Loading...
HomeMy WebLinkAbout04-28-2014 Council Meeting Minutes APRIL 28, 2014 Minutes of a regular meeting of Council held on April 28, 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, attended until 10:51 p.m. Councillor M. Novak Councillor W. Partner, attended until 10:51 p.m. Councillor C. Traill Councillor W. Woo Also Present: Acting Chief Administrative Officer, Director of Corporate Services and Human Resources, M. Marano 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 Parks Supervisor, B. Genosko Deputy Treasurer, L. Gordon Communications Co-ordinator, J. Vreeker, attended until 7:45 p.m. Director of Emergency Services/Fire Chief, G. Weir Deputy Clerk, A. Greentree Administrative Assistant to the Municipal Clerk, C. Fleming DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Items #13 and #35 of Report #1. Councillor Partner indicated that she would be declaring a pecuniary interest with respect to Item #39 of Report #1. ANNOUNCEMENTS Councillor Partner announced the following:  Newcastle Lions Club Annual Chicken BBQ, Sunday May 4, 2014, at the Newcastle Community Hall, 5:00 p.m. and 6:30 p.m. Ticket information is available by e-mailing twbroadfoot@sympatico.ca Council Meeting Minutes - 2 - April 28, 2014  Newcastle will be hosting the “Newcastle’s of the World” in 2016. Jen Stycuk has headed to the Czech Republic to represent Newcastle, Ontario and to bring back information on hosting the event  Update on Ice Storm Clean-up Clean-up of brush and tree branches continues across the Municipality, o 90% of the clean-up is expected to be completed within the next five days Residents can still drop branches and brush off at Clarington Fields until o May 2, 2014, place yard waste at the curb as per the Regional Waste Calendar or call the Regional Yard in Orono for materials on Regional Roads Municipal staff will pick up brush on municipal roads as soon as possible o Starting May 1, 2014, over 200 tonnes of woodchips will be available to o residents at Clarington Fields Staff continue to patch and sweep roads, pick-up garbage, and maintain o roads and road signs due to frost damage Operations staff thank residents for their patience and support during the o clean-up operation  Annual free compost event on April 26, 2014, over 500 cars attended and 17 baskets of non-perishable food items and donations were collected for the Salvation Army  Many Clarington groups and individuals completed clean-ups to coincide with Pitch-In Week, Orono Firefighters Association cleaned up the Sid Rutherford Traill  St. Saviours Anglican Church Giant Yard Sale and Bazaar on May 7, 2014, 8:00 a.m. to 12:00 noon  Orono Horticultural Society Plant and Yard Sale on May 10, 2014, from 8:30 a.m. to 12:00 noon, 61 Irwin Road, Orono  th 4 Annual “In the Face of an Angel” Golf Tournament, May 25, 2014, at Cider House Golf, proceeds in support of ovarian cancer research. To date, $19,305 has been raised. Register by visiting www.inthefaceofanangel.ca Councillor Traill announced the following:  Focus on Samuel Wilmot Nature Area Photo Contest is accepting entries until May 5, 2014. Finalists will be showcased at the Visual Arts Centre of Clarington  Bethesda House Annual Dinner and Auction, May 15, 2014  Harold Longworth Public School MusiCounts Band Aid Grant Celebration on Tuesday, May 6, 2014 Councillor Woo announced the following:  District 17 Annual General Meeting hosted by the Newcastle District Horticultural Society, Saturday, May 3, 2014, 9:30 a.m. featuring guest speaker James Graham, President, Ontario Horticultural Association Council Meeting Minutes - 3 - April 28, 2014  2014 Mandarin MS Multiple Sclerosis Walk, May 4, 2014, commencing at the Garnet B. Rickard Recreation Complex at 8:00 a.m.  May is "MS Awareness" Month Councillor Hooper announced the following:  Historic Downtown Bowmanville’s Annual Maple Festival and All that Jazz, May 3, 2014, 9:00 a.m. to 5:00 p.m.  th 16 Annual Clarington Board of Trade Annual General Meeting and Business Awards, April 24, 2014, recognized the following award recipients: Business Choice Award - Dom's Auto Co. o Local Economic Impact Award - Ontario Power Generation o Leaders in Environmental Innovation Award - St. Marys Cement o Youth Entrepreneur Award - Nicole McGarry, Toasted Walnut o  New YouTube video "Clarington Shaping Your Every Day"  Clarington Safe Communities Committee hosted a Clean-up in Ward 2 on Saturday, April 26, 2014  Clarington Older Adults Association is offering satellite programming in Newcastle to adults 50 years of age and older. For further information or to register visit www.claringtonolderadults.ca  Spring Fair May 8 to 11, 2014, sponsored by the Kinsmen Club of Bowmanville at the Garnet B. Rickard Recreation Complex Councillor Neal announced the following:  He assisted students of Holy Trinity Catholic Secondary School with a clean-up on April 23, 2014, and also thanked all the students who assisted the Rotary Club clean-up at the Garnet B. Rickard Recreation Complex  He also participated in a clean-up sponsored by Friends of the Farewell in cleaning up the Tooley Mill site Councillor Novak announced the following:  She expressed appreciation to all the Community groups who participated in clean-ups during PITCH-IN Week  She participated in a clean-up in Hampton on April 26, 2014  CLOCA is seeking volunteers to assist with Earth Day tree planting at Sanderson Tract, north section of Enniskillen Conservation, Area on May 3, 2014, from 9:00 a.m. to noon. Further information is available at www.cloca.ca  Durham Transit Master Plan Public Meeting, Bowmanville Public Library, April 29, 2014, 11:00 a.m. to 7:00 p.m., Newcastle Public Library, April 30, 2014, 11:00 a.m. to 7:00 p.m. An additional public meeting has been requested for Courtice  Municipality of Clarington Master Plan Public Information Session, April 29, 2014, 6:00 p.m. to 8:00 p.m. in the Council Chambers Council Meeting Minutes - 4 - April 28, 2014  April 29, 2014, 6:00 p.m. to 8:30 p.m., Central County Tourism Planning Session for Marketing Profiles and Defining Tourism  April 30, 2014, 6:30 p.m. to 7:30 p.m., 3rd Bowmanville Scouts Valleylands Clean-up  May 1, 2014, “How to Leverage Culinary Tourism to Grow Festivals or Events in Durham Region” at Ocala Orchards  May 3, 2014, 2:00 p.m. to 4:00 p.m. Ribbon-cutting ceremony for Just Teasing Hair Salon in Courtice  Cycling in Clarington announcement will be forthcoming identifying dedicated bike routes, bike lanes and public transit. Watch the website for details. Mayor Foster announced the following:  April 30, 2014, grand opening of CIMA+ at 11:00 a.m., King Street and Division Street, Bowmanville  30th Anniversary Celebration of Denise House, April 30, 2014, 6:00 p.m. at the Jubilee Pavilion  May 1, 2014, Clarington Green Gaels Season Opener  Thanks to Walsh’s Snug for assisting in the video prepared for the Newcastle’s of the World Summit  Staff retirements - Frank Azevedo, Edie Hopkins and Jerry Barber  Day of Mourning, April 28, 2014, in recognition of those killed or injured on the job Resolution #C-165-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Rules of Procedure be suspended. “CARRIED” Resolution #C-166-14 Moved by Councillor Woo, seconded by Councillor Partner THAT James Campbell and Craig Ryan, Visual Arts Centre of Clarington and Ann Marie Harley and Gary Blake, A Gift of Art, be added to the Agenda as Presentation (b). “CARRIED” Council Meeting Minutes - 5 - April 28, 2014 Resolution #C-167-14 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council April 7, 2014, be approved. “CARRIED” PRESENTATIONS Mayor Foster presented Congratulatory Certificates to Gavin Simionato, Jacob Therrien, Denis Ardagh, Nicholas Dobbs, Mitchell McQuillan, Ben Stycuk, Ethan Turner, Charlie Vanhaverbeke, Carson Kerr, and Brody Borutskie, Members of the Newcastle Novice Rep Stars Hockey Team - OMHA CC East 2013-2014 Season Champions who were in attendance at tonight’s meeting, and to Head Coach Jeff Vanhaverbeke, Assistant Coach Ian Borutskie, and Trainer Joe Therrien. Mayor Foster also recognized Keenan Cochrane, Declan Bowmaster, Cole Rypstra, Assistant Coach Lee Stycuk, Manager Steve Rypstra, and Assistant Trainer Shawn Cochrane who were unable to attend. Mayor Foster presented cheques, each in the amount of $10,431.15, representing the proceeds from the 2014 Mayor’s Gala “For the Love of Art”, to James Campbell and Craig Ryan of the Visual Arts Centre of Clarington and to Ann Marie Harley and Gary Blake of A Gift of Art. Mayor Foster was presented with a gift of pottery. DELEGATIONS Amicie Davies addressed Council concerning Correspondence Item D - 6 - Petition against construction of a sidewalk on the east side of Prestonvale Road between Meadowglade Road and Glenabbey Drive. Ms. Davies stated she was representing the owners affected by the construction of the sidewalk abutting their properties who are opposed to it. Ms. Davies indicated that a precedent has been set in that 70-75% of the homes on the east side of Prestonvale Road going south were without sidewalks and these homes consist of both older and newer construction. She noted the majority of subdivisions abutting Prestonvale Road have a sidewalk on one side of the street only. Ms. Davies questioned if this sidewalk is constructed, will sidewalks then be constructed on both sides of all roads in subdivisions in the future. She feels the subdivision is well served with the one sidewalk on the west side of Prestonvale Road and as there are two safe crossing points at each intersection. Ms. Davies expressed concern that the construction of the sidewalk will force on-street parking which is dangerous to both drivers and pedestrians. She acknowledged that while some residents were aware of the proposed sidewalk, no one realized how close the sidewalk would be to their properties. Ms. Davies requested that if Council would not revoke the decision to construct the sidewalk, that they consider constructing the sidewalk closer to the road. Council Meeting Minutes - 6 - April 28, 2014 Doug Taylor, Member, Enniskillen Environmental Association (EEA), addressed Council concerning Correspondence Item D - 7 - Clarington Transformer Station. Mr. Taylor thanked Council, on behalf of the EEA, for support received to date, indicating he was here this evening to advise of three misleading statements made by representatives of Hydro One at the March 24, 2014, Council meeting. Mr. Taylor distributed two documents entitled “Clarington TS Hydrogeology Cross-Section S1” and Clarington TS Hydrogeology Cross-Section S2” taken from Hydro One’s ESR. He challenged statements previously made regarding the containment system, the soil and recharge and discharge areas and referenced information contained in the Stantec Report and Davies & Holyish documents. Mr. Taylor expressed concern that Hydro One has presented misleading information throughout the project development. He questioned why the Ministry of the Environment did not consider the G360 report when making their decision and feels that the approval process has failed the public. Mr. Taylor stated the project must be relocated to an industrial area. He noted that while Hydro One has indicated that new wells would be dug should existing wells be contaminated, he questioned the logic of the statement and also questioned the costs of bringing municipal water to the area as suggested by Hydro One. Mr. Taylor feels there must be some form of recourse available to the public when a project that is this dangerous and puts so many people at risk and urged Council to adopt a by-law that will support, complement or exceed the current policies of the Oak Ridges Moraine Conservation Plan. Further, Mr. Taylor requested Council to be more vocal with their support. Clint Cole, Member, Enniskillen Environmental Association (EEA), addressed Council concerning Correspondence Item D – 8 - Clarington Transformer Station indicating that further to Council’s resolution of March 17, 2014, to support the EEA and Group 360 to a conduct a site peer review of the site, Hydro One has refused to provide any funding for a review and have publicly announced their refusal to grant access to the site as requested by Council. Mr. Cole summarized the findings of the August 2013 desktop review of the Hydro One ESR indicating that the results with respect to the impact and monitoring of water in the area are inadequate, and the information in the report was not based on the advances and methods in data analysis that have occurred in the hydrogeology profession in the past few decades. Mr. Cole stated that Dr. Cherry, Group 360, had addressed concerns to the Minister of the Environment and received a reply outlining conditions imposed by the Minister including the formation of a Community Liaison Committee. Mr. Cole indicated as the site is located on the Oak Ridges Moraine where the geology is complex and the detailed nature of the aquifers is poorly understood, an improved understanding would serve to inform local residents and government agencies not only about the local potential groundwater impacts of a transformer station, but provide a hydrogeological resolution to be used in investigation of other projects. Mr. Cole stated the EEA is requesting Council to grant approval to Group 360 to use the Townline Road road allowance to conduct the review. Mr. Cole reiterated that the residents will hold Hydro One and the Ministry of the Environment liable for any adverse impacts. Council Meeting Minutes - 7 - April 28, 2014 Resolution #C-168-14 Moved by Councillor Neal, seconded by Councillor Partner THAT the delegation of Clint Cole be extended for an additional two minutes. “CARRIED” Mr. Cole provided an overview of a proposal for the Detailed Hydrogeological Assessment of the South Slope of the Oak Ridges Moraine. He confirmed that the EEA was not requesting additional funding but that the Municipality could use the proposal as leverage in the future. Mr. Cole stated it is anticipated that Stage 1 of the proposal including the drilling, geological sampling and geophysical logging will commence in June with an expectation to be completed by the end of July. Resolution #C-169-14 Moved by Councillor Neal, seconded by Councillor Woo THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:55 p.m. Resolution #C-170-14 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Rules of Procedure be suspended. “CARRIED” Resolution #C-171-14 Moved by Councillor Novak, seconded by Councillor Woo THAT the Order of the Agenda be altered to consider Correspondence Item D – 8 at this time. “CARRIED” Council Meeting Minutes - 8 - April 28, 2014 CORRESPONDENCE FOR DIRECTION D - 8 Clint Cole, Member, Enniskillen Environmental Association (EEA), writing further to Council’s support in approving a $25,000 expenditure to fund a peer review of the proposed Clarington Transformer Station to be conducted by Group 360, University of Guelph; advising that following Hydro One’s publicly stated refusal to allow access to the proposed site for the peer review analysis, the EEA is requesting Council to grant Group 360 permission to use the Townline Road allowance property for the peer review; and, indicating that Dr. Cherry of Group 360 has suggested that the peer review may leverage further federal and provincial agency funding to develop complete and thorough scientific analysis of this understudied area of the Oak Ridges Moraine and supply important information that could be provided to the Ministry regarding a review of the decision on this site. Resolution #C-172-14 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS on March 3, 2014 Council resolved to write to Hydro One and request that the Enniskillen Environmental Association and their consultant, Group 360, be allowed access to the proposed Clarington Transformer Site to perform an independent hydrological study and authorized payment of up to $25,000 for the study; and WHEREAS in its delegation to Council on March 24, 2014, Hydro One stated that it would not allow Group 360 access to its property for such purpose; and WHEREAS the Enniskillen Environmental Association has now requested that Council grant Group 360 permission to use a portion of the unopened Townline Road road allowance in order to undertake an independent analysis of the potential hydrogeologic impacts of the proposed Clarington Transformer Station; WHEREAS Council supports the Association’s desire to undertake further research and is prepared to fund such research to a maximum of $25,000, provided the work is undertaken outside of the area required for the station access road in order to avoid the significant additional social, environmental and financial impacts that would be associated with the relocation of the access road to a location running west off of Langmaid Road; and WHEREAS the University of Guelph professors Dr. Beth Parker, Dr. Jana Levison and Dr. John Cherry submitted a proposal dated April 27, 2014 outlining the scope of work for a research project valued at approximately $250,000. Council Meeting Minutes - 9 - April 28, 2014 NOW THEREFORE BE IT RESOLVED: 1. THAT the University of Guelph Group 360 be granted permission to access that portion of the Townline Road road allowance north of Part 3 on Plan 40R- 28285 for the purpose of undertaking an independent long term groundwater monitoring assessment in the vicinity of the proposed Clarington Transformer Station generally in accordance with the terms of reference provided by Dr. Beth Parker dated April 27,2014; 2. THAT Council provide the University of Guelph a maximum of $25,000 to fund the research undertaken by Group 360 within the road allowance; and 3. THAT such research be funded with a transfer from the 2013 Donations Account to the ConsultingReserve. “CARRIED AS AMENDED LATER IN THE MEETING” (See following motions) Resolution #C-173-14 Moved by Councillor Neal, seconded by Councillor Traill THAT Part 1 the foregoing Resolution #C-172-14 be amended by replacing the words “north of Part 3 on Plan 40R-28285” with the words “which is within the Oak Ridges Moraine”; and THAT a Part 4 be added as follows: ‘THAT Hydro One’s use of the Townline Road allowance shall not interfere with this assessment.’ “CARRIED LATER IN THE MEETING (See following motions) Resolution #C-174-14 Moved by Councillor Hooper, seconded by Councillor Novak THAT the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-173-14 a second time. “CARRIED” Council Meeting Minutes - 10 - April 28, 2014 The foregoing resolution #C-173-14 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 √ The foregoing Resolution #C-172-14 was then put to a vote and CARRIED AS AMENDED 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 √ COMMUNICATIONS Resolution #C-175-14 Moved by Councillor Neal, seconded by Councillor Novak THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 7 and I - 9. “CARRIED” I - 1 Minutes of the Clarington Accessibility Advisory Committee dated March 5 and April 2, 2014 I - 2 Minutes of the Newcastle Memorial Arena Management Board dated March 18, 2014 I - 3 Minutes of the Ganaraska Region Conservation Authority dated March 20, 2014 Council Meeting Minutes - 11 - April 28, 2014 I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 8, 2014 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated April 15, 2014 I - 6 Minutes of the Agricultural Advisory Committee of Clarington dated April 10, 2014 I - 8 Minutes of the Clarington Safe Communities Advisory Committee dated March 20, 2014 I - 10 Debi A. Wilcox, Town Clerk, Town of Whitby, advising Council that on March 31, 2014, the Town of Whitby adopted the following resolution pertaining to 2014 Community Waste Events: “1. THAT Council approve Public Works Department co-hosting a Compost Giveaway event with the Region of Durham on Saturday, May 3, 2014; and, 2. THAT Council approve Public Works Department co-hosting a Hazardous Waste and Electronic Waste Collection event with the Region of Durham on Saturday, October 4, 2014; and, 3. THAT a copy of Public Works Department Report PW 10-14, regarding the “2014 Community Waste Events” be forwarded to the Region of Durham and the Area Municipalities.” I - 11 Association of Municipalities of Ontario (AMO) Communication advising that the Honourable Kathleen Wynne, Premier of Ontario, announced on April 14, 2014, funding of $29 billion over ten years for transit in the Greater Toronto and Hamilton Area (GTHA) and transportation infrastructure across Ontario through the creation of two funds - $15 billion for GTHA transit and $14 billion for transportation in the rest of Ontario to support investments in priority infrastructure projects across the province such as public transit, roads, bridges and highways; advising that AMO supports better transit and raised questions regarding equity for communities outside the GTHA and the impact of potential revenue tools on residents and community competitiveness; indicating that the Province is seeking to ensure transparent revenue allocation for GTHA transit and transportation infrastructure outside of the region; and, advising that further details will be announced in the Ontario budget and that AMO will update members following the May 1 Budget Day. Council Meeting Minutes - 12 - April 28, 2014 I - 12 Gord Geissberger, Coordinator, Marketing & Communications, Central Lake Ontario Conservation Authority (CLOCA), announcing that on May 3, 2014, the public is invited to attend a free event at the Sanderson Tract, part of the north section of Enniskillen Conservation Area from 9:00 a.m. to noon to help plant over 2,000 native trees in celebration of Earth Day and to transform a regenerating meadow into forest habitat for wildlife and enhance water quality; and, requesting participants to register at www.cloca.com or by calling 905-579-0411, ext. 142. I - 9 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, writing to the Honourable John Milloy, Government House Leader and Minister of Government Services, expressing concerns with several provisions of Bill 179, The Public Sector and MPP Accountability Act, particularly duplication of activities already in place at the municipal level; advising that changes seem premature and disrespectful of municipal autonomy in view of the lack of consultation on this matter at the Provincial-AMO MOU table; and, suggesting that the Province refrain from unnecessarily duplicating municipal services. Councillor Novak temporarily left the meeting. Resolution #C-176-14 Moved by Councillor Neal, seconded by Councillor Traill THAT Correspondence Item I – 9, from Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, with respect to Bill 179, The Public Sector and MPP Accountability Act, be referred to staff for a report. “CARRIED” Councillor Novak returned to the meeting. I - 7 Minutes of the Clarington Heritage Committee dated April 15, 2014 Resolution #C-177-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT the minutes of the Clarington Heritage Committee dated April 15, 2014, be received for information. “CARRIED” Council Meeting Minutes - 13 - April 28, 2014 CORRESPONDENCE FOR DIRECTION Resolution #C-178-14 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 5 be approved as per the Agenda. “CARRIED” D - 1 Councillor Mac Bain, City of North Bay, Wayne Smith, Chair, 100 Year Celebration Committee, Board of Funeral Services, and Yves Berthiaume, Chair, Board of Funeral Services, advising that on May 6, 2014, funeral service in Ontario will celebrate 100 years as a licensed profession; and, requesting Council to proclaim May 4 to 11, 2014, as “Funeral Professionals Week” in support of the valued initiatives, accomplishments and contributions of licensed funeral professionals throughout the years. (Proclaimed) D - 2 Sheila Nicholas, Chair, Teachers of English as a Second Language Association of Ontario (TESL), requesting the week of October 12 to 18, 2014, be proclaimed “English as a Second Language Week” in Clarington; and, inviting Members of Council to participate in their annual conference “Integrating Language and Transcending Boundaries” to be held October 16 to 18, 2014, providing professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens and visitors making it possible for them to learn the English language. (Proclaimed) D - 3 Stephen Covey, President, Operation Lifesaver, advising that Canada’s Public – Rail Safety Week will be held from April 28 to May 4, 2014 to raise rail safety awareness and to highlight the ongoing commitment of the rail industry, its member companies and their employees to make the rail network even safer; and, requesting that April 28 to May 4, 2014, be proclaimed “Public-Rail Safety Week” to raise public awareness on reducing avoidable accidents, injuries and damage caused by collisions at level crossings or incidents involving trains and citizens. (Proclaimed) Council Meeting Minutes - 14 - April 28, 2014 D - 4 Dr. Ted Tandan, President-Elect, Ontario Medical Association (OMA), advising that on May 1, 2014, the OMA will launch a public campaign to showcase the work of physicians in patient care, research, education and health system transformation; inviting members of the public to celebrate Doctors’ Day by submitting a thank-you note to their doctor through www.ontariosdoctors.com or by tweeting #thanksdoc; providing a Doctors’ Day Toolkit with a downloadable Doctors’ Day poster, key messages, sample tweets and release, fast facts about doctors and other information; and, requesting that May 1, 2014, be proclaimed “Doctors’ Day” to recognize the extraordinary contributions made by Ontario doctors in the health care system. (Proclaimed) D - 5 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury Clinic, requesting permission to stage the 2014 Terry Fox Run on Sunday, September 14, 2014, and requesting to hang the Terry Fox Run/Walk banner at the west end of Bowmanville at the bridge; indicating the five and ten kilometre routes, police and insurance coverage will not differ from 2013; and, that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street east to Lambs Road and north to Highway #2. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department, installation of banner approved and Veridian to be advised) D - 6 Amicie Davies forwarding a petition requesting the abandonment of the construction of a sidewalk along the east side of Prestonvale Road from Glenabbey Drive to Meadowglade Road as the sidewalk will cause extra burden to the older community with snow clearing in the winter and will cause difficulties for homeowners with multiple cars; expressing concern that the positioning of the sidewalk is planned for the most part to be constructed through the middle of their front lawns which is out of proportion to the sidewalks already in place; and, advising a precedent has already be set on the east side of Prestonvale Road north of Glenabbey Drive. Resolution #C-179-14 Moved by Councillor Neal, seconded by Councillor Novak THAT the planned construction of sidewalks on the east side of Prestonvale Road from Glenabbey Drive to Meadowglade Road be cancelled. Following deliberation of the foregoing motion Councillor Novak withdrew as the Seconder. No other Member seconded the motion and therefore the motion was no longer before Council for consideration. Council Meeting Minutes - 15 - April 28, 2014 Resolution #C-180-14 Moved by Councillor Neal, seconded by Councillor Traill THAT staff be directed to locate the sidewalk on the east side of Prestonvale Road from Glenabbey Drive to Meadowglade Road as near to the road allowance as practicable. “CARRIED” D - 7 Doug Taylor, Enniskillen Environmental Association (EEA), expressing concern that on March 24, 2014, Council received a delegation from Hydro One in which he feels erroneous information was presented regarding data stated in the ESR and the Minister of the Environment’s approval of the Clarington Transformer Station; advising he wishes to clarify this information; and, requesting Council to adopt a by-law that will support, complement or exceed the Oak Ridges Moraine Conservation Plan. Resolution #C-181-14 Moved by Councillor Neal, seconded by Councillor Woo THAT staff be directed to write to Hydro One requesting a response to questions raised by Doug Taylor regarding the containment system as outlined in his delegation. “CARRIED” D - 9 The Right Honourable Stephen Harper, Prime Minister of Canada, advising of the proclamation of May 9, 2014, as “National Day of Honour” to mark the end of Canada’s military mission in Afghanistan, to pay tribute to the fallen, the sacrifices of the wounded, the special burden borne by military families and to observe a national moment of silence; encouraging Members of Council to observe a concurrent moment of silence and to participate in community events to honour the legacy of these veterans; and, offering assistance and support to all efforts aimed at making the National Day of Honour an unprecedented success to this historic occasion. Resolution #C-182-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT Correspondence Item D – 9 from The Right Honourable Stephen Harper, Prime Minister of Canada, with respect to “National Day of Honour”, be supported; and Council Meeting Minutes - 16 - April 28, 2014 THAT staff communicate with the Royal Canadian Legion Branch 178 to arrange a ceremony at the Municipal Administrative Centre in front of the Cenotaph. “CARRIED” D - 10 Roger Anderson, Chair, Durham Regional Police Services Board, advising that the Durham Regional Police Services Board adopted the following resolution pertaining to Marihuana for Medical Purposes Regulations – Police Consultation: “Whereas the federal Government introduced the Marihuana for Medical Purposes Regulations to establish a system whereby individuals would access marihuana for medical purposes from licensed producers; And whereas the Regulations provide authority for Health Canada to issue licences to producers of marihuana according to criteria in the Regulations; And whereas the Regulations require that an applicant notify the local police authority of its application to Health Canada to produce marihuana; And whereas there exists no requirement in the Regulations or any formal mechanism for Health Canada to seek or receive input from local police authorities regarding the viability of the application; And whereas there is no requirement in the Regulations for Health Canada to advise local police authorities that a license to produce marihuana has been issued for a facility within its jurisdiction; And whereas the Regulations may impose additional workload on the police to track notifications and conduct background investigations in the absence of formal consultation by Health Canada on licence applications; And whereas the presence of a marihuana production facility in a local community raises community safety concerns; And whereas the views of local police should be a factor in considering whether a licence should be granted or extended; Therefore be it resolved that the Durham Regional Police Services Board request that the Ministry of Health implement a formal process to consult with local police authorities prior to granting or extending a licence to produce marihuana and to advise police authorities that a licence has been issued in its jurisdiction; Council Meeting Minutes - 17 - April 28, 2014 And be it further resolved that this resolution be forwarded to the Big 12 Police Services Boards in Ontario, the Ontario Association of Police Services Boards, the Ontario Association of Chiefs of Police, the Association of Municipalities of Ontario, the Canadian Association of Police Governance, the Federation of Canadian Municipalities, the Canadian Association of Chiefs of Police, Durham Regional Council and local municipal councils, and local MPs and MPPs.” Resolution #C-183-14 Moved by Councillor Traill, seconded by Councillor Partner THAT the resolution from the Durham Regional Police Services Board, with respect to Marihuana for Medical Purposes Regulations – Police Consultation, be received for information. “MOTION LOST” Resolution #C-184-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT the resolution from the Durham Regional Police Services Board, with respect to Marihuana for Medical Purposes Regulations – Police Consultation, be endorsed. “CARRIED” D - 11 Denise Jamal, Manager, Public Affairs, Hydro One Networks Inc., advising Hydro One is preparing for construction of the Clarington Transformer Station later this spring and is moving forward to establish a Community Liaison Committee (CLC) to assist the project team in disseminating and exchanging information about the general design and engineering of the project, scheduling of construction activities, reporting on results of monitoring relative to the project and addressing any issues or concerns raised by members of the Committee; indicating that Hydro One will hold an initial CLC meeting in mid-June and will invite representation and participation from a broad range of agencies and groups having environmental, agricultural, infrastructure, cultural and business interests in the project, including a delegate from the Enniskillen Environmental Association and First Nations; requesting that Council appoint one or two staff, possibly from Planning, Engineering or Transportation and that the Mayor, Ward One Councillor and Regional Councillor Wards One and Two be ex-officio members of the Committee; and, requesting the Municipality’s co-operation in posting meeting dates and locations in the Events Calendar on the municipal website. Hydro One has requested names and contact information for municipal staff representatives be forwarded by May 23, 2014 to Carrie-Lynn Ognibene at Community.Relations@HydroOne.com. Council Meeting Minutes - 18 - April 28, 2014 Resolution #C-185-14 Moved by Councillor Novak, seconded by Councillor Neal WHEREAS on January 2, 2014 the Minister of Environment issued conditions of approval of Hydro One’s request to proceed with the construction of the Clarington Transformer as set out in the Environmental Study; and WHEREAS condition 5.1 stated “The proponent shall be responsible for the formation of a Community Liaison Committee, should members of the public and other parties be interested in participating. The CLC shall be established by the Proponent within 6 months of the Minister’s decision on the Part II Order requests for the Project. The CLC shall be established for the purposes of disseminating and exchanging information and monitoring results relevant to the project during detailed design and construction, and discussing any issues or concerns raised by CLC members.”; and WHEREAS Hydro One has consistently ignored the advice provided to them by Clarington staff with regard to engaging the public; and WHERAS at the March 24, 2014 presentation to Council Hydro One indicated that detailed design and monitoring plans are essentially complete; and WHEREAS Hydro One has demonstrated a lack of willingness to work with the Enniskillen Environmental Association (EEA) denying the request to provide access and work with the Municipality and EEA co-operatively on a monitoring plan; and WHEREAS Council supports open and transparent communication. NOW THEREFORE BE IT RESOLVED, 1. That Council request the draft terms of reference, proposed list of members, role that Ministry of Environment will play and the meeting format including how the meetings will facilitate public input prior to making any staff appointments; and 2. That the Ministry of Environment be informed of the Municipality’s concerns with the lack of clarity of the goal/purpose and ability of the CLC to function productively given Hydro One’s past actions . “CARRIED” Council Meeting Minutes - 19 - April 28, 2014 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report April 14, 2014 Item #3 Resolution #C-186-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Item 3 of Report #1 – Report PSD-021-14, be referred to Staff Report #1. “CARRIED” Resolution #C-187-14 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of April 14, 2014 be approvedwith the exception of Items #13, #15, #35 and #39. , “CARRIED” Item #15 Resolution #C-188-14 Moved by Councillor Woo, seconded by Councillor Partner THAT Grant Application #14-10, Newcastle BIA (Harvest Festival), be approved in the amount of $2,500.00. “MOTION LOST” Resolution #C-189-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT Grant Application #14-10, Newcastle BIA (Harvest Festival), in the amount of $2,500.00 be denied. “CARRIED” Councillor Neal declared a pecuniary interest with respect to Item 13 of Report #1 as his wife is a member of the Friends of the Farewell Black Creeks, and Item 35 of Report #1 as he is a member of the Board of Directors of Home Base Durham and left the Council Chambers during discussion and voting on these matters. Council Meeting Minutes - 20 - April 28, 2014 Item #13 Resolution #C-190-14 Moved by Councillor Novak, seconded by Councillor Hooper THAT Grant Application #14-08, Friends of the Farewell Black Creeks, be denied. “CARRIED” Item #35 Resolution #C-191-14 Moved by Councillor Novak, seconded by Councillor Traill THAT Grant Application #14-31, Home Base Durham, be approved in the amount of $2,500.00. “CARRIED” Councillor Neal returned to the meeting. Councillor Partner declared a pecuniary interest with respect to Item 39 of Report #1 as she is a member of the Bethesda Cemetery Board and left the Council Chambers during discussion and voting on this matter. Item #39 Resolution #C-192-14 Moved by Councillor Traill, seconded by Councillor Novak THAT Grant Application #14-25, Bethesda Cemetery Board, be approved in the amount of $750.00. “CARRIED” Councillor Partner returned to the meeting. Council Meeting Minutes - 21 - April 28, 2014 STAFF REPORT(S) Addendum to PSD-021-14 - To Permit the Construction of an LCBO Retail Store Courtyard Property Investments Inc. Resolution #C-193-14 Moved by Councillor Novak, seconded by Councillor Neal THAT Report PSD-021-14 be received; THAT Addendum to Report PSD-021-14 be received; THAT the Zoning By-law application, submitted by Courtyard Property Investments Inc. to permit the construction of an LCBO retail store, be approved with a ‘Holding (H) Symbol’ as contained in Attachment 3 to Addendum to Report PSD-021-14; THAT a by-law be forwarded to Council to lift the ‘Holding (H) Symbol’ at such time as the requirements contained in Section 3.9 of the Addendum to Report PSD-021-14 have been completed to the satisfaction of the Directors of Planning Services and the Director of Engineering Services; THAT the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation be forwarded a copy of the Addendum to Report PSD-021-14 and Council’s decision; and THAT all interested parties listed in Addendum to Report PSD-021-14 and any delegations be advised of Council's decision. “CARRIED” UNFINISHED BUSINESS There was no unfinished business considered under this Section of the Agenda. BY-LAWS Resolution #C-194-14 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2014-043 to 2014-045 2014-043 Being a By-law to appoint a Municipal Clerk and to amend By-law 2001-125 2014-044 Being a By-law to amend By-law 2007-209, being a by-law to authorize the establishment of Optional Pre-Authorized Payment Plans for Taxes Council Meeting Minutes - 22 - April 28, 2014 2014-045 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle; and THAT the said by-laws be approved. "CARRIED" OTHER BUSINESS There was no other business considered under this Section of the Agenda. PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. Councillor Neal and Councillor Partner stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. CONFIRMING BY-LAW Resolution #C-195-14 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2014-046, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 28th day of April, 2014; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-196-14 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting adjourn at 10:52 p.m. "CARRIED" jP I A/z YO P' Y L k