HomeMy WebLinkAbout09-15-2014
Council Meeting Minutes
September 15, 2014
Minutes of a regular meeting of Council held on September 15, 2014 at 7:00 p.m. in
the Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Deputy Chief, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Manager of Internal Audit, C. Carr
Corporate Initiatives Officer, C. Clifford
Executive Assistant to the Mayor, L. Coutu, attended until
8:58 p.m.
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
B. Radomski, Corporate Communications Officer
Municipal Clerk, A. Greentree
Administrative Assistant to the Municipal Clerk, C. Fleming
DISCLOSURES OF PECUNIARY INTEREST
Councillor Novak indicated that she would be declaring a pecuniary interest with
respect to Item 1(b) of Report #1.
ANNOUNCEMENTS
Councillor Novak announced the following:
Mearns Avenue will be closed at the CP Rail crossing from 6:00 am,
September 17, 2014, to 5:00 pm, September 23, 2014 for repairs
Scugog Street will be closed at the CP Rail crossing from 6:00 am,
September 22, 2014, to 5:00 pm, September 23, 2014
Council Meeting Minutes - 2 - September 15, 2014
St. Marys Cement Public Consultation, September 17, 2014, 4:00 pm to
8:00 pm at the Garnet B. Rickard Recreation Complex
Clarington Older Adult Strategy Public Consultation, September 17, 2014,
Newcastle & District Recreation Complex, 1:00 pm to 2:30 pm and at the
Beech Centre, 7:00 pm to 8:30 pm
Durham Region Waste Fair, September 20, 2014, 10:00 am to 3:00 pm, Garnet
B. Rickard Recreation Complex
Councillor Partner announced the following:
Curves Open House, September 15 to September 20, 2014, 80 King Avenue
East, Newcastle
Clarington Older Adult Strategy Public Consultation, September 17, 2014,
Newcastle & District Recreation Complex, 1:00 pm to 2:30 pm and
September 30, 2014, 6:30 pm to 8:00 pm, Durham County Seniors Lodge,
200 Station Street, Orono
Port Hope Area Initiative Briefing on the Port Granby Project, September 18,
2014, 7:00 pm to 8:30 pm, Newcastle Public Library
th
16 Annual Orono Chili Cook-off and Baking Competition, September 27, 2014,
10:30 am to 4:00 pm
St. George’s Anglican Church Community Fayre, September 27, 2014,
11:00 am to 3:00 pm, 250 Mill Street South, Newcastle
Orono United Church Pasta Supper “A Little Taste of Italy”, September 27,
2014, 5:30 pm
Durham Region Waste Management E-Waste and Hazardous Household
Waste Event, October 4, 2014, 8:00 am to 12:00 noon, 178 Darlington/Clarke
Townline Road
Councillor Traill announced the following:
Tyrone Annual Spirit Day – “Spirited Oktoberfest”, September 28, 2014,
1:00 pm at the Tyrone Community Centre
Annual Bethesda House “Take Back the Night” Walk, September 16, 2014,
6:00 pm to 9:00 pm starting at the Royal Canadian Legion parking lot in
Bowmanville
Councillor Traill advised the Durham Central Fair was a great success. She extended
appreciation to Members of Council for attending and extended congratulations to
Taylor Cowan who was crowned the Representative Ambassador who will represent
the Orono Fair at various events throughout the year, including the Royal Winter Fair.
She also thanked Members of Council, Michael Hackenberger, Bowmanville Zoo,
Ryan Grant, Baton Rouge, and Melissa Anne Coates for their efforts in hosting a
fundraising event raising over $12,000 in goods and services for a local family who
experienced a devastating fire.
Council Meeting Minutes - 3 - September 15, 2014
Councillor Woo announced the following:
Newcastle Historical Society’s Fall Garden Show, September 16, 2014,
Newcastle Community Hall, 7:30 pm, featuring gladiolus presented by
Erla Jose
Team Harwell Bottle Drive, 10 Foster Creek Drive, Newcastle, September 20
and 21, 2014, fundraising event in support of Carrie Hartwell
Councillor Hooper announced the following:
Durham Region Waste Fair, September 20, 2014, Garnet B. Rickard
Recreation Complex, 10:00 am to 3:00 pm
Annual “Family Safety Day”, Clarington Fire Station 1, 10:00 am to 3:00 pm
th
Historic Downtown Bowmanville’s 25 Annual “Applefest”, Saturday, October
18, 2014, 9:00 am to 5:00 pm
Haydon HoeDown and Corn Roast, September 20, 2014, 4:00 pm to 11:00 pm,
Haydon Community Hall
Councillor Neal announced the following:
Heritage Harvest Event, September 27, 2014, 4:00 pm to 11 pm, Tooley’s Mill
Park
Mayor Foster announced the following:
th
39 Franco-ontarian Flag-raising Ceremony, September 15, 2014, 11:00 am,
Municipal Administrative Centre
Retirement celebration for Warren Lamondin, Clarington Project,
September 18, 2014, 1:00 pm to 4:00 pm
Durham Region Retired and Long-Term Service Awards, September 19, 2014,
Deer Creek Golf and Country Club, 6:00 pm to 9:00 pm
Durham Region Auction, September 27, 2014, 8:00 am, 825 Conlin Road,
Whitby, viewing – September 26, 2014, 4:00 pm to 6:00 pm
Mayor Foster extended congratulations to Councillor Woo on being elected by
acclamation to the position of as Clarington’s Regional Councillor Wards 3 and 4 for
the 2014-2018 Term.
Resolution #C-304-14
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the Rules of Procedure be suspended.
“CARRIED”
Council Meeting Minutes - 4 - September 15, 2014
Resolution #C-305-14
Moved by Councillor Neal, seconded by Councillor Novak
THAT correspondence from Dolly Goyette, Director, Central Region, Ministry of the
Environment and Climate Change, with respect to the Clarington Hydro One
Transformer Project, be added to the Agenda as Correspondence Item I - 18.
“CARRIED”
MINUTES
Resolution #C-306-14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the minutes of a regular meeting of Council July 7, 2014, be approved.
“CARRIED”
Resolution #C-307-14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the minutes of a special meeting of Council July 15, 2014, be approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Michael Patrick, Chair, Sustainable Clarington Community Advisory Committee,
addressed Council to present the Committee’s final report - “It’s All Connected:
Actions to Foster a Community-Wide Culture of Sustainability in Clarington”.
Mr. Patrick acknowledged the contributions of Committee Members Mike Dymarski,
Suzanne Elston, Allan Hewitt, Lorraine Jones, Ian Kruis, Kerry Meydam, Kira Nowick
and Mayor Foster and Councillor Hooper, Ex-officio Members, as well as members of
the public, community organizations and Regional and Municipal staff who
participated in the dialogue. Through use of a PowerPoint presentation, Mr. Patrick
provided an overview of the scope of activities, the three pillars of sustainability -
social, economic and environment, the vision of what a sustainable Clarington might
look like and nine desired outcomes to strive to be achieved and widely
communicated in the next five years.
Council Meeting Minutes - 5 - September 15, 2014
Mr. Patrick reviewed the nine desired outcomes including an engaged community;
self-sufficient neighbourhoods; green, efficient people friendly transportation;
accessible and integrated trails; natural green space; healthy, accessible waterfronts;
unique, vibrant downtowns; an attractive business environment; and, a strong,
sustainable agricultural system. Mr. Patrick highlighted the four recommended actions
to foster a community-wide culture of sustainability, specifically, the municipality and
community organizations should set and communicate the nine desired outcomes and
work together to build stronger community engagement, the Municipality should
address and implement the nine outcomes for a sustainable Clarington in the Official
Plan and the Transportation Master Plan and consider the input received by the
Committee in putting plans into action and establish a permanent, ongoing Advisory
Committee to advise Council and the community on Clarington's sustainable journey.
Resolution #C-308-14
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation of Michael Patrick be extended for five minutes.
“CARRIED”
Mr. Patrick thanked Council for the opportunity to contribute and to work with such a
rewarding group of members who came from a wide range of backgrounds. He also
thanked Curry Clifford, Corporate Initiatives Officer, for the assistance he provided to
the Committee.
Michael Patrick responded to questions from Members of Council.
Sally Hillis, Enniskillen Environmental Association, (EEA) addressed Council
concerning Correspondence Item I – 15 – Resident Concerns Regarding the
Clarington Hydro Transformer Station. Ms. Hillis stated building the transformer
station on the Oak Ridges Moraine is threatening Clarington's water supply and is
setting a dangerous precedent on property where residents rely on their wells for
clean, safe drinking water. She commended Council for steps taken to date in
protecting Clarington's water supply, including the investment of $25,000 to support
Dr. Cherry in conducting research tests on the site, to request Hydro One to drill
monitoring wells to a depth of 200 ft to the Thorncliffe aquifer which represents most
resident wells, to delay permanent road access until the controversy over groundwater
protection can be properly addressed, and to invite the City of Oshawa to collaborate
with the Municipality to enhance existing ground source water protection against
large-scale infrastructure projects such as the Clarington Transformer Station.
Council Meeting Minutes - 6 - September 15, 2014
Ms. Hillis expressed concern that Hydro One has repeatedly refused to collaborate
with Dr. Cherry; has only recently extended an invitation to Dr. Cherry and Clint Cole
to meet on site; refuses to obtain an amendment to the Groundwater Monitoring Plan
from the Ministry of Environment to drill monitoring wells from 50 ft to 200 ft to ensure
safeguarding of resident wells; has threatened to use an alternate road access if the
Townline Road access is denied; and has revealed plans to install an elaborate
drainage system for the life of the transformer station in order to build it on this high-
water table site which questions the impact on residents' wells and the agricultural
sector. Ms. Hillis stated to spend $250,000 to hire a third party independent to review
Hydro’s own data that has not been scientifically verified seems to be a complete
waste of time and taxpayers money and that the money would be better spent to
obtain current site-specific data to evaluate the merits of the project. Ms. Hillis stated
that Hydro One is the only stakeholder with an urgent timeline and that the company
shows no concern for public health and safety northe timeline required to hire a third
party consultant to properly analyze four seasons of well monitoring data before
proceeding with construction. Ms. Hillis requested that Council use its authority to
delay the Clarington Transformer Station project until the results of Dr. Cherry’s
research can be compared with that of Hydro One’s. Ms. Hillis summarized by stating
that Clarington is not the only community affected by this project, noting the City of
Oshawa and the Township of Scugog also have concerns. She requested Council to
delay the project to protect water resources. Council viewed a video-clip on the
importance of clean water.
Sally Hillis responded to questions from Members of Council and provided a
biography of Dr. John Cherry, Contaminant Hydrogeologist.
Resolution #C-309-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT the delegation of Dr. Cherry be extended to 15 minutes.
“CARRIED”
Dr. Cherry addressed Council concerning Correspondence Item I – 15 – Resident
Concerns Regarding the Clarington Hydro Transformer Station. Dr. Cherry noted he
was before Council this evening as a private citizen and not on behalf of the
Enniskillen Environmental Association (EEA) or any other group and feels he can
speak for the community of groundwater scientists and engineers who have
devoted their careers to the protection of groundwater resources. Dr. Cherry
indicated that groundwater in the Oak Ridges Moraine provides drinking water for
more than 250,000 people including approximately one quarter of the residents of
Clarington who rely on wells.
Council Meeting Minutes - 7 - September 15, 2014
Dr. Cherry expressed concern that no true science was used in the Ministry of the
Environment's decision to approve the Clarington Transformer project and that the
decision needs to be put on hold for the benefit of all. He stated that studies
appropriate for a project of this size need to be done first and he is concerned that
the project sets a dangerous precedent and bodes badly for drinking water resources
and the future of the Moraine. Dr. Cherry outlined a chronology of events that led to
Group 360 Centre for Applied Groundwater Research's involvement in the project.
He noted Group 360 reviewed the Stantec Report commissioned by Hydro One and
approved by the Ministry of the Environment (MOE) and found the report to be
superficial and misleading and did not answer the questions that should be answered
as a public obligation. Dr. Cherry indicated that last August, he and two Group 360
professors submitted a report to the EEA and the MOE indicating that study methods
now widely considered as best professional practices and modern ground water
monitoring technologies were not used in the Stantec study. Dr. Cherry noted that to
date, despite requests to meeting with the Minister to provide an explanation as to
why they found the site assessment to be so deficient, the Minister has refused to
meet with them. Dr. Cherry also advised that Hydro One has also avoided meeting
with him and that Hydro One's position is that there are no deficiencies in the
information in the reports and that no more drilling is needed. Dr. Cherry cited
examples of what he believes to be deficiencies in the studies done at the site. He
requested that resources from the EEA, the University, the Municipality and Hydro
One be pooled together to decide where several holes should be drilled and to what
depth each should be but noted that Hydro One is not on board. Dr. Cherry
summarized by stating that Council should do what is necessary to put the project on
hold and to organize a public meeting where Hydro One, Stantec and the MOE are
requested to explain and defend the Transformer Project.
Dr. Cherry responded to questions from Members of Council. In response to a
question, Dr. Cherry confirmed that the Clarington Transformer Station Project should
be subject to a full environmental assessment.
Kythe Baldwin addressed Council concerning Correspondence Item D – 13 - Grading
Issues. Mr. Baldwin indicated that he purchased his home in 2012 and has
experienced lot grading issues at the rear of the lot since the sod was laid.
Mr. Baldwin stated his lot was supposed to have a 1.2 incline at the back of the
property, grading towards the home, but noted the slope is so severe, the sod would
not adhere to it and it is impossible to cut the lawn safely. He indicated the slope of
the rear of the yard has been checked and re-checked several times but has not been
fixed. Mr. Baldwin indicated that during a recent storm, drainage from the four lots
surrounding his property drained into his property and he is concerned with the water
that will accumulate due to the winter run-off. Mr. Baldwin noted that his family has
not been able to enjoy their entire property for the past two years and that the
Municipality should take responsibility for this poor grading plan. He requested
Council to rectify the situation.
Council Meeting Minutes - 8 - September 15, 2014
Steve Carruthers addressed Council concerning Unfinished Business #1 - Addendum
to Report PSD-041-14 - Application for Draft Plan of Subdivision to Permit the
Development of 24 Detached Dwellings and a Park. Mr. Carruthers stated the public
meeting held on September 3, 2014, provided the opportunity for members of the
public to express their concerns and to obtain answers from planning staff and the
hydrogeological engineer. He indicated that there is sufficient water to support the
development and that it should not be an issue for the area residents. Mr. Carruthers
stated that residents were excited about the park plan but requested that it be
expedited. He stated approval of the application would provide for 24 families to be
part of the community and would help sustain the school and the viability of the store.
Mr. Carruthers confirmed that he has received positive feedback following the public
meeting.
Phil Palumbo addressed Council concerning Unfinished Business #1 - Addendum to
Report PSD-041-14 - Application for Draft Plan of Subdivision to Permit the
Development of 24 Detached Dwellings and a Park. Mr. Palumbo stated he is one of
the residents in support of the subdivision and the inclusion of the park. He noted that
the 24 homes will address the declining population of the Enniskillen Public School.
Resolution #C-310-14
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:31 p.m.
Correspondence Item I – 18 was received as a Hand-Out.
I - 1 Minutes of the Newcastle Memorial Arena Management Board dated
June 10, and July 8, 2014
I - 2 Minutes of the Agricultural Advisory Committee of Clarington dated July 10,
2014
I - 3 Minutes of the Ganaraska Region Conservation Authority dated June 19,
2014
I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated July 8, 2014
I - 6 Minutes of the Orono Arena Community Centre Board dated June 24, 2014
I - 8 Minutes of the Newcastle Community Hall Board dated May 20, 2014
Council Meeting Minutes - 9 - September 15, 2014
I - 9 Linda J. Laliberte, CAO/Secretary-Treasurer, Ganaraska Region
Conservation Authority (GRCA), forwarding a copy of the Ganaraska
Region Conservation Authority Climate Change Strategy, 2014, a strategy
providing direction for addressing climate change through adaption and
mitigation measures, recommendations required to integrate climate
change consideration into programs and operations of the GRCA and
serving as a resource to member municipalities, local businesses,
industries and the general public.
I - 10 Julius Arscott, Application Assessment Officer, Ministry of the Environment
(MOE), advising of the receipt of an application from St. Marys Cement for
an Environmental Compliance Approval to operate a Waste Disposal Site
thermal treatment facility to be located in Clarington to permit the use of
non-hazardous wood waste up to 100 tonnes per day; requesting the
Municipality comment on the application by August 25, 2014; and, advising
that details relating to the application can be found at the Environmental Bill
of Rights Environmental Registry at http://www.ebr.gov.on.ca/ERS-WEB-
External/.
I - 12 Karen Bastas, Event Coordinator, Jane Black, Marion Saunders, and
Deb Miller, Canada Day Committee, Newcastle Business Improvement
Association, extending appreciation to Council and staff for the donation
and assistance to Newcastle’s Canada Day Celebration.
I - 13 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 June 5, 2014,
regarding Request for Revised Submission Date for the Durham
York Energy Centre Third Party Independent Audit Report #5
Letter to the Ministry of the Environment dated June 3, 2014,
regarding Public Meeting Prior to First Receipt of Waste
Letter to the Ministry of the Environment dated May 23, 2014,
regarding 2013 Annual Ambient Air Monitoring Report
Annual Ambient Air Quality Monitoring Report for the Durham York
Energy Centre – May to December 2013 (May 14, 2014; 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 - 10 - September 15, 2014
I - 14 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 and Climate Change dated
August 7, 2014, regarding Submission of the Ambient Air Monitoring
st
2014 1 Quarterly Report
Stantec Cover Letter regarding Q1 2014 Ambient Air Quality
Monitoring Report for the Durham York Energy Centre (June 23,
2014)
Stantec Quarterly Ambient Air Quality Monitoring Report for the
Durham York Energy Centre – January to March 2014 (June 23,
2014)
Letter to the Ministry of the Environment and Climate Change dated
August 5, 2014, regarding Submission of June 2014 Complaint and
Inquiry Logs
Durham York Energy Centre Complaint and Inquiry Protocol Log –
June 2014
Letter to the Ministry of the Environment and Climate Change dated
July 16, 2014, regarding Submission of the May 2014 DYEC
Complaint and Inquiry Logs
Durham York Energy Centre Complaint and Inquiry Protocol Log –
May 2014; and
advising that the documents are also available on the EFW project website
at http://www.durhamyorkwaste.ca/project/efw-committee.htm.
I - 16 Greg Lymer, Risk Management Official, Works Department, Regional
Municipality of Durham, forwarding a copy of the comments of the Region
of Durham submitted on the Amended Proposed Credit
Valley – Toronto and Region – Central Lake Ontario Source Protection
Plan.
I - 17 Brad Bowness, Director, Project Management, Hydro One Networks Inc.,
responding to Council’s correspondence of August 29, 2014, regarding the
Clarington Transformer Station; thanking Council for the Municipality’s
investment in the process to select an independent, third-party expert to
review ongoing monitoring results and address community concerns;
indicating that Hydro One received Ministry of the Environment Approval
(MOE) on the Groundwater and Surface Water Monitoring Program and
presented the program at the first Community Liaison Committee (CLC)
meeting, and that based on feedback from the CLC, Hydro One has
expanded the plan to include wells within 1,200 metres of the station;
advising that after property access for the station has been determined,
Hydro One will schedule a construction Public Information Centre featuring
panels with construction logistics including the access road, truck route and
overall project schedule; and, that the draft minutes of the last CLC meeting
Council Meeting Minutes - 11 - September 15, 2014
will be issued with a question and answer document that addresses
specific questions raised in the meeting. The correspondence also noted
that Hydro One understands that Dr. Cherry of Group 360 has expressed
concerns regarding the Environmental Study Report but that they have yet
to receive any substantive comments on the program directly from Dr.
Cherry and have accepted Council’s recommendation to meet and discuss
the project with him and Dr. Parker.
I - 18 Dolly Goyette, Director, Central Region, Ministry of the Environment and
Climate Change, providing clarity on the scientific evidence and analysis on
which the decision to deny the Part II Order request received for Hydro
One’s Clarington Transformer Station Project’s Class Environmental
Assessment was based; indicating that the Ministry considered and
acknowledged the concerns of the Enniskillen Environmental Association
(EEA) noting that as part of the review of the Part II Order requests, all
information, including the hydrogeological analysis undertaken by Hydro
One as well as the analysis commissioned by the Association, was
reviewed in detail by Ministry hydrogeologists, Ministry technical staff
provided comments and concluded that they had no outstanding concerns
with respect to the construction or operational activities of the Project from
a groundwater perspective; advising that a condition has been placed on
Hydro One to submit a Groundwater Monitoring Plan prior to project
construction and to make it available on the Project website for public
viewing; and, summarizing that the Ministry is satisfied that Hydro One has
met the requirements of the Class Environmental Assessment for
considering potential impacts to the surrounding natural environment,
specifically groundwater, has adequately documented public safety and
emergency management measures, and that aquatic features and
ecological resources have been adequately considered in the Project
documentation, and that the Ministry is confident that the Groundwater and
Surface Monitoring Plan will confirm the assumptions made during the
Class Environmental Assessment process and ensure any unforeseen
effects are addressed.
Resolution #C-311-14
Moved by Councillor Partner, seconded by Councillor Traill
THAT the communications I - 1 to I - 18 to be received for information be approved,
with the exception of Items I - 5, I - 7, I - 11 and I - 15.
“CARRIED”
Council Meeting Minutes - 12 - September 15, 2014
I - 15 Clint Cole, Member, Enniskillen Environmental Association, expressing
concern regarding the Clarington Hydro One Transformer Station well
monitoring plan; advising Council that over the summer months, Hydro One
has failed to show any indication or commitment to drill site monitoring
wells to the depth of the Thorncliff aquifer; and, indicating that drilling to the
proper well depth to collect the necessary hydrogeological and hydrological
data from the deeper ground depths would effectively assist the large scale
ground water research project about to proceed, would give a true and
more accurate picture of what is going on below the ground surface at
various depths, and would be more representative of the surrounding
private resident wells in the area to better assess potential impacts of the
project.
Resolution #C-312-14
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Hydro One be requested to provide additional funding to Group 360 for their
Groundwater Research Project proposal;
FURTHER THAT access be granted to Group 360 to the site for a deep water bore
hole;
THAT Sally Hillis and Dr. Cherry be thanked for their delegations; and
THAT all interested parties be advised of Council’s decision.
“CARRIED”
I - 5 Minutes of the Clarington Safe Communities Advisory Committee dated
May 15, 2014
Resolution #C-313-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the Minutes of the Clarington Safe Communities Advisory Committee dated
May 15, 2014, be amended to reflect that Councillor Hooper was in attendance; and
THAT the minutes be received for information.
“CARRIED”
I - 7 Minutes of the Sustainable Clarington Community Advisory Committee
dated August 14, 2014
Council Meeting Minutes - 13 - September 15, 2014
Resolution #C-314-14
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the minutes of the Sustainable Clarington Community Advisory Committee
dated August 14, 2014 be received for information.
“CARRIED”
I - 11 Kathy Stranks, Manager, Corporate Secretariat, Toronto and Region
Conservation Area (TRCA) forwarding TRCA’s report with respect to
Update on Expanding Ontario’s Greenbelt, summarizing municipal efforts
to study the impacts of the expansion of the Greenbelt and plans for
growing the Greenbelt.
Resolution #C-315-14
Moved by Councillor Woo, seconded by Councillor Traill
THAT the correspondence from the Toronto and Region Conservation Authority
providing an update on Expanding Ontario’s Greenbelt be endorsed;
THAT the Municipality of Clarington encourage the Province of Ontario to clarify and
simplify the process for municipalities that want to grow the Greenbelt within their
borders; and
THAT this resolution be sent to all GTA and Northumberland municipalities.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
D - 1 Charlotte Macgregor, Communications & Marketing, Prostate Cancer
Canada, requesting the month of September be proclaimed “Prostate
Cancer Awareness Month” to raise awareness of the disease and support
the estimated 23,600 Canadian men who will be diagnosed in 2014.
(Proclaimed)
D - 2 Matthew Way, RN, BScN, Public Health Nurse, Regional Municipality of
Durham, requesting that the month of October be proclaimed as
“International Walk to School Month” and Wednesday, October 8, 2014,
be proclaimed as “International Walk to School Day” (IWALK), an annual
event to promote physical activity, safe communities and clean air.
(Proclaimed)
Council Meeting Minutes - 14 - September 15, 2014
D - 3 Peter Hoekstra, Celebration Fireworks, requesting permission to host a
fireworks display at the Canadian Tire Motorsport Park on September 27,
2014, at 9:00 p.m.
(Approved provided the Organizers apply
for and obtain a Fireworks Permit from the
Municipal Clerk’s Department)
D - 4 Peter Hoekstra, Celebration Fireworks, requesting permission to host a
fireworks display at Van Belle’s Flower and Garden Centre, 1979 Highway
2 on October 18, 2014, from 9:00 p.m. to 10:00 p.m.
(Approved provided the Organizers apply
for and obtain a Fireworks Permit from the
Municipal Clerk’s Department)
D - 5 John Vogels and Laurel Gould, requesting an extension to March 20,
2015, for use of a house trailer as living quarters at 6040 Darlington
Manvers Townline Road during construction of a new residential dwelling
to replace their home which was destroyed by fire in February, 2014.
(Extension to the use of a house trailer as
temporary living quarters at 6040 Darlington
Manvers Townline Road until March 20,
2015 approved, subject to the signing of a
further Letter of Undertaking)
D - 6 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising Council that on June 25, 2014, Regional
Council adopted the following resolution pertaining to the Cycling
Communications Plan:
“a) THAT staff be authorized to consult with the area municipalities on the
draft Regional Municipality of Durham, three-year Strategic Cycling
Communications Plan; and
b) THAT a copy of Report #2014-P-35 of the Commissioner of Planning
and Economic Development be forwarded to the area municipalities.”
(Correspondence referred to staff)
D - 7 Lynda Motschenbacher requesting a nine-month extension to building
permit #10.0211 to allow for completion of a new residence at
8535 Ormiston Road, Enfield; advising of work completed and inspected
to date; and, indicating they anticipate occupancy of the new house by
September 2015.
(Nine-month extension to the use of
temporary living quarters at 8535 Ormiston
Road, Enfield approved, subject to the
signing of a further Letter of Undertaking)
Council Meeting Minutes - 15 - September 15, 2014
D - 8 Fred Hahn, President, Canadian Union of Public Employees (CUPE)
Ontario and Sheila Olan-MacLean, President, The Ontario Coalition for
Better Child Care (OCBCC) requesting that Wednesday, October 29,
2014, be proclaimed as “Child Care Worker & Early Childhood Educator
Appreciation Day” in Clarington, in recognition of the education, skills,
commitment and dedication of early child care educators and staff to
children, their families and quality of life of the community.
(Proclaimed)
D - 9 Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario,
requesting the proclamation of “Waste Reduction Week” from October 20
to 26, 2014, in an effort to educate and engage Ontarians about waste
reduction.
(Proclaimed)
D - 10 Tom Feddema, requesting an extension to the use of temporary living
quarters at 2704 Concession Road 7, to November 30, 2014.
(Extension to the use of temporary living
quarters at 2704 Concession Road 7
approved, subject to the signing of a
further Letter of Undertaking)
Resolution #C-316-14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Items D - 1 to D - 10 be approved as per the Agenda.
“CARRIED”
D - 11 Kathy Kielt, Deputy Clerk and Supervisor of Council and Committee
Services, Halton Region, advising that on July 9, 2014, Council of the
Regional Municipality of Halton adopted the following resolution pertaining
to Protection of Public Participation Act, 2014 (Bill 83):
“WHEREAS Bill 83, Protection of Public Participation Act, 2014, being “An
Statutory Powers of Procedure Act in order to protect expression on
matters of public interest” (hereinafter “Bill 83”), was introduced into the
Provincial Legislature in June 2013;
WHEREAS Bill 83 was introduced by the government out of concern that
Strategic Lawsuits Against Public Participation (SLAPP), being lawsuits
brought before the court by one party against another party or individual
as a tactic for silencing or intimidating the other party, are having a chilling
effect on public participation on contentious matters of public interest in
Ontario;
Council Meeting Minutes - 16 - September 15, 2014
WHEREAS Bill 83 is intended to protect persons from being subjected to
legal proceedings that would stifle their ability to speak out on public
issues or promote, in the public interest, action by the public or any level
of government;
WHEREAS the ability to engage in public participation forums is the
foundation of a democratic society;
WHEREAS there exists a number of high profile environmental issues in
the Regional Municipality of Halton that are of public interest and that have
generated a great deal of debate in the community;
WHEREAS Regional Council is of the opinion that public participation in
matters of public interest ought to be encouraged and not discouraged
through tactics such as strategic lawsuits against public participation;
WHEREAS provision is made in Bill 83 to amend the Courts of Justice Act
for such SLAPP legal proceedings to be dismissed at an early stage and
for defendants subjected to such proceedings to be indemnified for
incurred costs in such proceedings with the potential for additional
damages to be awarded in appropriate circumstances;
WHEREAS provision is made in Bill 83 to amend the Libel and Slander
Act to state that any qualified privilege that applies in respect of an oral or
written communication on a matter of public interest between two or more
persons who have a direct interest in the matter applies regardless of
whether the communication is witnessed or reported on by media
representatives or other persons;
WHEREAS provision is made in Bill 83 to amend the Statutory Powers
Procedure Act to provide that submissions for a costs order in a
proceeding must be made in writing, unless the tribunal determines that to
do so is likely to cause a party to the proceeding significant prejudice;
THEREFORE BE IT RESOLVED THAT the Council of the Regional
Municipality of Halton advise the newly elected Premier of the Province of
Ontario, the Honorable Kathleen Wynne, Halton MP’s and MPP’s, party
leaders and all Ontario municipalities of its support for the Protection of
Public Participation Act, 2014 and request that Bill 83 be re-introduced
forthwith in the Legislature;
THAT the Regional Chair be requested to meet with Halton’s newly
elected Members of Provincial Parliament to encourage the Province to
reintroduce the anti-SLAPP legislation; and
THAT the Association of Municipalities of Ontario be requested to support
this resolution.”
Council Meeting Minutes - 17 - September 15, 2014
Resolution #C-317-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the resolution from the Regional Municipality of Halton, with respect to the
Protection of Public Participation Act, 2014, be endorsed.
“CARRIED”
D - 12 Michael Patrick, Chair, Sustainable Clarington Community Advisory
Committee, submitting the Committee’s final report – “It’s All Connected:
Actions to Foster a Community-Wide Culture of Sustainability in
Clarington”.
Resolution #C-318-14
Moved by Councillor Hooper, seconded by Councillor Novak
WHEREAS the Sustainable Clarington Community Advisory Committee has
extensively consulted the diversity of our community from cyclists to
conservationists, entrepreneurs to ecologists, farmers to fishers, teen counsellors to
tourism operators, Veridian to volunteers;
AND WHEREAS the Committee has provided this Council and the community with
clear, practical advice about how all these interests in our community are connected
and specific actions to take on our sustainability journey;
AND WHEREAS their recommendations can and should be acted on without delay;
NOW THEREFORE BE IT RESOLVED THAT staff consider the Committee's
recommendation 3.A. in the update of the Clarington Official Plan (OP) and the
preparation of the Transportation Master Plan (TMP); that is the nine outcomes for a
sustainable Clarington that the Committee has set out in their recommendation 1A
and, in completing these plans, staff also consider the input received by this
Committee as shown in Appendix 5 and 6 of their report;
THAT the balance of the Committee's recommendations be considered early in the
development of the Municipality's 2015-18 strategic plan; and
THAT the Committee be thanked for their significant contribution to the sustainability
of Clarington.
“CARRIED”
Council Meeting Minutes - 18 - September 15, 2014
D - 13 Kythe Baldwin advising that he purchased his home in 2012 and has
experienced problems with the grading of the rear of his lot since the sod
has been put down; indicating that to date, his concerns have not been
satisfactorily addressed by either the builder or the Municipality; that the
slope on the rear of the yard is so severe that it is very dangerous to cut
the grass, the run-off from other properties drains into his yard and that his
family is not able to enjoy their entire property; and, questioning what
actions the Municipality will take to rectify the poor grading plan and to
alleviate any potential liability issues.
Resolution #C-319-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT Correspondence Item D - 13 from Kythe Baldwin, with respect to grading
issues, be referred to the Director of Engineering Services.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 8,
2014
Resolution #C-320-14
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of September 8,
2014 be approvedwith the exception of Items #1(b), #10, #11 and #15.
,
“CARRIED”
Councillor Novak declared a pecuniary interest with respect to Item 1(b) of Report #1,
as she has a family member employed by one of the firms listed in the Report, and left
the Council Chambers during discussion and voting on this matter.
Item #1(b)
Resolution #C-321-14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report COD-016-14 be received for information.
“CARRIED”
Council Meeting Minutes - 19 - September 15, 2014
Councillor Novak returned to the meeting.
Item #10
Resolution #C-322-14
Moved by Councillor Novak, seconded by Councillor Hooper
THAT based on the memo from the Deputy Fire Chief, epinephrine autoinjectors be
endorsed; and
THAT in 2015 staff request funds to stock child and adult epipens throughout
Emergency Services and roll out the program.
“CARRIED”
Item #11
Resolution #C-323-14
Moved by Councillor Neal, seconded by Councillor Hooper
WHEREAS the Protocol for Council Appointed Advisory Committees was approved by
Council in 2004 with a purpose to establish standardized Rules of Procedure for
Council Appointed Advisory Committees;
AND WHEREAS the Protocol states the Term of Committees as follows:
“The term of the committee shall coincide with the term of Council or as
otherwise indicate in the specific Terms of Reference for the Committee.
In general, a Committee shall not meet between the time of the
municipal Council elections and the appointment of a new Committee by
council, unless considered necessary by the relevant liaison.”
AND WHEREAS the term of the current Council expires on November 30, 2014 with
the term of the new Council beginning on December 1, 2014;
AND WHEREAS the historical process for appointments to Boards and Committees
begins with appointment advertisements in November of the election year, and results
in appointments being made by Council in January of the following year;
AND WHEREAS this delay of Committee activity can impact the progress and
momentum of the Advisory Committees;
Council Meeting Minutes - 20 - September 15, 2014
NOW THEREFORE BE IT RESOLVED THAT the Term for the Advisory Committees,
which do not have specific Terms of Reference, be extended until their successors are
appointed with the exception of all non-returning Members of Council currently sitting
on these Advisory Committees.
“MOTION WITHDRAWN”
(See following motion)
Resolution #C-324-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT Item 11 of Report #1 be tabled to the September 29, 2014, Council meeting.
“MOTION LOST”
Resolution #C-325-14
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS the Protocol for Council Appointed Advisory Committees was approved by
Council in 2004 with a purpose to establish standardized Rules of Procedure for
Council Appointed Advisory Committees;
AND WHEREAS the Protocol states the Term of Committees as follows:
“The term of the committee shall coincide with the term of Council or as
otherwise indicate in the specific Terms of Reference for the Committee.
In general, a Committee shall not meet between the time of the
municipal Council elections and the appointment of a new Committee by
council, unless considered necessary by the relevant liaison.”
AND WHEREAS the term of the current Council expires on November 30, 2014 with
the term of the new Council beginning on December 1, 2014;
AND WHEREAS the historical process for appointments to Boards and Committees
begins with appointment advertisements in November of the election year, and results
in appointments being made by Council in January of the following year;
AND WHEREAS this delay of Committee activity can impact the progress and
momentum of the Advisory Committees;
Council Meeting Minutes - 21 - September 15, 2014
NOW THEREFORE BE IT RESOLVED THAT the Term for the Advisory Committees,
which do not have specific Terms of Reference, be extended until their successors are
appointed with the exception of all non-returning Members of Council currently sitting
on these Advisory Committees.
“CARRIED”
Item 15
Resolution #C-326-14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Mayor Foster be directed to send a letter to Republic Live congratulating them
on the success of the 2014 Boots and Hearts Music Festival.
“CARRIED”
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
UNFINISHED BUSINESS
Addendum to Report PSD-041-14 - Application for Draft Plan of Subdivision to Permit
the Development of 24 Detached Dwellings and a Park
Resolution #C-327-14
Moved by Councillor Hooper, seconded by Councillor Novak
That Addendum to Report PSD-041-14 and Report PSD-041-14 be received;
That the application for Draft Plan of Subdivision 18T-89012 submitted by D.G. Biddle
and Associates on behalf of Steven and Karen Carruthers be supported subject to
conditions generally as contained in Attachment 3 to Report PSD-041-14;
That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-041-
14 and Council’s decision; and
That all interested parties listed in Report PSD-041-14 and any delegations be
advised of Council’s decision.
“CARRIED”
Council Meeting Minutes - 22 - September 15, 2014
BY-LAWS
By-laws 2014-097 and 2014-098 were received as Hand-Outs.
Councillor Novak stated a pecuniary interest earlier in the meeting, refrained from
voting on the By-laws and left the Council Chambers during discussion and voting on
the By-laws.
Resolution #C-328-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2014-091 to 2014-098
2014-091 Being a By-law to authorize the borrowing of $15,000,000 to meet, until the
taxes are collected, the current expenditures of the Municipality for the years
2014, 2015, 2016, 2017 and 2018
2014-092 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
2014-093 Being a By-law to amend By-law 2014-020 (Special Events on Private Property)
2014-094 Being a By-law to establish a municipal service board to control and manage
activities at the Newcastle Village Community Hall
2014-095 Being a By-law to appoint individuals as a Parking Enforcement Officer for
Private Property (Paul Long, Nick Koitsopoulas, Brett MacNeil, Jeremy
Andrews, Connor Cosgrove, and Craig Bennett) (Connell Lane from Unit 2 to
Unit 95 and Farmstead Drive from Unit 2 to Unit 69)
2014-096 Being a By-law to appoint individuals as a Parking Enforcement Officer for
Private Property (Jeremy Andrews, Connor Cosgrove, and Craig Bennett )
(83, 87, 90, 91, 94, 98, 102, 106, 120, 124, 128, 132 & 136 Aspen Springs
Drive, 72 Martin Road, 243 King Street East, 144 Queen Street, 95 Wellington
Street and Connell Lane from Unit 2 to Unit 95 and Farmstead Drive from Unit 2
to Unit 69)
2014-097 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (William Tonno Construction Limited)
2014-098 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (2265719 Ontario Inc.); and
THAT the said by-laws be approved.
“CARRIED”
Council Meeting Minutes - 23 - September 15, 2014
Councillor Novak returned to the meeting.
OTHER BUSINESS
Councillor Novak questioned the Director of Engineering Services regarding
construction issues on Pebblestone Road. The Director of Engineering Services
stated that the contractor has been advised of items that need to be addressed
immediately. The Director of Engineering Services stated that staff will follow-up
with affected residents in the area.
Councillor Neal questioned whether the Special Events By-law could be amended
to ban confederate flags. The Municipal Solicitor advised of the requirements of
the applicant to comply with all applicable laws and, in his opinion, no amendment
to the by-law was necessary.
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
Councillor Novak 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-329-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-law 2014-099, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 15 day of September, 2014; and
THAT the said by-law be approved.
“CARRIED”
Councillor Novak returned to the meeting.
Council Meeting Minutes - 24 - September 15, 2014
ADJOURNMENT
Resolution #C-330-14
Moved by Councillor Partner, seconded by Councillor Traill
THAT the meeting adjourn at 10:23 p.m.
"CARRIED"
,A �
MA AN L NIA AL CLERK