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