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HomeMy WebLinkAbout12-16-2013 Adopted as Amended Adopted as Amended Council Meeting Minutes DECEMBER 16, 2013 Minutes of a regular meeting of Council held on December 16, 2013 at 7:00 p.m., in the Council Chambers. Councillor Novak 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 Facilities Manager, G. Acorn, attended at 8:25 p.m. until 9:06 p.m. 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 Councillor Neal indicated that he would be declaring a perceived pecuniary interest with respect to Hand-out Correspondence Item D - 11 and Item 10 of Report #1. Later in the meeting, Councillor Neal declared a perceived pecuniary interest with respect to Resolutions #C-418-13 and #C-419-19. Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item 5 of Report #1. Council Meeting Minutes - 2 - December 16, 2013 ANNOUNCEMENTS Councillor Woo announced the following:  Toy and Food Drive on December 17, 2013, from 4:00 p.m. to 10:30 p.m. at the Newcastle Memorial Arena sponsored by the Newcastle Midget AE Team  Free Skate on December 23 and December 30, 2013, from 1:00 p.m. to 2:00 p.m. at the Newcastle Memorial Arena sponsored by Tim Horton’s Newcastle  th 14 Annual Clarington Polar Bear Swim on January 1, 2014, 2:00 p.m. at the Newcastle waterfront in support of organ and tissue donor awareness Councillor Hooper announced the following:  Grand opening of the Valleys 2000 Bowmanville Fish By-Pass on December 16, 2013. He paid tribute to Frank Lockhart, Al Strike, Harold Hammond, Erin O’Toole, and the Bowmanville Fish & Anglers’ Association. Erin O’Toole presented Harold Hammond and Dave Lawson with commemorative medals for their work on the project  Clarington Library Winter 2014 Guide is now available Councillor Novak announced the following:  She expressed congratulations and appreciation to all the volunteers involved in the Valleys 2000 Fish By-Pass  Ribbon-cutting ceremony for the Chocolate Messenger on December 17, 2013, at 6:00 p.m.  St. Vincent dePaul food sorting at St. Joseph’s Parish on December 18, 2013 from 9:30 a.m. to 2:00 p.m. Councillor Partner announced the following:  Free Family Skate Party on December 31, 2013, from 1:00 p.m. to 3:00 p.m. at the Newcastle Memorial Arena sponsored by Specialty Wealth & Financial  Orono Firefighters are hosting a free Santa Skate on December 22, 2013, from 1:00 p.m. to 2:30 p.m.  Tim Horton’s is sponsoring Free Skating events on December 24, 27 and 31, 2013, from 1:00 p.m. to 2:00 p.m.  “Elvis – A Tribute to the King” New Year’s Eve Celebration at the Orono Town Hall, featuring Bruce Andrew Stewart  Kendal Lions Club’s first pancake breakfast of 2014 on January 12, 2014, from 9:00 a.m. to noon  th 100 Centennial Celebrations for the Newcastle Horticultural Society 2014 Events: May 14, 2014, District 17 Annual General Meeting o June 22, 2014, Garden Party and Picnic o Council Meeting Minutes - 3 - December 16, 2013 Councillor Traill expressed appreciation to all who attended the Tyrone Breakfast with Santa, to the Bowmanville Lions Club who donated the sausages and to TJ’s Dance Troupe for providing the entertainment. All food collected will be donated the Clarington East Food Bank. Mayor Foster announced the following:  He expressed appreciation to the Valleys 2000 for their vision, the Bowmanville Fish & Anglers’ Association for the Fish By-pass and to Erin O’Toole and Steve Kay for the Gala Event which raised over $87,000. The Federal Government has provided just over $100,000 for the project  Grand Opening of the Chocolate Messenger at 182 Wellington, on December 17, 2013 at 6:00 p.m.  Clarington Older Adults’ Association Pot Luck Dinner on December 19, 2013, at 4:30 p.m. featuring the Clarington Concert Band  Blood Donor Clinic on Boxing Day All Members of Council extended Season’s Greetings to Clarington residents and staff. Councillor Neal declared a perceived pecuniary interest with respect to the request from Jo-Ann and Peter Mian to address Council concerning Correspondence Item D – 11 and Item 10 of Report #1, as he has a former client who resides in the area and left the Council Chambers during discussion and voting on this matter. Resolution #C-418-13 Moved by Councillor Novak, seconded by Councillor Woo THAT the Rules of Procedure be suspended. “CARRIED” (Required ¾ vote) Resolution #C-419-13 Moved by Councillor Traill, seconded by Councillor Woo THAT Jo-Ann and Peter Mian be permitted to address Council concerning Correspondence Item D – 11 and Item 10 of Report #1. “CARRIED” Councillor Neal returned to the meeting. Council Meeting Minutes - 4 - December 16, 2013 Resolution #C-420-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council December 2, 2013, be approved. “CARRIED” PRESENTATIONS Margaret Clayton, Chair, and Ted Baker, Vice-Chair, Energy-From-Waste, Waste Management Advisory Committee (EFW-WMAC) addressed Council to present the Committee’s Annual Report. Through use of a PowerPoint presentation, Ms. Clayton provided a summary of the Committee’s activities for 2013. Ms. Clayton advised four regular meetings were held in 2013 and one special meeting was held to amend the EFW-WMAC’s Terms of Reference to establish working groups and to finalize details for an educational tour to Covanta’s Energy-from-Waste Facility in Onondaga, New York. Ms. Clayton stated that as a result of the amendment, four working groups were established to review the four bag garbage limit and Waste Management facilities fees, the Multi-Residential Green Bin Collection Program, and Eco stations and that members assisted Regional Works Department staff in promoting the Region’s Waste Study Survey and received feedback regarding the three areas covered by the Working Groups. She also advised that in 2013, Committee members participated in four educational tours including the Covanta EFW facility in Onondaga, New York, Oshawa’s Waste Management Facility, the Durham/York Energy Centre and the Brock Landfill Site. She noted Committee members also participated in a number of Regional Waste Events including Compost Days, E-Waste Days and E- Waste/Household Hazardous Waste Days. Ms. Clayton highlighted the November 21, 2012 EFW-WMAC recommendation requesting two additional monitoring stations and continuous monitoring of heavy metals and particulate matter at the stack and reviewed the Regional Council resolution to undertake one additional annual stack test commencing in 2015 for at least three years and to undertake to site and provide an additional fixed air monitoring station for a three year period in co-operation with the Municipality of Clarington. Ms. Clayton advised that as per the Terms of Reference, current member terms will end this year and noted a number of members have expressed interest in applying for re-appointment. Ms. Clayton submitted a written copy of the EFW-WMAC 2013 Annual Report for Members of Council. DELEGATIONS Sandy Archibald, Vice Chair and Steve Simic, Director, Clarington Tourism Marketing Board (CTMB), addressed Council to provide a Tourism Status Report – 2013 in Review. Mr. Simic advised he is on the Board representing Courtice in retail interests and Ms. Archibald represents both agriculture and retail interests. Council Meeting Minutes - 5 - December 16, 2013 Mr. Simic stated tonight’s presentation provides a status update on the Board’s activities for 2013 and also seeks Council’s assistance in moving the tourism economy in Clarington forward. Mr. Simic provided an overview of the CTMB which evolved from Clarington Marketing Minds, a group of local tourism operators who banded together in 2008 to promote tourism in Clarington by developing joint co-operative marketing and creating signature events. He stated that in 2011, the group realized a more formal approach was required to grow the local tourism economy and created the new organization making sure to remain an independent body and be a more inclusive organization. He noted that currently, the CTMB has 70 tourism partners, including stakeholders from the Municipality, area BIAs, the food and retail sector, arts and culture, sports and recreation and tourism operators. He advised the mandate of the CTMB is to work co-operatively to promote Clarington as a “top of mind” tourism destination, which is extremely important as Clarington has a number of tourism assets and attractions that must be promoted effectively to both visitors and locals for the local tourism economy to reach its full potential. Mr. Simic highlighted the Board’s objectives to liaise with Clarington Council and the Communications/Tourism office, establish and maintain an inventory of assets, facilitate and advise Council on the development and implementation of a Tourism Strategic Plan, identify emerging tourism trends, niche markets and conditions, facilitate and develop the implementation of an annual Tourism Marketing Plan, research and coordinate applications for tourism grants, and advise and consult with Clarington regarding new opportunities for education and training. Mr. Simic stated in 2013, a research firm was engaged to establish a baseline of the state of tourism in Clarington, i.e. Economic Impact Study, outlined the methodology used to collect the statistics including surveys of festival attendees and reviewed the data collection to date. He advised close to 1,000 surveys have been collected noting over half of the participants were from out of town visitors and highlighted the spin-off effects that can occur to the local economy. Mr. Simic reviewed a number of steps to be completed regarding the Economic Impact Study which is expected to be completed by June 2014 and highlighted the promotional and educational activities which took place in 2013, including the launch of the Tourism Clarington mobile app on October 19, 2013. Mr. Simic reviewed the Board’s objectives for 2014 to complete the Economic Impact Study, to initiate and complete a Tourism Master Plan, to lobby Attractions Ontario to host their Annual General Meeting at the Canadian Tire Motorsports Park and Convention Centre, to entertain guests from TMAC and to research and develop culinary tourism experiences. Resolution #C-421-13 Moved by Councillor Partner, seconded by Councillor Woo THAT the delegation of Sandy Archibald and Steve Simic be extended for five minutes. “CARRIED” Council Meeting Minutes - 6 - December 16, 2013 Mr. Simic indicated the value of tourism is $270,000,000 based on the Ontario Tourism Regional Impact Model, provided by Ministry of Tourism, Culture and Sports which calculates all costs including taxes and labour. He stated that based on 2.8 million visits to Clarington in 2012, the figure equates to $98 per visitor with $270 million contributed to the local economy. Ms. Archibald indicated the CTMB is requesting two things: firstly, they need a plan. She noted that in the Municipality’s Strategic Plan 2011-2014, showcasing the Community was a primary objective, with the preparation of a Comprehensive Long- Term Tourism Marketing Strategy listed as part of the actions to be taken. Ms. Archibald indicated that to date, this has not been accomplished and stated there is an opportunity to follow through with the Plan with Central Counties at a cost of $6,500 and respectfully requested that Council support the preparation of a tourism plan. Ms. Archibald stated the Board’s second request is for additional staff dedicated solely to tourism. She noted staff at the tourism office do a wonderful job greeting both visitors and residents and commended Council for recognizing the importance of maintaining the front door to the community. She advised that Municipal staff are responsible for communications and tourism, with a heavy emphasis on communications which leaves little time to focus on tourism initiatives. Ms. Archibald stated a staff person dedicated to tourism is an investment, not an expense, and urged Council to support a staff person dedicated to tourism. John Windatt addressed Council concerning Correspondence Item D – 4 - Request for Second Off-Leash Dog Park. Mr. Windatt stated the off-leash dog park in Bowmanville has been extensively used despite being located in a remote area with little directional signage and little publicity. He noted the grass is sparse and worn and a second off-leash dog park is needed to relieve the pressure on the existing park. Mr. Windatt would like to see a second off-leash dog park located behind the library in Newcastle as this park is seldom used, there is sufficient parking, very few people would be impacted and two sides of the park are currently fenced which would reduce costs. Mr. Windatt feels that having a dog park downtown would promote walking and a sense of community, would bring people to the Village and downtown businesses would benefit. He also stated the demographics in downtown Newcastle are changing with fewer children and that the large playing field is no longer needed. Mr. Windatt summarized by stating the Bowmanville off-leash park is a resounding success and that it is time for a second one. Stacey Snow and Misty Oulton, Free Durham from Fluoride Team, addressed Council concerning Correspondence Item I – 7 - Water Fluoridation Information Night. Ms. Oulton stated their group has organized a free information night for residents in Durham Region to come out and learn about the hazardous health effects of water fluoridation in Durham on January 9, 2014, and issued a personal invitation to Members of Council to attend. Ms. Oulton advised Dr. Paul Connett, World- Renowned Toxicologist and Leading Expert will be featured. Council Meeting Minutes - 7 - December 16, 2013 The event will be held at the Unifor Local 222 Union Hall, 1425 Phillip Murray Avenue, Oshawa and is sponsored by Free Durham From Fluoride and Unifor Durham Regional Environmental Council. Ms. Snow stated the Free Durham From Fluoride Group hopes to empower and educate citizens to take action to end water fluoridation in Durham Region. Prior to the meeting, Penny Maring advised she would be unable to attend tonight’s meeting. Bart Scollard addressed Council concerning Item 12 of Report #1 - Noise Fence for Lots on West Side of Vivian Drive. Mr. Scollard indicated he has resided at 12 Vivian Drive since December 2011, and first became aware of the noise level along Trulls Road in the summer of 2012. He indicated that he became aware that the Vivian Drive Subdivision planning involved discussions included berms, acoustical or attenuation fences on Trulls Road noting they currently have a chain link fence and cedar hedges. He stated that during the summer, an acoustical study was conducted and the results were above the environmentally-acceptable levels. Mr. Scollard stated he has also been made aware that discussions have taken place with the Municipality and the builder with respect to the amenity areas being situated in the front, not at the rear of homes along Lots 1 to 13, but confirmed that increased noise levels only were discussed at the time of home closings. Mr. Scollard requested that proper fencing be required along Lots 1 to 13 on Vivian Drive noting if the status quo remains, homeowners may build their own fences of different sizes, colours and materials. George Franklin addressed Council concerning Item 12 of Report #1 - Noise Fence for Lots on West Side of Vivian Drive. Mr. Franklin advised he resides at 48 Vivian Drive and was in attendance this evening to express concerns regarding the on-going noise problems along Trulls Road between Vivian Drive and Billet Gate. Mr. Franklin acknowledged the major improvements which have taken place along Trulls Road, but noted the one thing that has not changed is the noise. He stated high volumes of traffic from northeast Oshawa are using Trulls Road to access Highway 401 and that new home construction will also compound traffic and noise and that the existing fence and row of cedars does nothing to combat the noise. Mr. Franklin referenced a document produced by D.G. Biddle & Associates Limited, Consulting Engineers which discussed noise level guidelines and criteria in the context of Ministry of Environment (MOE) requirements for Lots 1 to 13 on Vivian Drive suggesting options including acoustical fences, berms, setbacks or re-orientation of dwelling units should noise levels exceeded 60 dBA for the outdoor amenity space. Mr. Franklin discussed the results of a sound level study conducted in which levels exceeded the guidelines. Mr. Franklin referenced Planning Report PSD-044-13 which stated the subdivision agreement required the owners to advise the purchasers of the 13 lots that the outdoor amenity area would be located in the front yard and/or the veranda area of the dwellings. Mr. Franklin expressively stated that none of the 13 owners were ever advised, either verbally or in writing, the amenity area would be at the front of their homes. Council Meeting Minutes - 8 - December 16, 2013 Mr. Franklin advised that currently there is a chain-link fence and some cedar hedges that do not address the noise issue and feels that individual homeowners may build their own fences in various designs and colours and the hedges on the outside will not be maintained. Mr. Franklin requested Council’s support to erect an acoustic fence along Trulls Road. Councillor Neal declared a perceived pecuniary interest with respect to the delegation of Jo-Ann and Peter Mian as he has a former client who resides in the area and left the Council Chambers during discussion on this matter. Peter and Jo-Ann Mian addressed Council concerning Correspondence Item D – 11 and Item 10 of Report #1 - Forced Road - 4826 Concession Road 6, Newtonville. Mr. Mian stated he feels that Council does not fully understand the situation noting they have asked for a tabling motion to allow Members of Council to personally tour their property. Mr. Mian confirmed their intention has always been to have a reasonable resolution to address their liability issues and referred Council to their correspondence regarding staff recommendation (a). Resolution #C-422-13 Moved by Councillor Traill, seconded by Councillor Novak THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:45 p.m. All members of Council were in attendance following the recess. COMMUNICATIONS Resolution #C-423-13 Moved by Councillor Neal, seconded by Councillor Novak THAT the communications to be received for information be approved, with the exception of Correspondence Item I - 1. “CARRIED” I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated October 8, 2013 I - 3 Kathy McLaughlin, Secretary, Bowmanville Santa Claus Parade Committee, extending appreciation to all involved in making the 2013 Bowmanville Santa Claus Parade a great success and for permitting the use of the old Fire Hall. Council Meeting Minutes - 9 - December 16, 2013 I - 4 Chris Belanger, Project Manager, Ministry of Transportation, advising of the rehabilitation of the Canadian Pacific Railway Overhead Bridge on Highway 35 in Pontypool beginning in the spring of 2014; indicating the project will be performed in three stages and traffic flow will be maintained with a single lane in each direction; advising that advance signing will be placed on the mainline highway and on the side roads leading to Highway 35 at least 10 days in advance of the work and local municipalities, school boards, emergency services and local businesses will also be advised in writing a minimum of 10 days prior to the closures once the construction schedule is set; and, advising the project is scheduled to be completed in the late fall 2014. I - 5 Christopher Harris, Municipal Clerk, Township of Scugog, writing to Debi Wilcox, Town Clerk, Town of Whitby, advising that on December 2, 2013, the Township of Scugog adopted the following resolution pertaining to Fair and Efficient Representation – Durham Region Council: “THAT this Committee receive Correspondence Number 535-13 for information. AND THAT staff be authorized to send correspondence advising that the Council of the Township of Scugog does not believe that representation by population is the only factor to consider in determining what constitutes fair and efficient representation and that it does not support the proposed referendum question on the Region wide ballot.” I - 6 Petra Schwirtz - Chair and Steve Simic, Director, Clarington Tourism Marketing Board providing a Tourism Status Report – 2013 in Review. I - 7 Stacey Snow and the Free Durham from Fluoride Team, expressing concern that the fluoride (hydrofluorosilicic acid) being added to drinking water is harmful to health, polluting the environment and interfering with freedom of choice; indicating that since 2001, 50 communities in Canada have ended water fluoridation; and, inviting Members of Council to attend an information night hosted by the Free Durham from Fluoride Organization and the Unifor Durham Regional Environment Council on January 9, 2014, at the Unifor Local 222 Union Hall, Oshawa, starting at 6:30 p.m. Council Meeting Minutes - 10 - December 16, 2013 I - 1 Minutes of the Clarington Museums and Archives Board dated October 9 and November 13, 2013 Resolution #C-424-13 Moved by Councillor Woo, seconded by Councillor Neal THAT the minutes of the Clarington Museums and Archives Board, dated October 9 and November 13, 2013, be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Item D – 11 was received as a hand-out. Resolution #C-425-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Items D - 1 to D - 7 be approved as per the Agenda, with the exception of Correspondence Items D - 4 and D - 5. “CARRIED” D - 1 Luc Vincent, Manager, Ontario Honours and Awards Secretariat, Ministry of Citizenship and Immigration, advising that nominations are being accepted for the Ontario Medal for Young Volunteers, an award to recognize youth who understand the importance of volunteering and who demonstrate leadership, initiative and perseverance, inspire others, and improve the quality of life in their communities, province, country and the world; and, indicating that nomination forms and additional information about the Medal and other programs recognizing volunteers is available at www.ontario.ca/honoursandawards. The deadline for submission is January 15, 2014. (Correspondence referred to the Municipal Clerk to place information on the Municipality’s website) D - 2 Natasha Bowes, Fundraising Coordinator, Autism Ontario, requesting that April 2, 2014, be proclaimed as “World Autism Awareness Day”, as a means of increasing public awareness about Autism Spectrum Disorder (ASD) and the day-to-day issues faced by people with autism and their families. (Proclaimed) Council Meeting Minutes - 11 - December 16, 2013 D - 3 Carole Whelan on behalf of Flag Day, advising February 15, 2014, will th mark the 49 anniversary of the National Flag of Canada; and, encouraging teachers and youth leaders to get involved in events to celebrate National Flag of Canada Day. (Proclaimed) D - 6 David Sebastian Orsorio, URS Canada Inc., advising that URS has been retained by the Ministry of Transportation (MTO) to undertake a Detail Design and Class Environmental Assessment Study for the replacement of the Highway 401/Holt Road interchange; outlining the construction work associated with the reconstruction project; indicating that the MTO is seeking a noise exemption to Municipal By-law 2007-071 to minimize the potential safety hazards during construction to the traveling public and to minimize the disruption to the high volume of daytime traffic to allow night work and weekend work with no timing limitations (including statutory Holidays) for the period May 1, 2014 to December 31, 2015. (Exemption to the Municipality’s Noise By- law approved for the period May 1, 2014 to December 31, 2015) D - 7 Marion Saunders, President, Association of Hospital Volunteers – Bowmanville, requesting permission to hold a fundraising tag day event on May 30 and 31, 2014, in the Bowmanville and Newcastle areas and indicating the event is one of their primary fundraising efforts for 2014 and that proceeds will be directed to ongoing support of patient needs in the Lakeridge Health Bowmanville hospital. (Tag days approved on May 30 and 31, 2014) D - 4 John Windatt acknowledging the resounding success of the Bowmanville off-leash dog park and requesting that Council start the process to establish a second off-leash park to be located in Newcastle. Mr. Windatt suggests that the off-leash park be located in the park behind the library as the park sees little use, has ample parking available, few people would be impacted, and having the park downtown would promote walking and interaction between people and foster a sense of community. Resolution #C-426-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item D – 4 from John Windatt, requesting the establishment of a second off-leash dog park be referred to staff; and THAT a Public Meeting be held as part of the investigative process. “CARRIED” Council Meeting Minutes - 12 - December 16, 2013 D - 5 Lisa Roy, Chair, Orono BIA, expressing concern with the 2-hour parking restriction on Main Street and requesting that parking on Main Street be extended to 3 hours. Resolution #C-427-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item D – 5 from Lisa Roy, Chair, Orono BIA, with respect to extended hours of parking on Main Street, be forwarded to the Regional Municipality of Durham. “CARRIED” Councillor Neal declared a perceived pecuniary interest with respect to Correspondence Item D - 11 as he has a former client who resides in the area and left the Council Chambers during discussion and voting on this matter. D - 11 Jo-Ann and Peter Mian, writing further to their correspondence of November 8, 2013, providing a sequence of events regarding their request for the Municipality to remove the Forced Road designation to their property at 4826 Concession 6, Newtonville; expressing concern that misinformation is being conveyed to Council and clarifying that concerns regarding liability of the road predated their purchase of the property; advising they are accepting of recommendation (a) outlined in Report LGL-012-13 to “pass a by-law to close that portion of Concession Road 6 shown as Part 3 on Attachment 5 to this Report and convey its interest in such land to Peter Andrew Mian”; and, requesting that Council support that position. Jo-Anne and Peter Mian submitting additional correspondence dated December 12, 2013, providing a point-by-point response to issues outlined in Report LGL-012-13, to assist Council with a decision to either support recommendation (a) or to allow the matter to be tabled until the New Year so that their Solicitor can represent their interests moving forward. Resolution #C-428-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item D – 11 from Peter and Jo-Ann Mian, be received with thanks; and THAT Peter and Jo-Ann Mian be advised of actions taken with respect to Item 10 of Report #1. “CARRIED” Council Meeting Minutes - 13 - December 16, 2013 Councillor Neal returned to the meeting. D - 8 Steve Hann acknowledging the death of Limba, Bowmanville Zoo’s elephant, and suggesting that elephant footprints be painted along the road in downtown Bowmanville or her parade route as an honourable and unique way to honour her life. Resolution #C-429-13 Moved by Councillor Hooper, seconded by Councillor Traill THAT Correspondence Item D – 8 from Steve Hann with respect to honouring Limba, be referred to staff. “CARRIED” D - 9 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), writing to the Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, advising that on November 19, 2013, CLOCA’s Board of Directors adopted the following resolution pertaining to Land Use Planning and Appeal System Consultation: “THAT the CLOCA Board of Directors request the Province of Ontario to remove the ability to appeal to the Ontario Municipal Board municipal official plan and zoning bylaw amendments associated with the implementation of provincially approved Source Protection Plans; and, THAT this motion be circulated to Premier of Ontario, Minister of Municipal Affairs & Housing, Minister of the Environment, Minister of Natural Resources, Conservation Ontario, AMO, CTC Source Protection Region, Region of Durham, Town of Ajax, Municipality of Clarington, City of Oshawa, City of Pickering, Township of Scugog, Township of Uxbridge, Town of Whitby, Ganaraska Region CA, Kawartha Region CA, Lake Simcoe Region CA, Toronto & Region CA, Credit Valley CA.” Resolution #C-430-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from Central Lake Ontario Conservation Authority (CLOCA), with respect to Land Use Planning and Appeal System Consultation, be referred to the Director of Planning Services. “MOTION WITHDRAWN” Council Meeting Minutes - 14 - December 16, 2013 Resolution #C-431-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from Central Lake Ontario Conservation Authority (CLOCA), with respect to Land Use Planning and Appeal System Consultation, be endorsed. “CARRIED” D - 10 Susan Sheridan, Deputy CAO Clerk-Treasurer, Township of Killaloe, Hagarty and Richards, writing to the Honourable Kathleen Wynne, Premier of Ontario, advising that on December 3, 2013, the Township of Killaloe, Hagarty and Richards adopted the following resolution pertaining to Limit Industrial Wind Turbine (IWT) Projects: “WHEREAS the Premier of Ontario has recently conveyed the Government’s desire to limit Industrial Wind Turbine (ITW) Projects to communities that are willing hosts; AND WHEREAS the Council for the Township of Killaloe, Hagarty and Richards has received a clear message from its residents that they are not willing to host IWTs in Killaloe, Hagarty and Richards; AND WHEREAS the Council for the Township of Killaloe, Hagarty and Richards has taken a consistent position on the issue of IWTs; NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of Killaloe, Hagarty and Richards applauds the position taken by the Premier and the Government; AND THAT based on the consistent position of the Council for the Township of Killaloe, Hagarty and Richards and the input received from the community regarding IWTs, the Province of Ontario and specifically the Ministry of Environment be now advised that the Township of Killaloe, Hagarty and Richards is not a “willing host” for IWTs; AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the Minister of Environment, Minister of Energy, Minister of Rural Affairs, MP Cheryl Gallant, MPP John Yakabuski, and to all Ontario municipalities for their support and endorsement.” Council Meeting Minutes - 15 - December 16, 2013 Resolution #C-432-13 Moved by Councillor Partner, seconded by Councillor Woo THAT the resolution from the Township of Killaloe, Hagarty and Richards, with respect to Limit Industrial Wind Turbine (IWT) Projects, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report December 9, 2013 Resolution #C-433-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of December 9, 2013 be approved, with the exception of Items #5, #10, #12, #13 and #14. “CARRIED” Item 13 Resolution #C-434-13 Moved by Councillor Woo, seconded by Councillor Traill WHEREAS the Bowmanville Zoo has been unanimously recognized by the Municipality of Clarington for their animal care and promotion and education of the animal kingdom and as a animal rescue facility; AND WHEREAS in 1989 the Bowmanville Zoo came into the possession of a rescued Asian elephant named Limba; AND WHEREAS Limba flourished through the loving care provided by Michael Hackenberger, Bowmanville Zoo Manager & Curator; Dr. Wendy Korver, Veterinarian and girlfriend to Limba; Robert Crawford, trainer, sidekick and trusted & loving friend; and Anne “Annie” Wilson, grandmother figure; AND WHEREAS Limba was a surrogate babysitter to Dirk and Kurt Hackenberger; AND WHEREAS Limba was a fixture in and around Bowmanville and it was not uncommon to see Limba strolling through downtown Bowmanville; Council Meeting Minutes - 16 - December 16, 2013 AND WHEREAS Limba was a great supporter and was present at such events as the Terry Fox Run, MS Walk, on the bridge during the Highway of Heroes honouring our fallen, Bowmanville Santa Claus Parade, and Valleys 2000 fundraiser; AND WHEREAS The Municipality of Clarington and people around the globe have embraced an elephant known as Limba; AND WHEREAS Limba made her home at the Bowmanville Zoological Park in the Municipality of Clarington for almost a quarter century; AND WHEREAS Limba was a shining example for all to see that the interaction between the animal kingdom and humans can be one of love and harmony and inclusiveness and acceptance; NOW THEREFORE BE IT RESOLVED THAT Limba be proclaimed as an Honourary Citizen of the Municipality of Clarington; THAT the Street Naming Policy of the Municipality of Clarington be waived to have an appropriate street within the Schickendanz Development be named Limba Way; and THAT the Hackenberger Family, Robert Crawford, Annie Wilson and the Bowmanville Zoological Family be informed of this proclamation. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo  Councillor Hooper  Councillor Neal  Councillor Novak  Councillor Partner  Councillor Traill  Mayor Foster  Item 12 Resolution #C-435-13 Moved by Councillor Neal, seconded by Councillor Traill THAT a 2.75 metre acoustical fence be constructed at the rear of Lots 1 to 13 on Vivian Drive; and Council Meeting Minutes - 17 - December 16, 2013 THAT the Municipality seek to recover the costs from the developer. “MOTION LOST LATER IN THE MEETING” Resolution #C-436-13 Moved by Councillor Partner, seconded by Councillor Novak 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 9:17 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. The foregoing Resolution #C-435-13 was then put to a vote and LOST ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal  Councillor Novak  Councillor Partner  Councillor Traill  Councillor Woo  Councillor Hooper  Mayor Foster  Resolution #C-437-13 Moved by Councillor Woo, seconded by Councillor Novak THAT Report PSD-072-13 and Addendum to Report PSD-072-13 be received; and THAT all interested parties listed in Addendum to Report PSD-072-13 and any delegations be advised of Council's decision. “CARRIED” Council Meeting Minutes - 18 - December 16, 2013 Item #14 Resolution #C-438-13 Moved by Councillor Neal, seconded by Councillor Partner WHEREAS in November 2012 Hydro One Networks Inc. submitted a Draft Environmental Study Report for the Clarington Transformer Station Project on the north west quadrant of Concession 7 and Townline Road which is located on the Oak Ridges Moraine; AND WHEREAS the Municipality and other commenting agencies found the ESR document to be lacking in rigour compared to other ESR’s and supporting background information was not included in the documentation or available to the public; AND WHEREAS for development and site alteration on the Oak Ridges Moraine it is a requirement under the Clarington Official Plan (policy 4.4.39) to have an Environmental Study peer reviewed; AND WHEREAS additional work by Hydro One has been required by the Ministry of Environment to address information gaps; AND WHEREAS the recently released Long-Term Energy Plan “Achieving Balance” identifies that the Ontario Power Authority will give greater consideration to local priorities and acknowledges that the Clarington Transformer Station project is pending a decision from the Minister of Environment on whether an individual Environmental Assessment is required; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request Hydro One Networks Inc. to provide funding to the Municipality to have the Environmental Study peer reviewed; THAT the Minister of Environment be requested to “bump-up” the Clarington Transformer Station project to an individual Environmental Assessment; THAT this resolution be circulated to Premier Kathleen Wynne, Erin O’Toole, MP, John O’Toole, MPP, Durham Region, CLOCA, and the CTC Source Water Protection Committee for support; and THAT all affected residents who have come forward to the Planning Services Department be advised of Council’s decision. “CARRIED” Council Meeting Minutes - 19 - December 16, 2013 Councillor Neal declared a perceived pecuniary interest with respect to Item 10 of Report #1 as he has a former client who resides in the area and left the Council Chambers during discussion and voting on this matter. Item #10 Resolution #C-439-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Jo-Ann and Peter Mian be instructed to remove the stop sign located at the end of their driveway; and THAT Staff advise Jo-Ann and Peter Mian that no action will be taken in response to any of the options that they have presented to Council. “CARRIED” Councillor Neal returned to the meeting. Councillor Hooper declared a pecuniary interest with respect to Item 5 of Report #1 as the retail space could impact downtown Bowmanville where he owns property and left the Council Chambers during discussion and voting on this matter. Item #5 Resolution #C-440-13 Moved by Councillor Woo, seconded by Councillor Traill THAT Report PSD-075-13 be received; THAT the applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by 668390 Ontario Ltd. (Kaitlin Corporation) to permit a drive-through restaurant, a restaurant, a bank with a drive-through and two office buildings, one with ground floor retail and restaurant uses continue to be processed; and THAT all interested parties listed in Report PSD-075-13 and any delegations be advised of Council’s decision. “CARRIED” Councillor Hooper returned to the meeting. Council Meeting Minutes - 20 - December 16, 2013 STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS Resolution #C-441-13 Moved by Councillor Novak, seconded by Councillor Neal THAT the presentation by Margaret Clayton, Chair and Ted Baker, Vice-Chair, Energy-From-Waste, Waste Management Advisory Committee (EFW-WMAC) – Annual Report, be received with thanks; and THAT Council extend their appreciation to all members of the Energy-From-Waste, Waste Management Advisory Committee for their efforts in this regard. “CARRIED” Resolution #C-442-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the delegation of Sandy Archibald, Vice-Chair and Steve Simic, Director, Clarington Tourism Marketing Board – Tourism Status Report – 2013 in Review be received with thanks; and THAT the request for the completion of the Comprehensive Long-Term Tourism Marketing Strategy and for an additional staff member to address tourism in the Communications and Marketing office be referred to the 2014 Budget process. “CARRIED” BY-LAWS Resolution #C-443-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-104 and 2013-105 2013-104 Being a By-law to stop up and close and to authorize the conveyance of a road allowance Council Meeting Minutes - 21 - December 16, 2013 2013-105 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (West Diamond Properties Inc. and Players Business Park Ltd.); and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Hooper advised that Lafarge has donated equipment to clean up debris along the nature trails, noting the Ridge Runners Snowmobile Club is concerned that Lafarge is left with a huge bill. Mayor Foster indicated that the matter could be brought to the Region’s attention. Councillor Hooper read a congratulatory letter from a resident expressing appreciation to the Municipality for partnering with Lakeridge Health to provide indoor space for their Cardiac Rehabilitation Program. Councillor Hooper stated a pecuniary interest and Councillor Neal stated a perceived pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the Council Chambers during discussion and voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-444-13 Moved by Councillor Novak, seconded by Councillor Partner THAT leave be granted to introduce By-law 2013-106, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 16 day of December, 2013; and THAT the said by-law be approved. “CARRIED” Councillor Hooper and Councillor Neal returned to the meeting. Council Meeting Minutes - 22 - December 16, 2013 ADJOURNMENT Resolution #C-445-13 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 9:52 p.m. "CARRIED" AYO NAU 1`41 I LERK