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HomeMy WebLinkAbout07-07-2014 Council Meeting Minutes July 7, 2014 Minutes of a regular meeting of Council held on July 7, 2014 at 7:00 p.m. in the Council Chambers. Councillor Neal 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 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 Finance, N. Taylor Communications Co-ordinator, J. Vreeker, attended until 7:30 p.m. Director of Emergency Services/Fire Chief, G. Weir Municipal Clerk, A. Greentree Administrative Assistant to the Municipal Clerk, C. Fleming DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to the delegation of Kelvin Whalen, Item 9 of Report #1, and By-laws 2014- 079 and 2014-080. ANNOUNCEMENTS Councillor Hooper announced the following:  St. John’s Anglican Church old fashioned “Strawberry Social”, July 9, 2014, 11:00 a.m. to 2:00 p.m.  July 10, 2014, Concerts in the Park featuring Little Peter and the Elegants, at Rotary Park Council Meeting Minutes - 2 - July 7, 2014  37 teams from the Bowmanville site participated in the 2013 Terry Fox Run raising a total of $56,111.36, moving Clarington back into one of the top ten positions  Public Information Centre for Bowmanville Marsh Habitat Restoration Project, (Phase 1 – Aquatic Habitat Restoration), July 10, 2014, 6:30 p.m. to 8:00 p.m. upstairs at Bobby C’s Dockside Restaurant  Junior Tennis Camp, Bowmanville Tennis Club, July 7 to 11, 2014 Councillor Hooper extended congratulations to Carlos Salazar, Manager of Community Planning and Design and Amy Bourke, Sustainable Development Co- Ordinator for their contributions to a series of articles published in the Better Builder Magazine featuring the Municipality’s Priority Green Clarington initiative, particularly the Green Demonstration Project component. He also extended appreciation to the Clarington Board of Trade for the excellent job they are doing in promoting Clarington. Councillor Neal thanked staff of the Engineering Services Department for the design and construction of the Tooley’s Mill Park. He noted members of the Tooley family were on hand for the park’s official opening including Chris Tooley, grandson of the mill owner, and his daughter Jane Blakely. Councillor Novak announced the following:  Courtice Family Concerts in the Park featuring Meghan Patrick, Wednesday, July 9, 2014, from 7:00 p.m. to 9:00 p.m., at the new Tooley’s Mill Park, 71 Old Kingston Road, Courtice  Edwardian Afternoon Tea, July 9, 2014, Bowmanville Museum, 12:00 noon to 3:00 p.m. Councillor Novak extended appreciation to the Clarington Board of Trade for their efforts in the municipality being mentioned in several business/trade publications. Councillor Partner thanked the Ultimate Rodeo, the Orono Fair Grounds Board, Brad Found and Todd Graves for the success of the rodeo held at the fairgrounds on July 5 and 6, 2014. Councillor Partner announced the following:  Boots & Hearts-Themed Contest winners – Valerie Sloos, winner of two premium passes and A Gift of Art, Newcastle - best decorated window, winner of four passes, and Geek Girl Media, Orono - best decorated window, winner of four passes. She noted the name of the winner of the two premium passes in Orono has yet to be drawn.  Summer Movies at the Ark, Orono, every Monday, 1:00 p.m. to 3:00 p.m.  Music Nights in the Park, Newcastle, July 8, 2014, 7:00 p.m., featuring Johnny Burke and Joe Howe, traditional country music  Special Music Event with music of the Orono Cornet Band, Orono Library Bandstand, July 9, 2014, 7:00 p.m. Council Meeting Minutes - 3 - July 7, 2014  th 7 Annual Newcastle Art Show presented by A Gift of Art, Newcastle, July 12 and 13, 2014, Newcastle Arena, 10:00 a.m. to 4:00 p.m.  Concerts in the Ina Brown Parkette, Newtonville, July 13, 2014, 6:30 p.m. featuring cruisin’ music of the 50’s & 60’s  Music Nights take place every Tuesday in Newcastle and every Sunday in Newtonville all summer long  BBQ in Newtonville, July 20, 2014, 4:00 p.m. to 6:00 p.m., Newtonville Community Hall  Gospel Plus, July 13, 2014, 9:15 a.m. St. Saviours Church, Orono  th 20 Annual Wooden Boat Festival, July 19, 2014, Port of Newcastle, all day family event and evening party with free admission, free boat rides, and free dockage  Kirby book sale continues all summer from 10:00 a.m. to 3:00 p.m., Old Kirby Church, 6966 Highway 115/35  Farmers Market, Newcastle Memorial Arena, every Sunday until October 2014, 10:00 a.m. to 2:00 p.m.  Orono Chili Cook Off, September 27, 2014, visit the Orono BIA website for details  Orono Antique Festival, August 9, 2014, 8:00 a.m. to 4:00 p.m.  th Grand total of $10,000 raised at the 4 Annual “In the Face of an Angel” Golf Tournament Councillor Traill announced the following:  Driftwood Theatre's Bard's Bus Tour presents Shakespeare's “The Tempest”, July 13, 2014, 7:30 p.m. to 9:30 p.m., Visual Arts Centre of Clarington; Food of Love performance, celebrating the music of Shakespeare, Lakeview Park Oshawa, July 12, 2014, 6:30 p.m.  SportsCar Grand Prix, Canada's largest sports car race of the year, featuring the newly formed TUDOR United Sports Car Championship and other series including the Continental Tire SportsCar Challenge, Cooper Tire Prototype Lites, IMSA GT3 Cup Challenge, Lamborghini Super Trofeo North America and the SCCA Pro Racing Playboy Mazda MX-5 Cup., July 12, 2014, 9:00 a.m. to 5:00 p.m. Canadian Tire Motorsport Park  Public Information Centre for Bowmanville Marsh Habitat Restoration Project, (Phase 1 – Aquatic Habitat Restoration), July 10, 2014, 6:30 p.m. to 8:00 p.m. upstairs at Bobby C’s Dockside Restaurant Councillor Woo announced the following:  C-7 Corvette from Corvette Racing, will be at the Bulldog Pub, Oshawa, July 9, 2014, 4:00 p.m.  “Into the Woods: Etchings by George Raab”, July 12 to October 2, 2014, Visual Arts Centre, Opening Reception July 27, 2014, 2:00 p.m. to 4:00 p.m. Council Meeting Minutes - 4 - July 7, 2014  He, along with Councillor Partner, attended the Clarke High School Commencement extending best wishes to the graduating students and thanking the teachers, parents, family and administration for a job well done.  Appreciation to the organizers of the Canada Day celebrations throughout the Municipality including Jim Connell, Wilmot Creek, Julia Fielding Executive Director, Clarington Museum and John Witheridge Chair, Clarington Museums and Archives Board, Karen Bastas and Jane Black, Newcastle BIA, and Carlton and Sheri Plummer, Beacham Street Party. Councillor Woo wished all a safe and happy summer. Mayor Foster suggested that residents consider taking a “staycation” this year given the variety of events and activities taking place during the summer in the Municipality. He expressed appreciation to the Orono Fair Board for the well-attended rodeo event and for hosting the Canada Day Fireworks display at the Garnet B. Rickard Recreation Complex. Mayor Foster, on behalf of Council, wished residents a safe and fun summer with lots of time for family and friends. MINUTES Resolution #C-277-14 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council June 16, 2014, be approved. “CARRIED” Resolution #C-278-14 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a special meeting of Council June 11, 2014, be approved. “CARRIED” PRESENTATIONS Mayor Foster presented a Congratulatory Plaque to John O’Toole, in recognition of his retirement from Public Service after 32 years, including almost 20 years as M.P.P. of the Durham Riding. Council Meeting Minutes - 5 - July 7, 2014 DELEGATIONS Heather Briese addressed Council concerning Item 7 of Report #1 - Report PSD-041-14 - Application for Draft Plan of Subdivision to Permit the Development of 24 Detached Dwellings and a Park. Ms. Briese expressed concern that she received notification of the General Purpose and Administration Committee meeting less than one week in advance and was unable to attend the meeting. Ms. Briese indicated that she would be outlining both her personal concerns and those of the community regarding the project. Ms. Briese expressed concern that the access to the subdivision onto Old Scugog Road is too close to the Enniskillen Public School and will create a safety issue due to increased traffic in the vicinity of the school. Ms. Briese stated the solution would be to construct a cul-de-sac with access from Regional Road 3 only. She indicated that the size of the park is also of concern as it is not large enough to accommodate playing fields and play equipment. Ms. Briese noted that the Enniskillen community has been without a park since its inception and that neighbouring communities all have these amenities. She stated that residents have concerns with the quality and quantity of water indicating that it is unfair to determine water usage based on the average Canadian home as the homes in Enniskillen are estate homes and residents use more water than the average home. Ms. Briese reiterated that the obvious solution is to construct a cul de sac with fewer homes and urged Council not to let the opportunity for the municipality and the developer to make money interfere with the quality of life of current residents. Ms. Briese also questioned why only one level of the water table was tested when all of the water tables affect residents of Enniskillen. She indicated that there was case law which places responsibility for negative impacts on water quality and quantity on the Municipality and the developer and requested answers to the serious concerns brought forward. Steve Carruthers addressed Council concerning Item 7 of Report #1 - Report PSD-041-14 - Application for Draft Plan of Subdivision to Permit the Development of 24 Detached Dwellings and a Park. Mr. Carruthers indicated he is the owner of the property noting the Region of Durham and the Municipality of Clarington have extensive guidelines for this type of application to be considered for the benefits of local residents. Mr. Carruthers acknowledged that the main concern is regarding wells and noted as part of the process, the Region required multiple studies to be conducted by hydrogeological experts and peer-reviewed which have concluded there is sufficient water to support the development. Mr. Carruthers indicated that regulated growth will increase the lifespan of the school, help insure the viability of the store and create a public park central to the community. He confirmed that the type of homes to be constructed are the same as previous developments and, if approved, will give 24 families the opportunity to live in Enniskillen. Council Meeting Minutes - 6 - July 7, 2014 Doug Taylor addressed Council concerning Correspondence Item I – 14 - Clarington Transformer Station. Mr. Taylor indicated that while he is a member of the Enniskillen Environmental Association, he was before Council this evening as a concerned citizen. Mr. Taylor stated in 1987, he purchased 25.56 acres of land in Clarington to build a custom home for his retirement and to possibly severe a portion of the property to allow for a few residential building lots. Mr. Taylor stated that he has observed what has been happening on the Oak Ridges Moraine with the proposed construction of the Clarington Transformer Station by Hydro One Networks Inc. and is concerned with information contained in documents published by Hydro One stating the transformers produce contaminants such as lead, mercury, cadmium and toxic oil on a daily basis and pollute lands both on and off their property. He expressed concern that the proposed containment system will not work and, as a grandparent, is concerned with the potential for his grandchildren to ingest heavy metals or toxic oil pollutants that he feels will eventually contaminate the water supply. For these reasons, Mr. Taylor has decided to sell his property and leave Clarington. Mr. Taylor feels that once the project begins, his property value will plummet and feels this project should never have been considered at this location. Mr. Taylor stated Clarington’s drinking water is at risk and this should be enough to stop the project. Mr. Taylor thanked Council for their limited support in trying to address this catastrophe and hoped that Group 360 would be engaged as the independent party. Clint Cole was called but was not in attendance. Sally Hillis and Terri Pellerin, Members, Enniskillen Environmental Association (EEA), addressed Council concerning Correspondence Item I – 15 - Terms of Reference for Third Party Independent – Clarington Transformer Station Project. Ms. Hillis expressed concern that although the project has been granted approval by the Ministry of the Environment, it does not confirm residents’ safety. She stated there were three issues they would like to address this evening including the monitoring wells and the Thorncliffe Aquifier, the ongoing community liaison and response to community concerns, and clarification of an independent rd 3 party. Ms. Hillis stated she is pleased with Council’s decision to specify the required depth of the monitoring wells to be drilled to at least the Thorncliffe Aquifier, as drilling to this depth would approach the depth of the existing wells in the area. She noted that in Dr. Cherry’s report it stated that Hydro One’s monitoring wells of 50 feet were inadequate, do not provide much information about the flow system and boundaries and interactions of different formations, and that deep drilled, detailed well infrastructure is current industry standard practice. Ms. Hillis questioned who would be overseeing the communication of Council’s motion to Hydro One and how would the information that such wells have been drilled be communicated to the EEA. Council Meeting Minutes - 7 - July 7, 2014 Terri Pellerin stated at the first Community Liaison Committee meeting, they were advised rd that Hydro One was considering the hiring of an independent 3 party to address public concerns, and that the selection process would be divided into three phases beginning with a facilitated workshop. She indicated the Terms of Reference, criteria for selection would be decided jointly with Clarington, the EEA and Hydro One and that a workshop for this purpose would be arranged as soon as possible. She questioned if any discussions have taken place between Clarington staff and Hydro One Networks Inc. in regard to the process prior to the upcoming workshop planned for July 16, 2014, as such discussions would be contrary to the Terms of Reference. Ms. Pellerin reiterated Minister Bradley’s decision that Hydro One cannot proceed until the conditions he placed on the project were satisfied, and expressed concern that the following conditions have not been met: four seasons of private well and monitoring wells data as part of a Groundwater Monitoring Plan, a detailed acoustic assessment report, results of monitoring reported to the Ministry and the preparation of a Contingency and Pollution Prevention plan. Ms. Pellerin questioned whether Council is aware if the conditions imposed by Minister Bradley have been met, why a temporary permit to allow Hydro One access for site preparation has been issued if the conditions have not been met, who on staff is overseeing Hydro One’s progress on the transformer station; and, who will be their advocate should they need Council’s assistance. Ms. Pellerin stated one of the reasons they were here this evening was to clarify that Dr. Cherry’s commitment to study Program were not one in the same. She issued a reminder that Hydro One was bound to the Monitoring Program as a condition of approval. She indicated that by pledging support for Dr. Cherry, Council and the Association are in agreement that more information is needed prior to construction or completion to confirm the appropriateness of construction of the station on the Oak Ridges Moraine. Sally Hillis thanked Council for taking the position that the suitability and safety of the project on the Moraine has not yet been confirmed and requested Council’s support on behalf of the EEA to consider Dr. Cherry’s independent and scientific opinion to be a viable choice for the rd independent 3 party. Ms. Hillis submitted the Associations concerns in writing and also questioned if Council would support a Clean Water By-law to protect future generations from high-risk infrastructure that threatens the quality and quantity of ground source drinking water. Ms. Hillis referenced the issue of the Easement Agreement Between Hydro One Networks Inc. and the Municipality for the use of an unopened road allowance, suggesting that the approval be delayed until Council is confident that all conditions have been met and that any and all communication occurs collectively, honestly and transparently with all three groups involved. Resolution #C-279-14 Moved by Councillor Partner, seconded by Councillor Hooper THAT the delegation of Sally Hillis and Terri Pellerin be extended for two minutes. “CARRIED” Council Meeting Minutes - 8 - July 7, 2014 Ms. Hillis indicated that Council and the EEA need to select an independent party and that the quality and quantity of water is protected. She stated that clean, safe drinking water is a right, not a privilege, and asked for Council’s continued support. Ms. Hillis requested that all of their questions be answered in writing as soon as possible, given the urgency of this critical situation. Councillor Hooper declared a pecuniary interest with respect to the delegation of Kelvin Whalen as he owns property in downtown Bowmanville and left the Council Chambers during discussion on this matter. Kelvin Whalen, Kaitlin Corporation, addressed Council concerning Item 9 of Report #1 - Report PSD-043-14 - Applications for an Official Plan Amendment and Rezoning 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 [668390 Ontario Ltd. (Kaitlin Corporation)]. Mr. Whalen stated his team has worked with staff to create a mixed-use project on the southwest corner of Regional Road 57 and Highway 2 that would provide for a mix of both residential and non-residential uses. He indicated that the site is a costly site to develop as services have to be extended from the west, Prince William Boulevard has to be constructed to Regional Road 57, entrances have to be constructed on Regional Road 57 and Highway 2 on top of internal servicing, parking lot construction, etc. Mr. Whalen stated given the form that the site has now taken, some residential elements will need to be constructed concurrently with the first phase of office commercial development. Mr. Whalen indicated that the original wording of the Report required that 80,000 square feet of non- residential development be built and occupied before any residential development could occur and that all residential buildings be a minimum of eight storeys in height. Mr. Whalen stated he feels these requirements are unduly restrictive and counter-productive to encouraging more non-residential uses and that having the initial residential base provides an immediate market for the non-residential office and commercial uses. Mr. Whalen feels that any residential building should be a minimum of four storeys with ground floor commercial and the residential development be constructed concurrently. Mr. Whalen confirmed that a bank has always been a cornerstone of the application and is an anchor for other like-minded business. He stated that in 2013, the Municipality undertook a study that indicated five to six new banks were needed by 2016; however on June 23, 2014, a bank was deleted as permitted use on this site. Mr. Whalen confirmed that the Kaitlin Corporation would be willing to abide by changes as suggested that the bank not be one that is currently in the Bowmanville downtown core, provided that the other changes outlined can be accommodated. Councillor Hooper returned to the meeting. Council Meeting Minutes - 9 - July 7, 2014 Brad Bowness, Director, Project Management, Hydro One Networks Inc. – addressed Council concerning Unfinished Business #1 - Resolution #GPA-388-14 - Report EGD-020-14 - Easement Agreement Between Hydro One Networks Inc. and the Corporation of the Municipality of Clarington for the use of an Unopened Road Allowance to Access Hydro One Networks Inc. lands. Mr. Bowness stated he was here to request permission to obtain permanent easement rights to access the Hydro One Networks Inc. Property. He indicated that Hydro One has determined that Townline Road is the preferred access to the site given the community concerns raised regarding constructing an access from Langmaid Road. Mr. Bowness confirmed that Hydro One has acknowledged the community concerns, noting an Environmental Assessment was conducted and the project has been approved with conditions, including community liaison. He indicated that Hydro One has announced an initiative to conduct a water quality workshop to define a process that will lead to the rd selection of an independent 3 party. Mr. Bowness stated that between now and the fall, the lines will be relocated but construction of the station will not begin until December, at which time four seasons of monitoring will have been completed. Mr. Bowness advised the outage is not available later in the summer due to the high demand. He confirmed that if Hydro One is not granted access from Townline Road, they will require access from Langmaid Road. Mr. Bowness hoped Council would agree that Townline Road is the best access and grant a permanent easement. Resolution #C-280-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT Council recess for ten minutes. CARRIED The meeting reconvened at 8:42 p.m. In response to questions, Mr. Bowness outlined the process approved by the Ministry of the rd Environment regarding monitoring. He stated that if the recommendation from the 3 party is to drill deeper, Hydro One would look into it but would rely on Stantec, Hydro One geologists rd and the independent 3 party to make the determination. Paul Dalmazzi, Environmental Planner, Hydro One Networks Inc. addressed Council concerning Correspondence Item I - 16 - Clarington Transformer Station Groundwater and Surface Water Monitoring Program. Through the use of a PowerPoint presentation, Mr. Dalmazzi provided background information on the approval of the Clarington Transformer Station, highlighted the three objectives of the monitoring program including the commitment to implementing shallow/intermediate groundwater and surface water monitoring pre, during and post-construction, refining their understanding of the physical and hydrochemical characteristics of the shallow and intermediate depth groundwater systems and establishing a pre-construction baseline of groundwater and surface water conditions on-site and in available private wells of willing participants, including seasonal variations. Mr. Dalmazzi reviewed components of Hydraulic testing undertaken by Stantec, which will be presented in a Baseline Conditions Report once fall 2014 monitoring has been completed. Council Meeting Minutes - 10 - July 7, 2014 He highlighted the parameters of the Ground Water and Surface Water Quality Analysis. Mr. Dalmazzi stated that progress reports will be issued on an annual basis, beginning with the Baseline Conditions Report in the fall which will contain cumulative summaries of on-site data and will be shared with the Community Liaison Committee and other stakeholders and interested residents. He advised that residential water well monitoring has been initiated and owners will be notified immediately should any health-related parameters exceed the ODWQS. Mr. Dalmazzi confirmed that changes to the Monitoring Program may be implemented upon written approval from the Ministry of the Environment and will be communicated to the Community Liaison Committee and other interested stakeholders. COMMUNICATIONS I - 1 Minutes of the Newcastle Memorial Arena Management Board dated May 13, 2014 I - 2 Minutes of the Santa Claus Parade Committee dated May 14, 2014 I - 3 Minutes of the Ganaraska Region Conservation Authority dated May 15, 2014 I - 4 Minutes of the Samuel Wilmot Nature Area dated June 10, 2014 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated June 17, 2014 I - 6 Minutes of the Clarington Heritage Committee dated June 17, 2014 I - 7 Minutes of the Sustainable Clarington Community Advisory Committee dated June 19 and 25, 2014 I - 8 Minutes of the Clarington Museums and Archives Board dated June 11, 2014 I - 9 Minutes of the Clarington Safe Communities Advisory Committee dated June 19, 2014 I - 10 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding for information a copy of Report 2014-P-36 of the Commissioner of Planning and Economic Development regarding the Durham Greenbelt Plan Review Initial Report – Consultation Results: What We Heard. Council Meeting Minutes - 11 - July 7, 2014 I - 11 Bryce Phillips, Senior Vice President, Ontario Power Generation (OPG) – Pickering Nuclear, writing to Mayor Ryan, City of Pickering, in response to the City of Pickering’s correspondence to the Canadian Nuclear Safety Commission (CNSC) and OPG regarding the Pickering station operating licence and OPG’s plans for station improvements to the year 2020; responding to Pickering’s requests regarding transparency in communications, the holding of a public forum and submission of a draft Decommissioning Plan; and, indicating that OPG works hard to earn and maintain the trust of the public, particularly the residents of the communities in which they operate generating stations, and are committed to sharing information about the safety and operations of stations in an open and transparent manner. I - 12 Mary Lofthouse, Treasurer, Bowmanville Horticultural Society, expressing appreciation for the Community grant received in the amount of $500 and for the assistance of Erica Mittag, Community Development Coordinator, in clarifying the Grant application process. I - 13 Cindy Sutch, on behalf of the Save the Oak Ridges Moraine Coalition (STORM), requesting Council’s support of the Enniskillen Environmental Association’s request that the proposed road access to the Clarington Transformer Station site not be approved until critical issues on the social impact, ground water quality and quantity and groundwater data have been addressed. I - 14 Doug Taylor expressing concern that the construction of the Clarington Transformer Station on the Oak Ridges Moraine will inevitably cause pollution to the aquifer and cause property values to plummet; indicating that he fears for the health of his grandchildren who will eventually be exposed to heavy metal contaminants in his well water; and, advising that he cannot live under these circumstances and will be forced to put his home up for sale and move out of Clarington. I - 15 Sally Hillis and Terri Pellerin, Enniskillen Environmental Association, requesting to clarify several issues regarding the Terms of Reference for the Third Party Independent and the Clarington Transformer project with respect to third party selection, drilling depth of testing wells and ongoing community liaison and response to community concerns given the clear threat the their safe drinking water with the proposed construction of the mega transformer station on the Oak Ridges Moraine. Council Meeting Minutes - 12 - July 7, 2014 I - 16 Paul Dalmazzi, Environmental Planner, Hydro One Networks Inc., forwarding background information, objectives and scope of the Clarington Transformer Station Groundwater and Surface Water Monitoring Program which will fulfill the Environmental monitoring commitments made by Hydro One in the Project’s ESR by establishing background hydrogeological conditions and by providing a monitoring program that will identify and monitor the natural form and function of the shallow and intermediate depth groundwater system during and post construction. Resolution #C-281-14 Moved by Councillor Novak, seconded by Councillor Neal THAT the communications I - 1 to I - 16 to be received for information be approved. “CARRIED” CORRESPONDENCE FOR DIRECTION D - 1 Brian Crow, Producer, Republic Live Inc., providing the performance schedule for the 2014 Boots and Hearts Country Music Festival to be held at the Canadian Tire Motorsport Park on August 1 to 3, 2014, with a kickoff party July 31, 2014; requesting a temporary variance to By-law 97- 126 to allow for a 72 dBA maximum level of audible sound between Friday, August 1 to Sunday, August 3, 2014, during the hours of midnight and 2:00 a.m. when the secondary stage will be in operation; indicating they will continually monitor the sound levels at stages; advising that the highest level of sound measured at the 2013 event was 62 dBA; indicating that the organizers of the Boots and Hearts Country Music Festival have implemented a pre-festival neighbour notification plan which will keep those nearby up to date on traffic patterns and times of operation; and, indicating that they look forward to working with the Municipality and the Region to ensure a positive and profitable event for all parties. Resolution #C-282-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the request from Brian Crow, Producer, Republic Live Inc., for an exemption to By-law 97-126, be approved. “CARRIED” Council Meeting Minutes - 13 - July 7, 2014 D - 2 Petra Schwirtz, Chair, Clarington Tourism Marketing Board (CTMB) providing an update on the status of the Economic Impact Study of Tourism in Clarington and a tourism plan for Clarington; indicating that both projects are in their final stages and CTMB will present their reports to the General Purpose and Administration Committee on September 22, 2014; and, respectfully requesting that the Clarington Tourism Marketing Board (CTMB) be invited to have representation during the 2014-2018 municipal strategic plan discussions and process and that the Tourism Impact Study and the Community Tourism Strategic Plan, as provided by the CTMB, be included in the municipal strategic plan discussions and process. Resolution #C-283-14 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Item D - 2 from Petra Schwirtz, Chair, Clarington Tourism Marketing Board (CTMB), be referred to the Municipal Strategic Plan discussions. “CARRIED” D - 3 Correspondence from Michael Peel, Scott Prentice, Ron Radcliffe and Curtis Mollon writing in opposition to the proposal to permit commercial uses on the former Newcastle Fire Hall site; indicating that they reside in the five properties directly to the east of the proposed property that have not been included in the Newcastle Village Centre Secondary Plan; and, advising that they would be willing to support the changes to the zoning if these five properties are included in the Plan. Resolution #C-284-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence D - 3 from Michael Peel, Scott Prentice, Ron Radcliffe and Curtis Mollon be referred to Item 2 of Report #1. “CARRIED” Council Meeting Minutes - 14 - July 7, 2014 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report June 23, 2014 Resolution #C-285-14 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of June 23, 2014 be approvedwith the exception of Items #3, #7, #9, #16, #21 and #22. , “CARRIED” Councillor Hooper declared a pecuniary interest with respect to Item 9 of Report #1 as he owns property in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Item #9 Resolution #C-286-14 Moved by Councillor Novak, seconded by Councillor Partner THAT Report PSD-043-14 be received; THAT the proposed Amendment No. 97 to the Clarington Official Plan (Attachment 2 of Report PSD-043-14) and the proposed Amendment to the Zoning By-law (Attachment 3 of Report PSD-043-14) be revised to allow a bank as a permitted use provided it is not currently represented in Downtown Bowmanville and that one residential building be permitted to proceed concurrently with office buildings with a minimum height of 4 stories; THAT Amendment No. 97 to the Clarington Official Plan (Attachment 1 to Report PSD-043-14), be approved as amended and that the related By-law, in Attachment 2 to Report PSD-043-14, be passed; THAT Amendment No. 97 be forwarded to the Regional Municipality of Durham for approval; THAT the Zoning By-law Amendment, contained in Attachment 3 to Report PSD- 043-14, be approved as amended; THAT a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan Approval has been granted for the various phases; Council Meeting Minutes - 15 - July 7, 2014 THAT the Durham Region Planning and Economic Development Department and Municipal Assessment Corporation be forwarded a copy of Report PSD-043-14 and Council’s decision; and THAT all interested parties listed in Report PSD-043-14 and any delegations be advised of Council’s decision. “CARRIED LATER IN THE MEETING” (See following motion) Resolution #C-287-14 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-286-14 be amended such that a drive-through for the bank not be allowed as a permitted use. “MOTION WITHDRAWN” Resolution #C-286-14 was then put to a vote and CARRIED. Councillor Hooper returned to the meeting. Item #22 Resolution #C-288-14 Moved by Councillor Novak, seconded by Councillor Partner WHEREAS the inaugural NASCAR Canadian Tire Truck Series weekend at Canadian Tire Motorsport Park ("CTMP") in 2013 brought in millions to the regional and local economies, attracting motorsports enthusiasts from across Canada and the United States; AND WHEREAS the Municipality of Clarington would like to show its support for CTMP's efforts to bring national and international attention to CTMP as the #1 motorsport venue in Canada which, in turn, puts Clarington in the international auto racing spotlight for one weekend per year; AND WHEREAS the Municipality of Clarington would like to show its support for hosting NASCAR events at CTMP, including Truck Series and, in future, Nationwide and Sprint Cup Series; AND WHEREAS the Municipality of Clarington is eager to work with CTMP and local businesses to show our community spirit and hometown pride in hosting NASCAR events as municipalities in the United States currently do during NASCAR events by hanging uniform "Welcome Race Fans" banners; Council Meeting Minutes - 16 - July 7, 2014 NOW THEREFORE BE IT RESOLVED THAT, after soliciting approval from Veridian, a "Welcome Race Fans" banner be prepared and hung from the West Bowmanville standards during the NASCAR Truck Series weekend, provided they apply for and obtain any necessary permits; THAT smaller banners, similar to those used in NASCAR-host municipalities across the United States, be printed and distributed to local Clarington businesses for display during the Nascar Truck Series weekend (and during other Nascar weekends should Nationwide and Sprint Cup Series events be held at CTMP) with priority given to the following businesses: a. Grocery Stores b. Gas Stations c. Restaurants THAT the cost be borne by CTMP; THAT the banners be advertised on the Clarington website and Facebook page as available on a "first come, first serve" basis and be available for pickup from Town Hall; and THAT staff have approval of the proposed design which shall include the Municipality of Clarington logo, the CTMP logo, and the Nascar logo, if permissible; and THAT CTMP be advised of Council’s decision. “CARRIED” Item #3 Resolution #C-289-14 Moved by Councillor Neal, seconded by Councillor Traill THAT the delegation of Marshall Hohmann be received with thanks; THAT the Clarington Board of Trade (CBOT) arrange for a presentation from Marshall Hohmann to the CBOT, Clarington’s various Business Improvement Association’s, local businesses, and any interested parties; and THAT staff report back on the concept of making the CIP grants conditional on the applicants/recipients making the first floor of their business premises accessible. “MOTION LOST” Council Meeting Minutes - 17 - July 7, 2014 Resolution #C-290-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT the delegation of Marshall Hohmann be received with thanks; and THAT the Clarington Board of Trade (CBOT) arrange for a presentation from Marshall Hohmann to the CBOT, Clarington’s various Business Improvement Association’s, local businesses, and any interested parties. “CARRIED” Item #16 Resolution #C-291-14 Moved by Councillor Traill, seconded by Councillor Novak THAT Report COD-013-14 be received; THAT The Ambler & Co. Inc., Mississauga, Ontario, with a total bid amount of $1,482,657.78 (net H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2014-9, be awarded the contract for Lake Road Extension as required by the Municipality of Clarington, Engineering Department; and THAT the funds required in the amount of $2,026,300.00 (net HST Rebate) including Design, Contract Administration, Material Testing, Construction and Contingencies be drawn from the following Engineering Department Accounts: Description G/L Account Amount Lake Road 110-32-330-83422-7401 $ 1,072,000.00 Recoverable from Developer 110-32-330-83422-7401 $ 688,700.00 Pavement Rehabilitation – 110-32-330-83212-7401 $ 285,600.00 South Service Road “CARRIED” Item #21 Resolution #C-292-14 Moved by Councillor Traill, seconded by Councillor Hooper th WHEREAS June 2014 marks the 30 anniversary of Seniors’ Month; Council Meeting Minutes - 18 - July 7, 2014 AND WHEREAS Municipalities and community organizations are encouraged to hold Seniors’ Month events including award ceremonies, recognition events; socials and seniors’ information and active living fairs; AND WHEREAS Seniors are a valued part of our society. Their important contributions include giving their time and talents to make our Municipality a better place to live; AND WHEREAS Seniors are the fastest growing segment of our population; AND WHEREAS, in 2011, approximately 12 per cent of the Clarington population was aged 65 or older and by 2031, it’s anticipated Clarington will be home to 41,220 adults over age 50, which is a 56 per cent increase over 2011; AND WHEREAS, as a group, seniors are unique in their needs and require specialized services and resources; AND WHEREAS 68% of seniors are immigrants and almost thirty percent of them speak a language other than English; AND WHEREAS they will need our Municipality to support them as they age; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington proclaims June 2014, and every month of June hereafter, “Seniors’ Month” in the Municipality of Clarington. “CARRIED” Councillor Traill temporarily left the meeting. Item #7 Resolution #C-293-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT Item 7 of Report # 1 – Application for Draft Plan of Subdivision to Permit the development of 24 detached dwellings and a Parkbe referred to the September 15, 2014 Council meeting; and THAT staff be directed to hold another meeting with area residents. “CARRIED” Councillor Traill returned to the meeting. Council Meeting Minutes - 19 - July 7, 2014 STAFF REPORT(S) Report CLD-018-14 – Appointment of Parking Enforcement Officer Resolution #C-294-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report CLD-018-14 be received; and THAT the by-law appointing Mr. William M. Pearce as a Parking Enforcement Officer, attached to Report CLD-018-14, be passed. “CARRIED” Resolution #C-295-14 Moved by Councillor Woo, seconded by Councillor Partner THAT Council recess for five minutes. CARRIED The meeting reconvened at 10:40 p.m. UNFINISHED BUSINESS Resolution #GPA-388-14 - Report EGD-020-14 - Easement Agreement Between Hydro One Networks Inc. and the Corporation of the Municipality of Clarington for the use of an Unopened Road Allowance to Access Hydro One Networks Inc. Lands Resolution #C-296-14 Moved by Councillor Partner, seconded by Councillor Traill THAT Resolution #GPA-388-14 be lifted from the table. “CARRIED” Councillor Woo assumed the Chair. Council Meeting Minutes - 20 - July 7, 2014 The following resolution was before Council: Moved by Mayor Foster, seconded by Councillor Neal THAT Report EGD-020-14 be received; THAT, since the Langmaid Road site has been approved by the Minister of the Environment as the preferred site for the proposed Clarington Transformer Station, the Easement Agreement (Attachment 2 of Report EGD-020-14) for access purposes be entered into with Hydro One Network Inc. (HONI) for the use of the unopened road allowance between former Townships of East Whitby and Darlington (that part of the unopened road allowance north of Winchester Road as shown in Schedule ‘A’ of Attachment 2 of Report EGD-020-14); THAT pursuant to Section 35 of the Municipal Act, 2001, S.O. 2001, c.25, Council pass the by-law contained in Attachment 3 of Report EGD-020-14 to temporarily restrict the public right of passage over that portion of the road allowance between the former Townships of East Whitby and Darlington described as Part 3 on Plan 40R- 28285; THAT the Mayor and the Municipal Clerk be authorized to sign the Easement Agreement subject to the final approval of the Engineering drawings by the Director of Engineering Services; and THAT all interested parties listed in Report EGD-020-14 and any delegations be advised of Council’s decision. “MOTION WITHDRAWN” Resolution #C-297-14 Moved by Mayor Foster seconded by Councillor Partner THAT staff be directed to grant a temporary road occupancy permit, with an expiry date of November 30, 2014, to facilitate the continuation of line relocation; and Council Meeting Minutes - 21 - July 7, 2014 THAT Report EGD-020-14 be referred to the September 22, 2014 General Purpose and Administration Committee meeting. “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 √ Mayor Foster resumed the chair. BY-LAWS Councillor Hooper declared a pecuniary interest with respect to By-laws 2014-079 and 2014-080 as he owns property in downtown Bowmanville and left the Council Chambers during discussion and voting on the by-laws. Resolution #C-298-14 Moved by Councillor Neal, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2014-073 to 2014-088 2014-073 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Paul Long, Nick Koitsopoulas, Jason Aiton and Brett MacNeil) (72 Martin Road, Bowmanville) 2014-074 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Aspen Gardens Ltd.) 2014-075 Being a By-law to amend municipal street names in the Municipality of Clarington 2014-076 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington [1825284 Ontario Ltd. (City Homes)] 2014-077 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Brightstar Newcastle Corporation) Council Meeting Minutes - 22 - July 7, 2014 2014-078 Being a By-law to temporarily restrict the use of Nichols Road 2014-079 Being a By-law to adopt Amendment No. 97 to the Clarington Official Plan 2014-080 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington [668390 Ontario Ltd. (Kaitlin Corporation)] 2014-081 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Ray Gupta) 2014-082 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (1547321 Ontario Limited) 2014-083 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Courtyard Property Investments Inc.) 2014-084 Being a By-law to designate the property known for municipal purposes as 210 King Avenue West, Newcastle, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 2014-085 Being a By-law to appoint a Municipal Law Enforcement Officer 2014-086 Being a By-law to exempt a certain portion of Registered Plan 40M-2497 from Part Lot Control 2014-087 Being a By-law to amend By-law 2005-109, a Zoning By-law for the Municipality of Clarington to remove the Holding (H) symbol for the subject lands [1829963 Ontario Inc. (Rondeau)] 2014-088 Being a By-law to amend By-law 2005-109, a Zoning By-law for the Municipality of Clarington to remove the Holding (H) symbol for the subject lands (Republic Live Inc.); and THAT the said by-laws be approved. “CARRIED” Councillor Hooper returned to the meeting. Council Meeting Minutes - 23 - July 7, 2014 OTHER BUSINESS Councillor Partner requested that staff investigate constructing an accessible ramp for the Tooley's Mill Park and that the Clarington Accessibility Advisory Committee be involved in reviewing site plans. PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. Councillor Hooper stated a 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-299-14 Moved by Councillor Neal, seconded by Councillor Novak THAT leave be granted to introduce By-law 2014-089, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 7th day of July, 2014; and THAT the said by-law be approved. "CARRIED" Councillor Hooper returned to the meeting. ADJOURNMENT Resolution #C-300-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT the meeting adjourn at 10:51 p.m. "CARRIED" r MA�OR -14161P CLERK.