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HomeMy WebLinkAbout01-13-2014 (Adopted as Amended) Adopted as Amended Council Meeting Minutes JANUARY 13, 2014 Minutes of a regular meeting of Council held on January 13, 2014 at 7:00 p.m., in the Council Chambers. Councillor Partner led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu 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 Deputy Treasurer, L. Gordon Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Communications Co-ordinator, J. Vreeker, attended until 7:20 p.m. 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 Item 7 of Report #1. ANNOUNCEMENTS Councillor Partner announced the following:  Kendal Community Hall Board “Open Mic” on Saturday, January 18, 2014, from 1:00 p.m. to 5:00 p.m. at the Kendal Community Hall – Tickets are $5.00 Council Meeting Minutes - 2 - January 13, 2014  Newtonville Community Hall Board, Chili Dinner on Sunday, January 19, 2014, at the Newtonville Community Hall from 4:30 p.m. to 6:30 p.m. – Tickets are $12 for adults, $6 for children aged 4 to 12 and free for children under 4 years of age  th 100 Centennial Celebrations of the Newcastle Horticultural Society commencing in May. The Society will be hosting 150 entrants from their district including 12 societies in Durham Region, monthly meetings with workshops and speakers, a Garden Party on June 22 and various free community events. The Society is looking for volunteers and corporate sponsors and those interested are asked to contact Jeany at 905-987-1746 or jeany@rogers.com Councillor Woo announced the following:  Information Meeting regarding the Community Grant Program on January 16, 2014, 7:00 p.m. at the Courtice Community Complex. Deadline for submission of grant applications is February 28, 2014  Clarington Tourism Marketing Board Annual General Meeting on January 28, 2014, at 6:00 p.m. at the Holiday Inn Express Hotel and Suites  Mayor Foster will address members of the Newcastle Bond Head Ratepayers’ Association at their meeting on January 20, 2014, at 7:30 p.m. at the Newcastle Community Hall Councillor Hooper announced the following:  Celebrate Clarington’s Agricultural Heritage during Heritage Week 2014 - February 17 to 23, 2014 with activities at sites throughout the municipality, historical exhibits, presentations, movies, kettle corn, prizes and more. Further information is available at heritage.clarington.net or 905-623-2734  Clarington Older Adult Association Events: Heritage Week Dinner & Auction with keynote address by Sandy Hawley o at the Courtice Community Complex on February 15, 2014, 6:00 p.m. sponsored by the Rotary Club of Courtice. Tickets are $60 per person and include dinner, draws, and auction. Contact Judy MacDonald at 905-436-1509, Sharon Mansfield, courticecoaa@rogers.com or courticerotaryevents@rogers.com for tickets or to make a donation Agricultural Luncheon on February 18, 2014, at 12:00 noon. The COAA o is looking for celebrity servers Traditional Barn Dance on February 21, 2014, 8:00 p.m. at the Beech o Centre, with live country music by Larry Adams and the Good Tyme Band. Tickets are $10 Councillor Traill announced on Saturday, January 18, 2014, from 2:00 p.m. to 7:00 p.m. at 588 Markham Street, Toronto, there will be a portrait exhibit presenting selected works from the Tyrone Community Centre Private Collection of Portraits by Neil Newton and introducing Stephen Gilligan, Irena Hauck, Vitas Luckus and Steve Stober, with a pop-up concert to follow at 8:00 p.m. Council Meeting Minutes - 3 - January 13, 2014 Mayor Foster announced the following:  World Religion Day on Sunday, January 19, 2014, being held in Sunderland  Big Brothers/Big Sisters of Clarington Information Session on Volunteering on January 22, 2014, from 7:00 p.m. to 8:00 p.m.  Rabbie Burns Luncheon on January 21, 2014, from 11:30 a.m. to 1:30 p.m. at the Beech Centre  Port Hope Area Initiative is looking for three volunteers for the Port Granby Project. Contact the Municipal Clerk’s office for information  Newcastle’s Tara Watchorn will compete at the 2014 Olympics in Sochi as part of the Canadian Women’s National Hockey Team  Councillor Woo will assume the duties of Deputy Mayor for 2014 Resolution #C-001-14 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council December 16, 2013, be approved as amended to add the word “perceived” prior to the words “pecuniary interest” where Councillor Neal declared an interest with respect to Resolutions #C-418-13 and #C-419-19, Correspondence Item D - 11 and Item 10 of Report #1. “CARRIED” PRESENTATIONS Mayor Foster presented a Certificate of Recognition to Gord and Garry Geissberger acknowledging their receipt of the 2012 Leaders in Innovation Award for Agri-Food Innovation Excellence for the Geissberger Farmhouse Cider Inc. Mobile Cider Mill. Dietmar Reiner, Senior Vice President, Nuclear Refurbishment, Ontario Power Generation (OPG), addressed Council to provide OPG’s annual update on the Darlington Refurbishment Project. Prior to conducting a PowerPoint presentation, Mr. Reiner highlighted OPG plans and initiatives for 2014 which will ensure OPG remains a cost-efficient, accountable, financially strong, sustainable organization. Mr. Reiner reviewed the scope of work for the three phases of the refurbishment project including the initiation phase (2007-2009), the definition phase (2010-2015) and the outage execution phase (2016-2024). Mr. Reiner highlighted the status of the regulatory approvals, noting the Environmental Assessment is complete and a follow- up program has been established, the Integrated Safety Review has been accepted by the Canadian Nuclear Safety Commission (CNSC) staff, the Global Assessment Report/Integrated Implementation Plan and the licence renewal application to the end of refurbishment have been submitted to the CNSC. Mr. Reiner indicated that public hearings are anticipated to be held in the fall of 2014. Mr. Reiner provided a review of the facilities and site infrastructure needed to support refurbishment and continued operation, the status of four safety improvement projects, and the Darlington Energy Complex (DEC) including the office complex, visitor centre and warehousing. Council Meeting Minutes - 4 - January 13, 2014 He noted the construction/installation of the full-scale mock up reactor is on schedule with anticipated completion in early 2014 and that specialized tooling is being designed and built to support the refurbishment work. He further outlined work definition, planning, prerequisite keys to success with respect to inspections and approvals, awarding of contracts, finalizing project scope and engineering work, procurement of materials, and development of a Release Quality cost estimate and full schedule for outage to be used as a yardstick to monitor and judge progress. Mr. Reiner summarized by stating that the Darlington Nuclear Generating Station is a top-performing station in excellent condition, has a proven track record of successful projects, and has a strong leadership team with strong community support. Mr. Reiner highlighted economic benefits of the project including the creation of approximately 2,000 jobs at peak construction and thanked Council for their support of the project. DELEGATIONS There were no delegations scheduled for this meeting. COMMUNICATIONS Resolution #C-002-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 5, I - 7, I - 9 and I - 13. “CARRIED” I - 1 Minutes of the Agricultural Advisory Committee of Clarington dated December 12, 2013 I - 2 Minutes of the St. Marys Cement Community Relations Committee dated November 26, 2013 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 12, 2013 I - 4 Minutes of the Clarington Museums and Archives Board dated December 11, 2013 Council Meeting Minutes - 5 - January 13, 2014 I - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on December 16, 2013, Oshawa City Council adopted the following resolution pertaining to E-bike Community Consultation and Recommendation: “1. THAT based on Report CS-13-106 dated November 27, 2013, summarizing research and feedback obtained from the community and stakeholders, the City amend relevant by-laws as necessary to safely integrate e-bikes on recreational trails and to prohibit the use of e-bikes on sidewalks; and 2. THAT staff develop a communication and awareness strategy to educate and engage the community on the responsibilities and proper use of e-bikes in the community and include the cost of such strategy as part of the 2014 Community Services Operating Budget submission; and 3. THAT a copy of this report be sent to area municipalities for future consideration in the development of a consistent policy with respect to the use of e-bikes throughout Durham Region.” I - 8 Todd Case, Warden, County of Lambton, writing to the Honourable Linda Jeffrey, Minister of Municipal Affairs & Housing, advising that on November 27, 2013, the Corporation of the County of Lambton adopted the following resolution pertaining to the requalification of Municipal Building Officials: “WHEREAS, municipal building officials are the main practitioners of the Ontario Building Code (OBC) and use the OBC on a daily basis in the carrying out of their duties; AND WHEREAS, Bill 124 that passed in 2005 required all municipal building officials to undertake a series of qualification exams; AND WHEREAS, a subsequent regulation 332/12 (knowledge and maintenance examinations) requires our already qualified officials to requalify by taking a similar series of qualification exams again; AND WHEREAS, this requalification process will provide municipalities with financial hardships in terms of registration costs, mileage costs, days away from the office to undertake their regular duties in performing timely inspections that is expected by the building industry; AND WHEREAS, municipal building officials acknowledge the need to stay current with legislation and to undergo necessary training to do so; AND WHEREAS, the builders and home owners will suffer slower response time for building permits and inspections until all of the building officials are qualified; Council Meeting Minutes - 6 - January 13, 2014 NOW THEREFORE, The Corporation of the County of Lambton, in support of the Southwestern Chapter of the Ontario Building Officials Association resolves: THAT any amendments to the OBC include provisions for training opportunities rather than requalification examinations as the means by which building officials remain current of changes to the OBC. THAT municipal building officials, as the primary practitioners of the OBC, receive the same treatment as plumbers, electricians, professional engineers and architects with regards to exemption from requalification. THAT the negative impact and delays that Ontario regulation 332/12 will have on the issuance of permits, inspections and response times to inquiries by municipal building officials should be taken in to consideration. THAT municipalities and taxpayers be spared the cost of ‘knowledge maintenance examinations’ under the proposed amendment to the OBC which will provide undue hardship to municipalities through lost productivity, early retirement and costs associated with the 13 categories of examinations required by fully qualified inspectors.” I - 10 Ontario Federation of Snowmobile Clubs (OFSC) Media Release clarifying that despite persistent rumours and considerable misinformation throughout the fall, all OFSC Prescribed Trails presently operated under existing land use agreements on Crown Lands used by Ontario Hydro will remain in place for this winter and will be available as soon as local snowmobile clubs have them ready for riding. I - 11 André Marin, Ombudsman Ontario, forwarding two copies of his Annual Report on Investigations of Closed Municipal Meetings for the period September 12, 2012 to August 31, 2013, conducted by the Open Meeting Law Enforcement Team (OMLET) to raise awareness of the open meeting requirements and best practices; advising that during this period, 243 investigations were handled by OMLET; forwarding pocket-sized cards for Council members that include “best practices for closing meetings”; and, advising that the report and other information about municipal investigations can be found at www.ombudsman.on.ca. Council Meeting Minutes - 7 - January 13, 2014 I - 12 Roger Anderson, Chair and CEO and Garry H. Cubitt, Chief Administrative th Officer, Regional Municipality of Durham, advising that 2014 is the 40 Anniversary of the creation of the Region of Durham; indicating that on January 7, 2014, the celebration was launched with an unveiling at Regional Headquarters, anniversary announcements and the debut of the th new 40 anniversary Durham video and webpages on the www.durham.ca site; and, extending an invitation to everyone across the Region to “Join the th Celebration” by attending the 40 Anniversary Open House on June 26, 2014, from 5:00 p.m. to 9:00 p.m. at the Regional Headquarters for a community event with displays, a barbeque, cake and fun for the whole family. I - 14 Tyler Drygas, Consultant Senior Environmental Planner, URS, advising that URS Canada Inc. was retained by the Ontario Ministry of Transportation (MTO) to undertake a Preliminary Design and Class Environmental Assessment Study for the rehabilitation and widening requirements for Highway 401 from Courtice Road to the Durham Regional Boundary (East Townline Road); indicating that a Transportation Environmental Study Report (TESR) has been prepared to document the transportation problems and opportunities, the generation, assessment and evaluation of alternatives, the Recommended Plan for improvements, summary of potential environmental effects and proposed mitigation measures and summary of consultation undertaken; enclosing the “Notice of Study Completion and Transportation Environmental Study Report Submission”; and, indicating that the TESR will be available for public review from January 10 to February 10, 2014, at various locations including the Municipal Clerk’s Department and the Clarington Public Library, Bowmanville and Newcastle Branches. I - 5 Jim Richards writing to Linda Laliberte, CAO and Members of the Ganaraska Region Conservation Authority (GRCA), extending appreciation for endorsing guidelines prohibiting logging operations on GRCA lands between April 1 and July 31 of any given year; thanking Clarington Council for endorsing his call to action following his October 21st delegation, and in particular, thanking Councillor Partner for her dedication to a speedy resolve of outstanding issues; and, reminding Members of the Board of their responsibility to the public in managing renewable resources and protecting and enhancing natural resources. Council Meeting Minutes - 8 - January 13, 2014 Resolution #C-003-14 Moved by Councillor Partner, seconded by Councillor Neal THAT Correspondence Item I – 5 from Jim Richards, with respect to logging guidelines for the Ganaraska Region Conservation Authority, be received for information. “CARRIED” I - 9 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record:  Letter to the Ministry of the Environment dated November 27, 2013, regarding Submission of the September 2013 Complaint and Inquiry Logs  Durham York Energy Centre Project Team Log (September 2013)  Letter to the Ministry of the Environment dated December 9, 2013, regarding Submission of the October 2013 Complaint and Inquiry Logs  Durham York Energy Centre Project Team Log (October 2013)  Letter to the Ministry of the Environment dated December 9, 2013, regarding Submission of the Durham York Energy Centre Ambient Air Monitoring 2nd and 3rd Quarterly Reports  Quarterly Ambient Air Quality Monitoring Report for the Durham York Energy Centre – May-June 2013 (Q2) (November 29, 2013)  Quarterly Ambient Air Quality Monitoring Report for the Durham York Energy Centre – July-September 2013 (Q3) (November 29, 2013)  Letter from the Ministry of the Environment dated October 24, 2013, regarding Submission of Third Party Independent Audit Plan – Operations Phase  Letter to the Ministry of the Environment dated October 1, 2013, regarding Submission of Third Party Independent Audit Plan – Operations Phase  Durham York Energy Centre Operations Phase Audit Plan; and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm Council Meeting Minutes - 9 - January 13, 2014 Resolution #C-004-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item I – 9 from Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, with respect to the Durham/York Energy-From-Waste Project, be received for information. “CARRIED” I - 13 The Honourable Jim Bradley, Minister of the Environment, writing to Doug Magee, Environmental Planner, Hydro One Networks Inc., advising that he has received requests from interested parties for Hydro One Networks Inc. to be required to prepare an individual environmental assessment for the proposed Clarington Transformer Station Class Environment Assessment; advising that an individual environmental assessment is not required but that he is imposing certain conditions on the project; and, indicating that interested parties have been advised of the reasons for this decision. Resolution #C-005-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item I – 13 from The Honourable Jim Bradley, Minister of the Environment, with respect to the Clarington Transformer Station Class Environment Assessment, be received for information. “CARRIED” I - 7 Christopher Harris, Municipal Clerk, Township of Scugog, writing to the Honourable James J. Bradley, Minister of the Environment, advising that on December 9, 2013, the Township of Scugog adopted the following resolution pertaining to Commercial Fill and Excess Soil Management: “THAT the regulation of commercial fill is important for the safety and wellbeing of residents and represents good land stewardship practice; AND THAT the Council of the Township of Scugog has taken action to deal with the issue of commercial fill through the lobby for regulation, negotiation with operators, scientific research, enforcement and court actions; AND THAT the Council of the Township of Scugog supports the City of Toronto’s efforts to regulate and oversee excess soil management; Council Meeting Minutes - 10 - January 13, 2014 AND THAT the Council of the Township of Scugog reiterates its call for the Province to enact regulations to ensure that excess soil placement is provincially regulated in a manner that is consistent across the province and in accordance with the provisions of the Environmental Protection Act; AND THAT a copy of this resolution be forwarded to the Ministry of the Environment, Association of Municipalities of Ontario (AMO), Ontario Stone, Sand and Gravel Association (OSSGA), Residential and Civil Construction Alliance of Ontario (RCCAO) and all municipalities in the Greater Toronto Area.” Resolution #C-006-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT the resolution from the Township of Scugog, with respect to Commercial Fill and Excess Soil Management, be endorsed. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-007-14 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Item D - 1 be approved as per the Agenda. “CARRIED” D - 1 Sandi Graham-McWade, President, Durham Down Syndrome Association (DDSA), requesting that March 21, 2014, be proclaimed “World Down Syndrome Day”, to raise awareness of what Down Syndrome is, what it means to have Down Syndrome and how people with Down Syndrome play a vital role in our lives and communities; and, advising that the date of stst March 21 has been chosen to recognize the extra 21 chromosome that each person with Down Syndrome has in their cell structure. (Proclaimed) D - 4 Sandy Archibald, Archibald Orchards & Estate Winery, Cider House Golf, writing further to the presentation by the Clarington Tourism Marketing Board (CTMB) to Council on December 16, 2013, regarding their request for funding and staffing to prepare a Tourism Plan for Clarington; advising of an opportunity through Central Counties Tourism to share the cost in preparing the plan; and, forwarding the proposal and budget for the plan. Council Meeting Minutes - 11 - January 13, 2014 Resolution #C-008-14 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item D – 4 from Sandy Archibald, Archibald Orchards & Estate Winery, Cider House Golf, with respect to the Clarington Tourism Marketing Board (CTMB) request for a Tourism Plan, be referred to the 2014 budget deliberations. “CARRIED” D - 5 Kathleen Wynne, Minister of Agriculture and Food advising that applications are being accepted for the 2014 Premier’s Award for Agri- Food Innovation Excellence Program, a program to recognize and foster the spirit of innovation that thrives in Ontario’s agricultural sector and encourages the development of rural communities, farms, agri-food processors and agri-food organizations by adding value to existing products, creating jobs and driving economic growth; forwarding the 2014 Program Guidebook and Application form providing details on eligibility, innovation categories, assessment criteria and the application and selection process; and, requesting Council to encourage outstanding agriculture and agri-food innovators to submit an application by 5:00 p.m. on February 28, 2014. Resolution #C-009-14 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Item D – 5 from Kathleen Wynne, Minister of Agriculture and Food, with respect to the 2014 Premier’s Award for Agri-Food Innovation Excellence Program, be referred to the Municipal Clerk to place information on the Municipal website and to the Agricultural Advisory Committee of Clarington for consideration. “CARRIED” D - 3 Lou DeVuono, Founder & Executive Director, Heroes Highway Ride & Rally Association, questioning whether the Municipality would be interested in hosting the 2014 Heroes Ride & Rally on June 7, 2014; advising the ride is anticipated to start at CFB Trenton with approximately 2500 bikes participating; and, indicating that the event has become Canada’s largest “Support the Troops” initiative welcoming riders from across Canada, the United States, Britain, Israel and Australia. Council Meeting Minutes - 12 - January 13, 2014 Resolution #C-010-14 Moved by Councillor Traill, seconded by Councillor Hooper THAT Correspondence Item D – 3 from Lou DeVuono, Founder & Executive Director, Heroes Highway Ride & Rally Association, with respect to the Heroes Highway Ride & Rally 2014, be referred to the 2014 budget deliberations and to the Bowmanville, Newcastle and Orono Business Improvement Areas for input. “CARRIED” D - 2 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising that on December 11, 2013, Regional Council adopted the following resolution pertaining to correspondence from the Municipality of Tweed regarding exotic animals: “THAT the Correspondence dated November 4, 2013 from the Municipality of Tweed, with respect to petitioning the Federal and Provincial Governments to legislate law to prohibit the sale, the keeping, the exhibition and the transportation of exotic, wild and non-domestic animals within the Province of Ontario and the Dominion of Canada, be received for information and forwarded to the local area municipalities for their consideration.” Resolution #C-011-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence D – 2 from D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, with respect to legislation regarding exotic, wild and non-domestic animals, be referred to the Municipal Clerk. “MOTION WITHDRAWN” Resolution #C-012-14 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence D – 2 from D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, with respect to legislation regarding exotic, wild and non-domestic animals, be received for information. “CARRIED” Council Meeting Minutes - 13 - January 13, 2014 D - 6 Chris Bobyk, Forrest Group, requesting a further postponement to their application to amend the Official Plan and Zoning By-law for 105 Queen Street East from the General Purpose and Administration Committee (GPA) meeting of January 20, 2014, to the February 3, 2014, GPA meeting to allow sufficient timing for completion of an updated Noise Study Report and the Addendum Staff Report. Resolution #C-013-14 Moved by Councillor Hooper, seconded by Councillor Neal THAT the request from Chris Bobyk, Forrest Group, for deferral of the application to amend the Official Plan and Zoning By-law for 105 Queen Street East from the General Purpose and Administration Committee (GPA) meeting of January 20, 2014, to the February 3, 2014, GPA meeting, be approved. “CARRIED” D - 7 Terry Horner, CAO/Clerk, Township of Mulmur, writing to the Municipal Property Assessment Corporation (MPAC), advising that on December 11, 2013, the Township of Mulmur adopted the following resolution pertaining to prior years’ assessing of properties: “THAT WHEREAS the Municipal Property Assessment Corporation (MPAC) is able to, and routinely adjusts assessed values for tax purposes for the current year and for up to two prior years on properties where development has occurred and a building permit has been obtained, and where severances have been granted; AND WHEREAS the Township has discovered several instances where development has occurred where no building permit has been obtained and has provided proof of the existence of the development (including photographs) and requested that MPAC retroactively assess those properties in the same manner and for the same time periods; AND WHEREAS requests for re-assessment sent in by the Township as much as 20 months ago have not been dealt with, and MPAC has advised that requests made in the summer of 2013 are ‘too late’ to allow a re- assessment for 2013; Council Meeting Minutes - 14 - January 13, 2014 AND THAT the Township has been advised that the re-assessments will only apply to the 2014 taxation year (if indeed they are re-assessed in 2014) and may not be applied to the two previous years, resulting in a loss of tax revenue to not only the Township but also the County of Dufferin and the School Boards for at least one taxation year (despite the fact they have been identified as existing/occupied in a previous year) and for as much as three years in situations where the building(s) have existed for that length of time but have never been assessed; AND WHEREAS this appears to reward those who choose not to obtain building permits, not only because the payment of taxes is deferred (if not avoided entirely) but also because interest charges on the previous years’ taxes are not applied and because developments are not being assessed in the same manner and for the same time periods as buildings for which building permits have been obtained; AND WHEREAS the onus should not be on the municipality to prove when such buildings were constructed but rather, on the landowner in such situations; NOW THEREFORE BE IT RESOLVED THAT the Township advise MPAC that it is entirely inappropriate and unacceptable to not immediately and retroactively assess a building that has been erected without a building permit for the current year and up to two prior years (depending on when it was built and occupied), when such is the norm for buildings built with building permits; AND THAT MPAC be requested to automatically and immediately re- assess all properties once the improvements have been discovered and apply the resulting increase to the current year and for the two previous taxation years; AND THAT the onus be placed on the landowner to prove that the building has not existed for that entire time period; AND THAT this resolution be forwarded to the County of Dufferin and area School Boards (who also lose out when lands are not assessed as they should be), to the other municipalities in Dufferin County, to MPP Sylvia Jones, and to the Association of Municipalities of Ontario (AMO).” Council Meeting Minutes - 15 - January 13, 2014 Resolution #C-014-14 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from the Township of Mulmur, with respect to prior year’s assessment, be received for information. “CARRIED” D - 8 Kathryn M. Lawson, Deputy Clerk, Town of Fort Frances, writing to the Honourable Kathleen Wynne, Premier of Ontario, advising that on December 9, 2013, the Town of Fort Frances adopted the following resolution pertaining to support for proposed billing model for Police Services: “WHEREAS, the Ontario Provincial Police are proposing a new billing model for charging municipalities for policing services, starting in 2015; AND WHEREAS, the current billing model is a deployment model, in which cost recovery is based on a percentage of detachment workload, actual detachment staffing levels, wages, benefits, and a cost recovery component for other expenditures; AND WHEREAS, the new methodology would charge each municipality a flat $260 per household fee for the base costs related to providing police services, plus a variable charge for each call for service in that municipality. The rationale for this is that there is a base fixed cost for providing police services that must be borne by all participating municipalities, regardless of the number of calls for service that the OPP responds to in each municipality. The OPP have advised that 73% of their costs are fixed (i.e. base costs) and 27% are variable; AND WHEREAS, there is a wide divergence in per household costs for policing across Ontario; AND WHEREAS, some municipalities in Ontario are paying excessive per household costs for policing such as the Town of Fort Frances at $670.92; THEREFORE BE IT RESOLVED THAT the Province of Ontario and Premier Wynne support the proposed billing model change or a model for policing that ensures an equitable distribution of cost sharing for all municipalities and unorganized territories in Ontario; Council Meeting Minutes - 16 - January 13, 2014 AND FURTHER THAT this resolution be forwarded to the Honourable Kathleen Wynne, Premier of Ontario, The Honourable Madeleine Meilleur, Minister of Community Safety & Correctional Services, The Honourable John Gerretsen, Attorney General of Ontario and all other municipalities in Ontario.” Resolution #C-015-14 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from the Town of Fort Frances, with respect to support for proposed billing model for Police Services, be received for information. “CARRIED” D - 9 John R. O’Toole, MPP, Durham, requesting Council’s support of a Private Members’ Bill to increase fines and institute demerit points for those found guilty of distracted driving; advising this Bill has passed second reading in the Legislature and that he supports this effort to enhance road safety; indicating that he is aware of at least one petition in support of this initiative that has already gained thousands of signatures; and, requesting that Council consider endorsing the following resolution: “WHEREAS the advent of smartphones and other handheld devices has made the issue of distracted driving one with significant road safety consequences; AND WHEREAS the use of a handheld device while behind the wheel of an automobile increases the probability of having an accident by 23 times; NOW AND THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Clarington supports the bipartisan efforts of a number of MPPs at the provincial legislature to amend the Highway Traffic Act and regulations to include demerit points as one of the consequences flowing from a conviction for distracted driving and request that the Minister of Transportation take immediate action to address this issue; AND THAT a copy of this resolution be sent to the Premier, the Minister of Transportation, and all local area MPPs. Council Meeting Minutes - 17 - January 13, 2014 Resolution #C-016-14 Moved by Councillor Traill, seconded by Councillor Woo WHEREAS the advent of smartphones and other handheld devices has made the issue of distracted driving one with significant road safety consequences; AND WHEREAS the use of a handheld device while behind the wheel of an automobile increases the probability of having an accident by 23 times; NOW AND THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Clarington supports the bipartisan efforts of a number of MPPs at the provincial legislature to amend the Highway Traffic Act and regulations to include demerit points as one of the consequences flowing from a conviction for distracted driving and request that the Minister of Transportation take immediate action to address this issue; AND THAT a copy of this resolution be sent to the Premier, the Minister of Transportation, and all local area MPPs. “CARRIED” D - 10 Preet Khurana advising that the deadline for submission of public comments for the Clarington Wind Farm project is January 17, 2014; expressing concern that due to timing of the EBR posting, which occurred during the holiday season when residents were impacted by the ice storm and resulting power outages, the community is struggling to meet the th January 17 deadline to make meaningful and detailed comments based on the finalized reports; indicating the proponent has made amendments to the majority of the fourteen initial reports in excess of 1,400 pages in total; and, requesting Council’s assistance in requesting that the Ministry of the Environment extend the public comment window to a later date. Mr. Khurana indicated that the community would be very grateful if Council could reiterate their position on the proposed wind farm within the public comment window. Resolution #C-017-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the Municipality of Clarington request the Ministry of Environment to extend the public comment period for the Clarington Windfarm, EBR 012-0615 to , February 7,2014 given the issues the residents have had in being able to access the electronic documents during the ice storm and recovery period; and Council Meeting Minutes - 18 - January 13, 2014 THAT this resolution be sent to the Minister of Environment, Jim Bradley, the Director of the Environmental Approval Branch, Agatha Garcia-Wright, and the Director of the Environmental Approvals Access and Service Integration Branch, Doris Dumais. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 6, 2014 Resolution #C-018-14 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of January 6, 2014 be approved, with the exception of Items #7, #8, #10 and #12. “CARRIED” Councillor Neal declared a perceived pecuniary interest with respect to Item 7 of Report #1, as he is a member of the Rotary Club of Courtice and left the Council Chambers during discussion and voting on this matter. Item 7 Resolution #C-019-14 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be directed to prepare a report on the cost of removal and replacement of street banners in Courtice under the Courtice Community Improvement Plan funding, including opportunities to pursue funding partnerships. “CARRIED” Councillor Neal returned to the meeting. Council Meeting Minutes - 19 - January 13, 2014 Item 12 Resolution #C-020-14 Moved by Councillor Partner, seconded by Councillor Traill THAT the sidewalk snow clearing fees owed to the Municipality by residents in accordance with the Snow Clearing By-law 93-144, for the period of December 20, 2013, to January 4, 2014, inclusive, be waived. “CARRIED” Item 8 Resolution #C-021-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report CSD-001-14 be received; THAT a dedicated program space be provided within the vacated space, for the Clarington Older Adults Association (COAA) mutually agreed upon between the Clarington Public Library Board, the COAA, and the Director of Community Services, being not less than 500 square feet, until such time as other dedicated space within the Courtice Community Complex can be obtained; and THAT all interested parties listed in Report CSD-001-14 be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Hooper  Councillor Neal  Councillor Novak  Councillor Partner  Councillor Traill  Councillor Woo  Mayor Foster  Council Meeting Minutes - 20 - January 13, 2014 Item 10 Resolution #C-022-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report CLD-001-14 be received; THAT the correspondence from the Town of Ajax regarding a petition regarding Regional Council Representation be received for information; and THAT all interested parties listed in Report CLD-001-14 be advised of Council’s decision. “CARRIED LATER IN THE MEETING” Councillor Neal attempted to introduce an amendment to Resolution #C-022-14 to support the Town of Ajax’s resolution regarding Regional Council representation. Mayor Foster ruled that the amendment would be contrary to the main motion. Councillor Neal appealed the ruling of the Chair. The question “Will the ruling of the Chair be sustained?” was put to a vote and CARRIED 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  Council Meeting Minutes - 21 - January 13, 2014 Resolution #C-022-14 was then put to a vote and “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  STAFF REPORT(S) Report ESD-001-14 – Ontario Disaster Relief Assistance Program Resolution #C-023-14 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report ESD-001-14 be received; THAT, whereas the Municipality of Clarington recently experienced an ice storm commencing on December 21, 2013, and has experienced substantial damage to municipal property and infrastructure, the Council of the Municipality of Clarington hereby requests the Minister of Municipal Affairs and Housing to declare the entire area of the Municipality of Clarington (612 square kilometres) a “disaster area” for the purposes of the public component of the Ontario Disaster Relief Assistance Program (ODRAP); THAT an application be submitted to the Ministry of Municipal Affairs and Housing for assistance through the ODRAP; and THAT the resolution be circulated to John O’Toole, MPP, Durham, Erin O’Toole, MP, Durham and the Regional Municipality of Durham Region. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motions) Council Meeting Minutes - 22 - January 13, 2014 Resolution #C-024-14 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-023-14 be amended to add the following paragraph: “THAT staff be requested to prepare a report on the Emergency Response to the ice storm from a standpoint of all emergency services and utilities.” “CARRIED LATER IN THE MEETING” (See following motion) Resolution #C-025-14 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-023-14 be divided to vote on the original motion as presented separately from the amendment. “CARRIED Paragraphs 1, 2, 3 and 4 of Resolution #C-023-14 were then put to a vote and CARRIED. Paragraph 5 of Resolution #C-023-14 was then put to a vote and CARRIED. Report LGL-002-14 – 2699 Regional Road No. 14, Clarington, Old Community Hall, Village of Tyrone Resolution #C-026-14 Moved by Councillor Traill, seconded by Councillor Woo THAT the recommendations contained in Confidential Report LGL-002-14 be approved. “CARRIED LATER IN THE MEETING” (See following motion) Council Meeting Minutes - 23 - January 13, 2014 Resolution #C-027-14 Moved by Councillor Neal, seconded by Councillor Traill 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 a proposed or pending acquisition or disposition of land by the municipality or local board. “CARRIED” The meeting reconvened in open session at 8:55 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. Resolution #C-026-14 was then put to a vote and CARRIED. UNFINISHED BUSINESS Resolution #C-028-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT the presentation by Dietmar Reiner, Senior Vice President, Nuclear Refurbishment, Ontario Power Generation, be received with thanks. “CARRIED” BY-LAWS Resolution #C-029-14 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2014-001 and 2014-002 2014-001 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Brookfield Homes (Ontario) Limited) 2014-002 Being a By-law to assume and dedicate certain lands throughout the Municipality of Clarington as public highways; and THAT the said by-laws be approved. “CARRIED” Council Meeting Minutes - 24 - January 13, 2014 PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Woo questioned whether there was anything further that staff could do to help residents with the clean-up of branches from the ice storm. The Director of Operations confirmed the options available to residents, advised that this is the second day for the Region’s special yard waste pick-up and that staff have requested the Region to arrange additional pick-ups. Councillor Hooper suggested that information regarding the disposal of branches be communicated through municipal electronic messaging boards at municipal facilities. Councillor Neal questioned the types of trees that were damaged and the species of replacement trees. 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-030-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT leave be granted to introduce By-law 2014-003, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 13 day of January, 2014; and THAT the said by-law be approved. “CARRIED” Council Meeting Minutes - 25 - January 13, 2014 Councillor Neal returned to the meeting. ADJOURNMENT Resolution #C-031-14 Moved by Councillor Neal, seconded by Councillor Partner THAT the meeting adjourn at 9:08 p.m. "CARRIED" M YO U P L CLERK