Craft and Artisan Show at the
Orono Town Hall
Council Meeting Minutes - 3 - November 18, 2013
Councillor Traill announced the following:
Semi-Annual Pub Night in Tyrone at the Tyrone Community Centre on
November 28, 2013, at 7:00 p.m.
She extended sincere thanks and congratulations to members of the
Bowmanville Parade Committee and residents of Bowmanville for the fantastic
Santa Claus Parade. Councillor Traill recognized Marven Whidden who started
the Facebook Page mobilizing residents to get Limba in the parade and read
quotes posted to the facebook page in support of the Zoo and expressing
appreciation to Marven Whidden
Councillor Hooper announced the following:
He extended personal congratulations to members of the Bowmanville Parade
Committee for their endurance regarding a controversial issue facing the
parade and suggested a letter of appreciation from Council be sent to the
volunteers and to the Bowmanville Zoo
He announced the following Clarington Older Adults Association (COAA)
events:
Smile Theatre, November 22, 2013
o
Scott Woods Christmas Show on November 24, 2013 at 2:00 p.m. at the
o
Newcastle Community Hall
Clarington Concert Band Christmas Concert on December 19, 2013
o
Downtown Bowmanville is hosting “Ladies Night” on November 21, 2013, from
6:00 p.m. to 10:00 p.m.
Downtown Bowmanville’s Annual Christmas Tree Lighting Ceremony on
December 6, 2013, starting at 6:30 p.m. Stores will remain open until
11:00 p.m.
Annual Sports Day at the Newcastle & District Recreation Complex on
November 30, 2013, from 1:30 p.m. to 4:30 p.m., featuring a free swim with a
non-perishable food donation from 2:00 p.m. to 4:00 p.m., badminton and
pickle ball learn how to play hosted by the Clarington Older Adult Association,
sports-themed arts and crafts with Visual Arts Centre and local artist,
Todd Tremeer, and a fitness circuit to discover your fitness level with certified
trainers
Mayor Foster announced the following:
th
37 Annual Brotherhood Night on November 19, 2013, at St. Joseph’s Catholic
Church at 6:00 p.m.
Organization of Canadian Industries Annual Conference and Dinner at the Ajax
Convention Centre on November 20, 2013, starting at 3:15 p.m.
Salvation Army Kettle Drive Kick-off at Wal-Mart on November 23, 2013, at
11:00 a.m.
Big Brothers Big Sisters of Clarington Volunteer Information Night on
November 20, 2013 from 7:00 p.m. to 8:15 p.m.
Council Meeting Minutes - 4 - November 18, 2013
Resolution #C-383-13
Moved by Councillor Traill, seconded by Councillor Partner
THAT the minutes of a regular meeting of Council November 4, 2013, be approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Peter and Jo-Ann Mian addressed Council concerning Correspondence Item D – 6 -
Forced Road Designation at 4826 Concession 6, Newtonville. Mr. Mian advised that
since forwarding correspondence to Council on November 12, 2013, they have had an
opportunity to consider some alternative options as they would like to resolve the
matter as quickly as possible. Mr. Mian stated that in addition to the proposition
submitted in their correspondence, he proposed the following alternatives: that the
Municipality of Clarington purchase the road from he and his wife at fair market value
and assume full liability for it, improving and maintaining the road to Provincial
standards and installing a fence and foliage alongside their property line for privacy, or
that the Municipality of Clarington provide an access road for the residents of
4855 Concession Road 6 from East Town Road and remove the forced road
designation from his property. Mr. Mian stated their concern from the onset has been
the liability associated with the road and their inability to maintain or control access to
it. Mr. Mian requested a follow-up meeting with Council within two weeks to resolve
the matter.
Rob MacDonald addressed Council on behalf of local residents concerning
Correspondence Item D – 6 - Forced Road Designation at 4826 Concession 6,
Newtonville. Mr. MacDonald indicated that local residents are opposed to any
proposal to close the forced road across Lot 1 at the eastern end of Concession
Road 6. He noted the forced road predates Confederation and allowed early settlers
to access the Hope/Clarke boundary and hamlet and mill at Decker’s Hollow, without
having to build bridges to cross the Ganaraska River and a small tributary saving
work, and providing a shorter route to their destination. Mr. MacDonald submitted a
petition from residents requesting the forced road at the eastern end of Concession 6
to remain open for the use of the general public. Mr. MacDonald indicated that in
previous conversations with Mrs. Mian regarding the ownership and use of the forced
road, she had stated it was their intention to have the road legally closed.
Mr. MacDonald indicated that the Municipal Solicitor has corresponded with
Mrs. Mian’s lawyer advising that the portion of Concession Road 6 that runs through
her property is a “highway” under the Municipal Act, 2001 and cannot be gated.
Council Meeting Minutes - 5 - November 18, 2013
Mr. MacDonald acknowledged Mrs. Mian’s concern for the safety of her children and
pets and the liability associated with the road but feels that they should have taken the
proximity of the dwelling to the road into account when purchasing the property and
that given the number of forced roads in the province, there must be legal safeguards
for forced road property owners. Mr. MacDonald suggested that the Mian’s could
convey the deed for the forced road to the Municipality to eliminate the liability issue.
Mr. MacDonald believes leaving the road open is sound for long-term planning as the
cost to construct a new road utilizing the road allowance would be astronomical. He
also stated that Emergency Services have used the forced road as it reduces
response times. Mr. MacDonald stated residents use this road as a thoroughfare with
very little cost being borne by the Municipality save for the annual grading and
bi-annual roadside cutting of vegetation. Mr. MacDonald provided a written copy of
his comments to Members of Council.
Joseph Sinacori addressed Council concerning Correspondence Item D – 6 - Forced
Road Designation at 4826 Concession 6, Newtonville advising that he resides at
4855 Concession Road 6 and was told prior to the Mian’s moving into the property at
4826 Concession Road 6, they were planning to close the section of Concession
Road 6 from their driveway to the East Townline Road. Mr. Sinacori stated that the
previous owner had attempted to block the road and was informed that she was not
permitted to do so. Mr. Sinacori stated that shortly after moving in, the Mians posted
signs indicating that the road would be blocked and gated by September 16, 2013,
and that he received correspondence from the Mian’s lawyer indicating that the road
would be permanently closed by October 1, 2013 and that he would have to incur the
expense of installing his own access from East Townline Road. Mr. Sinacori stated he
contacted the Municipality and the Municipal Solicitor responded to the Mian’s lawyer
indicating that they would not be allowed to gate the road. Mr. Sinacori advised that
historical fact states that the road has been open for over 150 years, it has also been
used for farming operations, there are hydro lines on the road and trucks use the road
to deliver services to their property. He noted that the Municipality also repaired a
culvert that had completely washed away during a harsh rain storm. Mr. Sinacori
stated that should the road be gated, there is a property at 4870 Concession Road 6
that would be land-locked. Mr. Sinacori cautioned Council that voting to gate the
highway would set a precedent across Ontario and could leave the Municipality open
to many legal challenges. He urged Council to cease any further action on this issue.
Mr. Sinacori provided Members of Council with a copy of his written delegation.
Sheila Hall, Clarington Board of Trade addressed Council concerning Item 5 of
Report #1 - Report EGD-039-13 - Servicing of Non-Residential Development
Opportunities, Host Community Strategic Funding Policy, Lake Road Construction –
Existing East Limit to Lambs Road. Ms. Hall introduced Ron Robinson, President,
Clarington Board of Trade who was also in attendance at tonight’s meeting. Ms. Hall
expressed appreciation to Council and staff for their efforts and support of Report
EGD-039-13 regarding the extension of Lake Road.
Council Meeting Minutes - 6 - November 18, 2013
Ms. Hall stated that through consultation with the existing businesses in the south
Bowmanville business area, it was clear that the extension of Lake Road to Bennett
Road would address many challenges for growth and functionality in the area
including safety and ease of access for truck traffic, investment attraction and will
open large parcels of serviced land. She noted the project will provide Clarington with
shovel-ready properties most investors are looking for with Highway 401 access and
visibility and a value-driven price that cannot be matched anywhere in Durham
Region, the GTA or beyond. Ms. Hall stated the support and eagerness to work
together to find solutions will go a long way to show that Clarington is open, engaged
and supportive of business growth.
Chris Bobyk, Forrest Group, addressed Council concerning Correspondence
Item D – 2 - Bowmanville High School, 105 Queen Street East – Request for
Postponement of Applications to provide an update on the status of the application
and the request for a further deferral. Mr. Bobyk indicated that further to the General
Purpose and Administration Committee meeting of October 28, 2013, when the
application was deferred to the November 25, 2013 meeting, the Ministry of the
Environment (MOE) has introduced new Ontario Noise guidelines NPC300 to facilitate
land use conversions adjacent to industrial uses by providing guidelines and solutions
suited for new development uses, existing industry and the Municipality in processing
land use changes. Mr. Bobyk indicated that he has since met with staff and they have
collectively concluded to bring an Addendum Report to the General Purpose and
Administration Committee meeting of January 20, 2014, allowing time for review and
in applying the new guidelines to the application. Mr. Bobyk stated their noise
consultant sees the guidelines as not only providing the solution they are seeking to
the noise compatibility issue but options for mitigation. He stated they are looking into
a further separation distance on the Phase 2 building but indicated the application will
need to incorporate an additional storey on the building bringing it to eight storeys to
reduce the footprint. Mr. Bobyk stated the implementation of the new guidelines will
hopefully address staff concerns and respectfully requested that Council approve the
deferral of the application to January 20, 2014.
Steve Hennessey addressed Council concerning Item 5 of Report #1 - Report EGD-
039-13 - Servicing of Non-Residential Development Opportunities, Host Community
Strategic Funding Policy, Lake Road Construction – Existing East Limit to Lambs
Road. Mr. Hennessey indicated that Dr. Joel Goodman, Vice-President, Gamma-
Dynacare and Brad Rogers, COO, Mettrum Ltd. were also in attendance this evening.
Mr. Hennessey stated that the building at 1100 Bennett Road is now 100% occupied
and requested Council to consider also including the north side of Highway 401 for
strategic investment as the two companies represented here this evening would like to
expand in the not-too-distant future.
Mayor Foster stated a declaration of pecuniary interest with respect to the delegations
of Steve Hennessey and Dr. Joel Goodman as his son works for Gamma-Dynacare,
and left the Council Chambers during discussion on this matter.
Councillor Novak chaired this portion of the meeting.
Council Meeting Minutes - 7 - November 18, 2013
Mr. Hennessey continued his delegation stating the current owner bought the property
seven months ago and it has been a great success story. He noted, however, that
they have had to turn investors away and with the state of services on the north side
of Highway 401 they will be at a standstill with expansion. Mr. Hennessey suggested
that a plan for servicing the north side of Highway 401 needs to be developed to
address the demand.
Resolution #C-384-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT the Rules of Procedure be suspended to allow for an additional delegation to be
added to the Agenda.
“CARRIED”
(Required ¾ vote)
Resolution #C-385-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT Dr. Joel Goodman be permitted to address Council concerning Item 5 of Report
#1 - Report EGD-039-13 - Servicing of Non-Residential Development Opportunities,
Host Community Strategic Funding Policy, Lake Road Construction – Existing East
Limit to Lambs Road.
“CARRIED”
Dr. Joel Goodman addressed Council advising that Gamma-Dynacare and Impact
Genetics are world-class businesses used by physicians both nationally and
worldwide for testing and reporting on very specific malignancies. Dr. Goodman
stated they currently employ 25 highly trained individuals noting their location on
Bennett Road will not provide space for any expansion when the time comes. He
indicated they are looking at joint ventures to train medical technologists but will have
to plan for the future if there is no space to expand at the current location.
Mayor Foster returned to the meeting and resumed the Chair.
Resolution #C-386-13
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
Council Meeting Minutes - 8 - November 18, 2013
The meeting resumed at 8:45 p.m. All members of Council were present with the
exception of Councillor Neal, Councillor Traill and Councillor Woo.
COMMUNICATIONS
Resolution #C-387-13
Moved by Councillor Partner, seconded by Councillor Novak
THAT the communications to be received for information be approved.
“CARRIED”
I - 1 Minutes of the Orono Arena Community Centre Board dated
October 29, 2013
I - 2 Minutes of the Bowmanville Santa Claus Parade dated September 10,
September 24, and October 22, 2013
I - 3 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising Council that on October 9, 2013,
Regional Council adopted the following resolution pertaining to Energy
From Waste (EFW) Environmental Monitoring Program Review:
“a) THAT to affirm that the existing Energy from Waste Facility
Environmental Monitoring Program meets all regulatory
requirements and exceeds Regional Council approved monitoring
plans:
i) THAT the Regional Municipality of Durham will undertake one
additional annual stack test commencing in 2015, for at least
three years;
ii) THAT the third party, independent and impartial testing agent
approved by the Commissioner of Works be retained to carry
out the additional annual stack test for the duration of the three
years;
iii) THAT an independent report of data collected and analyzed be
presented to Regional Council;
iv) THAT the Commissioner of Works approach the Region of York
for financial contributions towards this program in accordance
with the principles identified in the co-owner’s agreement;
Council Meeting Minutes - 9 - November 18, 2013
b) THAT the Regional Municipality of Durham in co-operation with the
Municipality of Clarington undertake to site and provide an
additional fixed air monitoring station for a three year period;
c) THAT following the first full year of monitoring during operations,
and subsequent to the Ministry of the Environment review of the
monitoring results, staff report back on any recommended revisions
to the Energy from Waste Facility Environmental Monitoring
Program; and
d) THAT the three motions from the Energy from Waste – Waste
Management Advisory Committee (Host Community Committee),
Municipality of Clarington and Township of Uxbridge, with respect
to additional monitoring, be received for information, with a copy of
Report No. 2013-J-26 to be forwarded to these municipalities.”
I - 4 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising Council that on October 30, 2013,
Regional Council adopted the following resolution pertaining to
Environmental Bill of Rights Registry Numbers 011-9260 – Waste
Reduction Act and 011-9262 – Waste Reduction Strategy:
“a) THAT Regional staff be directed to actively participate in all
consultations regarding Bill 91, the Waste Reduction Act, the
Waste Reduction Strategy, future related regulations and the
transition of existing programs, and to submit comments which are
consistent with the position previously endorsed by Regional
Council; and
b) THAT a copy of Report No. 2013-WR-8 of the Commissioner of
Works be forwarded to each Clerk of the local municipalities in the
Regional Municipality of Durham.”
I - 5 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, writing to the Honourable Madeleine Meilleur,
Minister of Community Safety and Correctional Services, advising that
on October 9, 2013, Regional Council adopted the following resolution
pertaining to the French Language Services Act:
“a) THAT until such time that the Regional Municipality of Durham
receives satisfactory assurances from the relevant Provincial
Ministries and agencies that the costs of designation under the
F.L.S.A. related to Provincial Services and programs will be
covered by the Province of Ontario and until that’s delivered
Regional Council not support the geographic area of Durham being
a designated area under the French Language Services Act; and
Council Meeting Minutes - 10 - November 18, 2013
b) THAT Report #2013-J-24 of the Chief Administrative Officer be
forwarded to the Minister responsible for Francophone Affairs, all
local MPPs and the eight local municipalities.”
I - 6 Randy Quammie expressing concern with the devastating economic,
health and financial impact to constituents if the French Language
Services Act is implemented; stating that as bilingualism spreads
across Canada outside of Quebec, the English speaking population,
as well as other minority language groups, will suffer loss of
employment opportunities through bilingual hiring policies and will be
excluded from being served at French service health care facilities,
community and educational centres that their tax dollars pay for.
I - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising Council that on October 30, 2013,
Regional Council adopted the following resolution pertaining to 2013
Sewer Use By-law:
“a) THAT the proposed Sewer Use By-law (Attachment No. 1 to
Report No. 2013-W-94) be approved to replace the current
By-law 43-2004 as amended;
b) THAT the Regional Solicitor prepare and/or approve as to form and
content the new Sewer Use By-law;
c) THAT the Regional Chair and Clerk be authorized to execute the
new Sewer Use By-law;
d) THAT copies of the Sewer Use By-law be forwarded to the
Regional Municipalities of Peel and York for their information; and
e) THAT copies of the Sewer Use By-law be provided to the area
municipalities in the Regional Municipality of Durham for their
information.”
I - 8 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising Council that on October 30, 2013,
Regional Council adopted the following resolution pertaining to
Quarterly Report on Planning Activities (July 1, 2013 – September 30,
2013):
“a) THAT Report #2013-P-66 of the Commissioner of Planning and
Economic Development be received for information; and
b) THAT a copy of Report #2013-P-66 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information.”
Council Meeting Minutes - 11 - November 18, 2013
I - 9 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, writing to Russ Powell, Chief Administrative
Officer, Central Lake Ontario Conservation Authority, advising that on
October 30, 2013, Regional Council adopted the following resolution
pertaining to Central Lake Ontario Conservation Authority Watershed
Plans:
“a) THAT the watershed plans for the Black/Harmony/Farewell Creek,
the Oshawa Creek and the Bowmanville/Soper Creek, be endorsed
in principle; and
b) THAT a copy of Report #2013-P-65 of the Commissioner of
Planning and Economic Development be forwarded to the Central
Lake Ontario Conservation Authority, the Ministry of Municipal
Affairs and Housing, the Municipality of Clarington, the City of
Oshawa, the Township of Scugog and the Town of Whitby.”
I - 10 Paul Webster, Traffic Supervisor, Ministry of Transportation, clarifying
the highway numbering for the dedication of the John Turner Memorial
Highway will remain as it is today, that being the southern portion
being numbered Highway 35/115, the middle portion being numbered
Highway 115 and the northern portion being numbered 7/115; and,
confirming that the entire highway from Highway 401 to Highway 7 –
Lansdowne Street will be dedicated as the “John Turner Memorial
Highway”.
I - 11 Tyler Drygas, Consultant Senior Environmental Planner, URS,
advising URS has been retained by the Ontario Ministry of
Transportation (MTO) to undertake an Advance Clearing Contract in
advance of construction of the Highway 401/Holt Road Interchange
Detail Design project; indicating the Advance Clearing Contract
includes clearing of trees and vegetation from the project site to
facilitate construction of the overall project and will be completed in
advance of the migratory bird nesting season to avoid impacts to
migratory birds; advising a Design and Construction Report (DCR) has
been prepared detailing the Advance Clearing Contract, a summary of
potential environmental effects and mitigation measures, and a
summary of the consultation undertaken throughout the project; and,
requesting it be made available for a 30-day public review from
November 14, 2013 until December 13, 2013 in the Municipal Clerk’s
office. Further information regarding the project can be obtained by
calling 905-882-4401, ext. 1758.
Council Meeting Minutes - 12 - November 18, 2013
1 – 12 Correspondence from Nicole Wellsbury, Manager of Legislative
Services/Deputy Clerk, Town of Ajax, regarding Veridian governance.
Veridian Corporation has indicated that the information contained in
the correspondence is confidential and Veridian does not have
permission to release the information and doing so could put the
Corporation at risk. The Chair, CEO, and Chair of the Governance
Committee are the only people allowed to speak on governance
matters for the Corporation.
I - 13 Director, Environmental Approvals Branch, Ministry of Transportation,
(MTO) advising that as part of the 407 East Extension Project, the
MTO has identified a portion of land owned by Ontario Power
Generation (OPG) to be used as a right-of-way for the realignment of
the South Service Road between Solina Road and Holt Road as part
of the Highway 401/Holt Road Interchange project; indicating that the
subject land forms part of Certificate of Approval No. A390319 for the
OPG Landfill; advising that Golder Associates has been retained to
complete a Section 27 Application to amend the existing Certificate of
Approval for the site on behalf of the MTO; and, forwarding a Notice of
Study Commencement advising public involvement will occur
throughout the course of the Study and that written comments should
be submitted to the Director by November 22, 2013.
Councillor Neal returned to the meeting.
CORRESPONDENCE FOR DIRECTION
Resolution #C-388-13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Items D - 1 to D - 4 be approved as per the Agenda.
“CARRIED”
D - 1 Lynda Motschenbacher requesting a nine-month extension to
building permit #10.0211 to allow for completion of a new residence
at 8535 Ormiston Road, Enfield which she and her husband are
building the single-family home completely by themselves; advising
the building permit has an expiry date of December 7, 2013, the
nine-month extension would allow them time to fulfill their conditions;
and, indicating that they anticipate occupancy of the new house by
September 2014.
(Nine month extension to Building
Permit #10.0211 for 8535 Ormiston
Road, Enfield approved, subject to
the signing of a further Letter of
Undertaking)
Council Meeting Minutes - 13 - November 18, 2013
D - 2 Chris Bobyk, Forrest Group, requesting postponement of their
application to amend the Official Plan and Zoning By-law for 105
Queen Street East from the November 25, 2013, General Purpose
and Administration Committee meeting to the January 20, 2014,
General Purpose and Administration Committee meeting to allow
time to review new Ontario Noise Guidelines NPC 300, recently
implemented by the Ministry of the Environment, and time to revisit
the Phase 2 Site Plan and possibilities to increase building set-back.
(Deferral of application to January 20,
2014, General Purpose and
Administration Committee Meeting
approved)
D - 3 Dave Neil advising he is an avid supporter of the sport of squash in
Clarington and has concerns with the information being provided to
Council with respect to the renovations for the Clarington Fitness
Centre; stating the average cost to build a squash court is
approximately $60,000 noting the staff estimate is $1.2 million; (22
times higher); expressing concern that the new proposal will close off
the squash viewing from the public and will impede the ability to
promote the sport; and, suggesting that an independent review of
Community Services Department staff work practices, spending
processes and community planning be undertaken to ensure that
Council is provided with quality estimates and that taxpayers are not
paying for over-inflated projects.
(Advised of referral of Report CSD-
010-13 to staff for a further report on
when a new Multi-use facility is going
to be built in south Bowmanville)
D - 4 Michael Coteau, Minister, Ministry of Citizenship and Immigration,
extending an invitation for Council to participate in the 2014
Volunteer Service Awards Program, a program to recognize
volunteers from all sectors for their continuous years of service in a
community organization; indicating that each organization can
nominate up to nine volunteers, three of whom must be youth;
however, if all nominees are adults, the number of nominations
remains at six; and, requesting Council to share this information with
other organizations that may be interested in recognizing their
volunteers. Nomination forms and program information are available
on the Ministry of Citizenship and Immigration website at
www.ontario.ca/honoursandawards. The deadline for nominations is
January 25 of each year.
(Correspondence referred to the
Municipal Clerk to have information
placed on the municipal website)
Council Meeting Minutes - 14 - November 18, 2013
D - 5 Michael Jacek, Senior Advisor, Association of Municipalities of
Ontario (AMO), advising of the Federation of Canadian Municipalities
(FCM) launch of their campaign “Fixing Canada’s Housing Crunch”
urging the federal government to work with provincial, territorial and
municipal leaders to develop a long-term, coordinated plan for
housing; advising that AMO supports this campaign; and, suggesting
that Ontario Municipal Council’s pass FCM’s resolution outlined
below to join the advocacy campaign:
“WHEREAS, a stable and secure housing system that creates and
maintains jobs and allows for a range of living options is essential to
attracting new workers, meeting the needs of young families and
supporting seniors and our most vulnerable citizens; and,
WHEREAS the high cost of housing is the most urgent financial
issue facing Canadians with one in four people paying more than
they can afford for housing, and mortgage debt held by Canadians
now standing at just over $1.1 trillion; and,
WHEREAS housing costs and, as the Bank of Canada notes,
household debt, are undermining Canadians’ personal financial
security, while putting our national economy at risk; and,
WHEREAS those who cannot afford to purchase a home rely on the
short supply of rental units, which is driving up rental costs and
making it hard to house workers in regions experiencing strong
economic activity; and,
WHEREAS an inadequate supply of subsidized housing for those in
need is pushing some of the most vulnerable Canadians on to the
street, while $1.7 billion annually in federal investments in social
housing have begun to expire; and,
WHEREAS the stakes are especially high for Ontario’s municipal
governments as housing responsibilities have already been
downloaded (unlike other provinces and territories) and this is not
sustainable on the property tax base; and,
WHEREAS, the Federation of Canadian Municipalities (FCM) has
launched a housing campaign, “Fixing Canada’s Housing Crunch,”
calling on the federal government to increase housing options for
Canadians and to work with all orders of government to develop a
long-term plan for Canada’s housing future; and,
WHEREAS FCM has asked its member municipalities to pass a
council resolution supporting the campaign:
Council Meeting Minutes - 15 - November 18, 2013
THEREFORE BE IT RESOLVED THAT the council endorses the
FCM housing campaign and urges the Minister of Employment and
Social Development to develop a long-term plan for housing that
puts core investments on solid ground, increases predictability,
protects Canadians from the planned expiry of $1.7 billion in social
housing agreements and ensures a healthy stock of affordable rental
housing for Canadians; and,
BE IT FURTHER RESOLVED THAT a copy of this resolution be sent
to the minister noted above, to Ontario’s Minister of Municipal Affairs
and Housing, to Erin O’Toole, MP, Durham, to the Federation of
Canadian Municipalities and to the Association of Municipalities of
Ontario.”
Resolution #C-389-13
Moved by Councillor Novak, seconded by Councillor Partner
THAT the resolution from the Federation of Canadian Municipalities (FCM),
with respect to the launch of the “Fixing Canada’s Housing Crunch” campaign,
be endorsed ‘in principle’.
“CARRIED”
D - 6 Jo-Ann and Peter Mian requesting the Municipality to remove the
Forced Road designation to their property at 4826 Concession 6,
Newtonville, due to unobstructed use of their property by local
residents who travel at excessive speeds and the associated safety
and liability concerns to them; indicating that it is their intention to
gate their driveway to eliminate those concerns; highlighting a
sequence of events concerning the purchase of their home and the
issues associated with the dirt road on their property; indicating that
there is only one local resident who currently requires the use of a
small portion of their driveway to access their property and
confirming the owner does not have a right-of-way over their
property; and, indicating that in the short-term, they propose to gate
their driveway from the east end of their property to the foot of the
existing entrance of 4855 Concession 6 and would be willing to rent
that small portion of the driveway to the residents of
4855 Concession 6 for a monthly fee to a maximum of 12 months
until they can construct their own driveway from East Townline Road.
Council Meeting Minutes - 16 - November 18, 2013
Resolution #C-390-13
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Correspondence Item D – 6 from Jo-Ann and Peter Mian, with respect to
the Forced Road designation at 4826 Concession 6, be referred to staff to deal
with the issues raised tonight.
“CARRIED”
Councillor Traill re-entered the meeting.
D - 7 Sylvia Jaspers-Fayer, Chair, Accessibility Advisory Committee
advising Council that on November 6, 2013, the Accessibility
Advisory Committee passed the following resolution pertaining to the
Ontario Building Code and is requesting Council’s consideration and
endorsement:
“WHEREAS the Building Code Act governs the construction,
renovation, demolition and change of use of buildings;
AND WHEREAS the Building Code, a regulation under the Act, sets
out technical and administrative requirements;
AND WHEREAS the Building Code requires retail stores to be
constructed with washrooms for the intended number of employees
and the public;
AND WHEREAS following occupancy, the Building Code has no
impact on policies individual retail companies may choose to
implement regarding public or customer access to these store
washrooms;
AND WHEREAS enforcement of the Act and the Building Code is a
municipal responsibility;
NOW THEREFORE BE IT RESOLVED THAT the Ministry of
Municipal Affairs and Housing be requested to amend the Ontario
Building Code Act to require individual retail companies to provide
public and customer access to the washrooms that have been
constructed as a requirement of the Building Code and to provide a
means for municipalities to enforce this requirement; and
Council Meeting Minutes - 17 - November 18, 2013
THAT this resolution be forwarded to the Premier of Ontario, the
Minister of Municipal Affairs and Housing, the Association of
Municipalities of Ontario and to the area municipalities within
Durham Region for their support.”
Resolution #C-391-13
Moved by Councillor Partner, seconded by Councillor Hooper
THAT the resolution from the Accessibility Advisory Committee, with respect to
the Ontario Building Code, be endorsed.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report November 12,
2013
Resolution #C-392-13
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of November 12,
2013 be approved, with the exception of Items #5, #8, #9, and #11.
“CARRIED”
Item #5
Resolution #C-393-13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report EGD-039-13 be received;
THAT the Municipality proceed with the extension of Lake Road from the current east
terminus to Lambs Road;
THAT the Mayor and the Municipal Clerk be authorized to sign the Subdivision
Agreement with 1029629 Ontario Inc., Montik Financial Services Inc., 1755480
Ontario Inc. and David Goodman, substantially in the form of Attachment #3 to Report
EGD-039-13, as amended by adding the following words to the end of Sections 6.3,
6.4, and 6.5 of the draft Subdivision Agreement:
“and the charge in favour of the Municipality, as created by Section 7.5 of the
Agreement.”;
Council Meeting Minutes - 18 - November 18, 2013
THAT the Municipality’s share of the project in the amount of $1,300,000 be funded
from the Development Charges Roads and Related Reserve Fund;
THAT the land owner’s share of the project in the amount of $770,000 be funded from
the Strategic Capital Reserve Fund; and
THAT Staff be authorized to proceed with the preparation of the design and reports to
get required approvals necessary to proceed with the construction of the Lake Road
extension in 2014.
“CARRIED LATER IN THE MEETING”
Mayor Foster stated a declaration of pecuniary interest with respect to the comments
of Councillor Neal regarding Report EGD-039-13 as they relate to the north side of
Highway 401, as his son works for Gamma-Dynacare, and left the Council Chambers
during discussion and voting on this matter.
Councillor Novak chaired this portion of the meeting.
Resolution #C-393-13 was then put to a vote and “CARRIED ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Hooper
Councillor Neal
Councillor Partner
Councillor Traill
Councillor Woo
Mayor Foster
Councillor Novak
Mayor Foster returned to the meeting and resumed the chair.
Item #8
Resolution #C-394-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report COD-028-13 be received;
THAT Council review and endorse Revised Policy F2, Media Relations, (Attachment 2
of Report COD-028-13) as amended as follows:
Add the following words at the end of Section 1, under Spokespersons:
Council Meeting Minutes - 19 - November 18, 2013
“The Mayor or Deputy Mayor, if speaking on behalf of the Municipality,
shall reflect the formal position of the Municipality of Clarington.”;
Add the following words at the end of the last sentence of Section 2, under
Spokespersons:
“if speaking on behalf of the Municipality of Clarington.”; and
Add the following words to Section 3, 4 and 5, under Spokespersons:
“That, when speaking on behalf of the Municipality of Clarington, the
[Spokesperson] shall reflect the formal position of the Municipality of
Clarington.”
; and
THAT the policy be made available to all municipal employees through the Municipal
intranet and departmental staff meetings.
“CARRIED”
Item #9
Resolution #C-395-13
Moved by Councillor Traill, seconded by Councillor Partner
WHEREAS the Bowmanville Zoo was founded in 1919 and is the oldest privately
owned zoo in North America;
AND WHEREAS the Bowmanville Zoo has been a fixture not only in the Town of
Bowmanville but under the ownership of the Connell family has had national exposure
on the Uncle Bobby Show and bred and sold animals such as the Vietnamese pot
bellied pigs and llamas to personalities such as Michael Jackson;
AND WHEREAS since the late 1980’s under the ownership of the Hackenberger
family, the Bowmanville Zoo has continued to provide a fun and educational
experience, to instill a sense of wonder and responsibility so that visitors gain
information and knowledge and go away better informed and inspired;
AND WHEREAS the Bowmanville Zoo has supplied animals to events such as the
Terry Fox Bowmanville Run Site and to feature films such as the Academy Award
winning film, Life of Pi;
AND WHEREAS the Bowmanville Zoo has been an animal refuge for abandoned or
mistreated exotic animals;
AND WHEREAS the Bowmanville Zoo is an accredited and a member of Canada's
Accredited Zoos and Aquariums (CAZA) and World Association of Zoos and
Aquariums (WAZA);
Council Meeting Minutes - 20 - November 18, 2013
NOW THEREFORE BE IT RESOLVED THAT the Mayor and Council of the
Municipality of Clarington recognize and congratulate the Bowmanville Zoo for its
promotion and preservation of the health and safety of the animals under its care; and
THAT the Mayor and Council commend the Zoo for its educational efforts which
promote better public understanding of the interaction between the animal world,
human beings and the environment.
“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
Item #11
Resolution #C-396-13
Moved by Councillor Traill, seconded by Councillor Hooper
THAT the Clarington Leash Free Dog Park be renamed to the Dave Boyd Memorial
Dog Park; and
THAT appropriate signage be placed within the park to acknowledge all of the
volunteers who worked to bring the park to a reality.
“CARRIED”
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
UNFINISHED BUSINESS
Mayor Foster stated a declaration of pecuniary interest with respect to the delegations
of Steve Hennessey and Dr. Joel Goodman as his son works for Gamma-Dynacare,
and left the Council Chambers during discussion and voting on this matter.
Councillor Novak chaired this portion of the meeting.
Council Meeting Minutes - 21 - November 18, 2013
Resolution #C-397-13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the delegations of Steve Hennessey and Dr. Joel Goodman be received with
thanks; and
THAT staff be requested to report back on options for servicing the technology park.
“MOTION WITHDRAWN”
Mayor Foster returned to the meeting and resumed the Chair.
BY-LAWS
There were no By-laws introduced under this Section of the Agenda.
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
There was no Other Business introduced under this Section of the Agenda.
Mayor Foster stated a pecuniary interest earlier in the meeting, refrained from voting
on the Confirming By-law and left the meeting.
Councillor Novak chaired the remainder of the meeting.
CONFIRMING BY-LAW
Resolution #C-398-13
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-law 2013-099, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 18 day of November, 2013; and
THAT the said by-law be approved.
“CARRIED”
Council Meeting Minutes - 22 - November 18, 2013
ADJOURNMENT
Resolution #C-399-13
Moved by Councillor Partner, seconded by Councillor Hooper
THAT the meeting adjourn at 9:14 p.m.
"CARRIED"
AYO U CLERK