HomeMy WebLinkAbout09-29-2014
Council Meeting Minutes
September 29, 2014
Minutes of a regular meeting of Council held on September 29, 2014 at 7:00 p.m. in
the Council Chambers.
Councillor Partner led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Sustainable Development Coordinator, A. Burke, attended
until 7:39 pm
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Corporate Initiatives Officer, C. Clifford
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Corporate Communications Officer, B. Radomski
Manager of Community Planning and Design, C. Salazar,
attended until 7:39 pm
Communications Co-Ordinator, J. Stycuk, attended until 7:43 pm
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Municipal Clerk, A. Greentree
Administrative Assistant to the Municipal Clerk, C. Fleming
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Councillor Traill announced the following:
Samuel Wilmot Nature Area Advisory Committee Scavenger Hunt, October 4,
2014, 10:00 am at the Toronto Street entrance
Council Meeting Minutes - 2 - September 29, 2014
Official Opening of the Port Darlington East Beach Park, October 9, 2014,
2:00 pm
Councillor Traill extended congratulations to Sergeant At Arms, John Greenfield who
received a Palm Leaf Award and Community Medallion, acknowledging his
commitment to the Legion and the community.
Councillor Woo announced the following:
“Breakfast on the Farm”, October 4, 2014, 9:00 am to 1:00 pm hosted by
Wilmot Orchards of Newcastle in support of Ontario’s food and farm industry
Newcastle Harvest Festival, October 4, 2014, 8:00 am to 4:00 pm featuring a
classic car show, antique tractors, pancake breakfast, kids crafts, arts and
crafts, food trucks and an “Octoberfest” in the Town Hall
th
20 Annual “Walk for Dog Guides”, October 4, 2014, 8:30 am to 11:00 am
hosted by the Newcastle Lions Club in conjunction with the Lions Foundation of
Canada
Annual Burger Eating Competition, October 4, 2014, 11:30 am in front of the
old Newcastle House
Tree Dedication Ceremony in memory of Gary Jeffery, former Chair of the
Agricultural Advisory Committee of Clarington, October 9, 2014, 7 pm, Visual
Arts Centre
Councillor Hooper announced the following:
Children’s Annual Groundwater Festival, September 22 to September 26, 2014,
at Camp Samac. He accepted the 2014 Platinum Sponsor Award on behalf of
the Municipality.
th
125 Anniversary Open House Celebration, Central Public School, October 3,
2014, formal ceremony and cake cutting at 7:00 pm
th
25 Anniversary Celebration of “Applefest and Craft Sale”, October 18, 2014,
9:00 am to 5:00 pm, downtown Bowmanville. Further information is available at
www.bowmanville.com
Sale of 2015 Historic Barns calendars at various locations within the
Municipality at a cost of $5
Firehouse Youth Committee’s “Fright Night” October 17, 2014, 7:00 pm to
10:00 pm and October 18, 2014, 2:00 pm to 9:00 pm, admission $7.00
Clarington Older Adult Strategy sessions are continuing
Councillor Hooper advised he attended a ceremony at the Royal Canadian Legion
Branch 178 on September 28, 2014, where Comrade Fred Brown Sr. was bestowed
with the National Order of the Legion of Honour Award by French Deputy Defence
Attaché Lt.-Col. Roger Vandomme and Erin O’Toole, MP. John Greenfield was also
bestowed with a Pond Leaf Award for his work with Veterans and dedication to the
Municipality.
Council Meeting Minutes - 3 - September 29, 2014
Councillor Neal announced the following:
Older Adult Strategy Public Input Meeting, September 30, 2014, 9:30 am,
Courtice Community Complex
Clemy Classic, fundraising golf tournament hosted by the Hampton United
Church, September 26, 2014
Councillor Novak announced the following:
MusiCounts, Canada’s music education charity, is accepting Band Aid Grant
applications until November 7, 2014
Canada Remembers: Stories from WWI and WWII, Sara Jane Williams
Heritage Centre, October 10, 2014, 6:30 pm to 8:00 pm
Fire Safety Day was a tremendous success with approximately 5,000 to 6,000
in attendance
Councillor Partner announced the following:
th
16 Annual Orono Chili Cook-off on September 27, 2014 was a huge success
Older Adult Strategy Public Input Meeting, September 30, 2014, 6:30 pm to
8:00 pm, Durham County Senior Citizens Lodge, 200 Station Street, Orono
Durham Region Waste Management combined E-Waste and Hazardous
Household Waste Event, October 4, 2014, 8:00 am to 12:00 noon
178 Darlington/Clarke Townline Road
Newcastle Harvest Festival, October 4, 2014, King Avenue West from Beaver
Street to the Clarington Public Library Newcastle Branch, details at
www.facebook.com/newcastleharvestfestival
Opening of the Bright Star Corporation Senior Condominium Showroom,
October 18, 2014 and October 19, 2014, 85 King Avenue East
Clarington Farmers’ Market, Newcastle Arena parking lot until October 26,
2014
Remembrance Day Services in Ward 4:
Newtonville Cenotaph, November 8, 2014, 10:30 am
o
Orono Remembrance Service and Parade, November 9, 2014, starting
o
at 1:15 pm
Newcastle Remembrance Day Service, November 11, 2014, 10:30 am
o
Newcastle Santa Clause Parade, November 16, 2014, 5:00 p.m.
rd
3 Annual Orono Santa Claus Parade, November 22, 2014,10:30 am
Clarington Accessibility Advisory Committee’s recommendation of Marshall
Hohmann, to the Region of Durham Accessibility Awards
Mayor Foster announced the following:
“National Seniors Day”, October 1, 2014
Opening Ceremony for the Clarington Flames Girls Hockey Team, October 4,
2014, 10:30 am
Council Meeting Minutes - 4 - September 29, 2014
Success of Clarington’s Family Safety Day
Canada Remembers: Stories from WWI and WWII, Sara Jane Williams
Heritage Centre, October 10, 2014, 10:00 am to 4:00 pm
Certificate of Appreciation from the Big Brothers and Sisters of Clarington
Congratulations to Nancy Taylor and Jennifer Cooke who have been
recognized for 20 years of service to AMCTO - Municipal Managers, Clerks and
Treasurers of Ontario
MusiCounts, Canada’s music education charity, is accepting Band Aid Grant
applications until November 7, 2014
MINUTES
Resolution #C-331-14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the minutes of a regular meeting of Council September 15, 2014, be approved.
“CARRIED”
PRESENTATIONS
Amy Burke, PRIORITY GREEN Clarington Coordinator, addressed Council to
recognize and express appreciation to Brookfield Residential, Halminen Homes and
Jeffery Homes for their leadership and support of Priority Green Clarington’s Green
Demonstration Project. Through use of a PowerPoint presentation, Ms. Burke
highlighted the Green Demonstration Project, one component of the Priority Green
Clarington initiative, established to set a new standard for residential development
prioritizing sustainability, promoting innovation and enhancing the community’s quality
of life through green development practices. Ms. Burke stated three local builders
have now completed construction of two homes each that include water conservation
and energy efficiency measures that surpass the requirements of Ontario’s Building
Code. She indicated that six families have shown interest in having these measures
implemented in their new homes and monitored on how they perform under real-life
conditions. Ms. Burke highlighted the potential benefits of reducing greenhouse
gases, pollution, waste and environmental degradation, and potential cost savings of
greener homes in reducing demand on public infrastructure, including stormwater
management facilities, treatment and distribution of potable water and sewage
treatment. Ms. Burke stated all six Green Demonstration Project homes will be
occupied as of the end of this week and that following a four month period of data
collection, the energy and water savings and value will be assessed and comparisons
will be made to homes built to the current building code requirements. She noted the
information gathered and lessons learned will be shared with the community.
Ms. Burke introduced William Greig, Bob Stewart and Erminio Labriola, Brookfield
Residential, Hannu Halminen and Katrina Metzner Yarrow, Halminen Homes and
Scott Jeffery, Jeffery Homes.
Council Meeting Minutes - 5 - September 29, 2014
Mayor Foster presented Certificates of Recognition to William Greig, Bob Stewart and
Erminio Labriolo from Brookfield Residential, Katrina Metzner Yarrow and Hannu Halminen
from Halminen Homes and Scott Jeffery from Jeffery Homes.
Mayor Foster presented a cheque in the amount of $22,349.22 to Jaki MacKinnon and
Wendy Staal,Bethesda House, representing theproceeds of the Mayor’s Golf Classic
Tournament.
Ms. MacKinnon extended appreciation to Council on behalf of Bethesda House,
acknowledging the funds will be put to good use in providing services to women, youth
and children. She advised that the need for funding is still great.
DELEGATIONS
Terri Pellerin, Member, Enniskillen Environmental Association (EEA) addressed
Council expressing appreciation for Council’s willingness and action in working
together to protect the groundwater of the Oak Ridges Moraine. Ms. Pellerin referred
to the desktop review of the Clarington Transformer Station site performed by Stantec
and approved by the Ministry of the Environment (MOE). Ms. Pellerin stated that
Council has the ability to pass a Groundwater Protection By-law to ensure that a weak
Environmental Assessment would never be submitted to the MOE from Clarington in
the future. Ms. Pellerin advised that several Canadian municipalities have protected
their groundwater by enacting strong municipal zoning by-laws and urged Council to
enact a precedent-setting Groundwater Protection By-law for the Municipality of
Clarington, the Oak Ridges Moraine and for Ontario.
Sally Hillis, Member, Enniskillen Environmental Association (EEA) addressed Council
concerning Item 18 of Report #1 - 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. Ms. Hillis
expressed concern that the Environmental Assessment conducted by Stantec was
submitted effectively as a desk top study with no site specific, hydro-geological
scientific testing to ensure protection of Clarington’s groundwater. Ms. Hillis
referenced Council’s discussion at the last General Purpose and Administration
Committee meeting regarding a proposed by-law to protect Clarington residents’
drinking water from high risk infrastructure on the Oak Ridges Moraine and Hydro
One’s threat of legal action should the by-law be passed. Ms. Hillis feels that Hydro
One is only concerned with its deadline to begin construction and is not concerned
with public health and safety or environmental protection. Ms. Hillis quoted sections of
Hydro One’s website referring to their commitment to the environment and their
Environmental Policy as well as quoting the Ministry of the Environment and Climate
Change’s mission statement to protect and improve the quality of the environment by
using science and research to develop policies, legislation, regulations and standards.
Ms. Hillis requested that Council consider a plan to assemble a team to include
Dr. Gerber, Hydro One’s groundwater experts and Dr. Cherry, to eliminate the third
party independent and re-allocate funding for drilling and installing the monitoring
devices, to begin testing within two weeks with preliminary results available in two
Council Meeting Minutes - 6 - September 29, 2014
months, and to insure that once towers are completed, no further construction be
done until sufficient data is collected to determine if the site is safe to proceed with the
large transformers. She request that if the data collected indicates the site is unsafe or
unsuitable for the transformer station, the project be re-submitted to the Ministry of the
Environment for a full environmental assessment. Ms. Hillis quoted the following
statement from Hydro One’s website – “Our Commitment – Do the Right Thing” and
respectfully asked Council to “do the right thing”.
Dr. John Cherry addressed Council concerning Item 18 of Report #1 - 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. Dr. Cherry indicated he was before Council tonight due to the
irresponsible threat to the moraine and its broader implications. Dr. Cherry stated he
has worked on projects all over the world and he is ashamed and embarrassed with
the behavior of Hydro One and the Ministry of the Environment in submitting and
approving this project. Dr. Cherry expressed concern that the Ministry approved the
project despite a detailed report he and his colleagues submitted outlining concerns
with the project and despite their offer to meet with the Minister to discuss their
concerns. Dr. Cherry stated he was concerned that Hydro One has portrayed the
project as minor, and feels there is not enough information to proceed, particularly if
there are aquifirs beneath the site and if the impact would make the water non-
drinkable. Dr. Cherry suggested that Council send a message to Hydro One to
adhere to ethical practices, and that Council do everything possible to delay the
project to allow for a detailed scientific study to be conducted. Dr. Cherry commended
the citizens group for their time and effort put into battling the Clarington Transformer
Station Project.
Dr. Cherry responded to questions from Members of Council. In response to a
question, Dr. Cherry confirmed that deep hole drilling should be drilled into the
bedrock.
Kate Rossen addressed Council concerning Item 2 of Report #1 - Proposed Draft Plan
of Subdivision and Rezoning to Permit a 90 Unit Residential Development
(Bowmanville Village Inc.) representing not only herself but speaking on behalf of
friends and neighbours on Buttonshaw Street and Buxton Lane. Ms. Rossen
indicated that prior to purchasing her home, she contacted the Municipality and was
informed that the land behind their lot was environmentally protected. She stated that
her neighbours also did their due diligence and were told the land was protected land.
Ms. Rossen stated residents are now frustrated and confused. She indicated that a
major draw to the area was the inclusion of the school and expressed disappointment
with the change to cancel the school build. Ms. Rossen expressed concern that the
potential value of her home will decrease with construction of houses behind her
home, the walk-out style of the proposed design will violate the current homeowners’
privacy, there will be an unacceptable increase in traffic, safety will be compromised
with the single entrance and exit to the development, there is a potential for injury to
the many small children who live in the area due to the construction vehicles, noise
from the construction will also be of concern, as well as grading will be an issue and
Council Meeting Minutes - 7 - September 29, 2014
there is concerns for potential flooding. Ms. Rossen also is concerned with the impact
to the natural environment, birds and animals who live in the forested area and the
entire ecosystem. She suggested that the area be preserved as a conservation area
or walking trails. Ms. Rossen urged Council to help residents fight for the community
they live in.
Judy Morris addressed Council concerning Item 2 of Report #1 - Proposed Draft Plan
of Subdivision and Rezoning to Permit a 90 Unit Residential Development
(Bowmanville Village Inc.). Ms. Morris indicated she purchased her home several
years ago largely based on the inclusion of the school, park and greenspace behind
her home. She stated she was told that the space still belonged to the farmer and that
it would be seven to ten years before it would be developed. She was also told that
the land was protected space. Ms. Morris stated that several of her neighbours were
also given the same information. Ms. Morris feels that there has been a breakdown in
communication between the neighbours and the Municipality. She expressed concern
that traffic has already increased on Baseline Road and will also increase on Green
Road causing a safety issue for children who will be required to cross Green Road
every day to get to and from school. Ms. Morris expressed concern with the
environmental impact the development will have with the displacement of wildlife. She
feels the development will also affect grading and privacy and questioned who is
looking out for the interests of the current residents. She stated the proposed
development does not conform to existing uses. She suggested that Council deny the
application, purchase the land and protect it as parkland. Ms. Morris requested as an
alternative, should Council not deny the application, that restrictions be placed on any
new design to incorporate a buffer zone to protect the privacy of current residents.
Ms. Morris urged Council to deny the application as it is not in the public’s interest.
John Passalacqua addressed Council concerning Item 19 of Report #1 - Proposed
Draft Plan of Subdivision and Rezoning to Permit a 23 Unit Residential Development
in response to concerns raised by the General Purpose and Administration Committee
and their decision to deny the staff recommendation. He noted that he has since
contacted Members of Council individually and several ideas have been discussed.
Mr. Passalacqua noted that the development has met all Provincial and local criteria
and was favourably recommended by staff. Mr. Passalacqua referred to plans on
display noting that there are no back yards facing the tracks as the development will
consist of a one-sided road. He noted that all homes will be brick-clad, have central
air-conditioning and upgraded glazing on windows facing the tracks. Mr. Passalacqua
indicated that prior to the development phase, their plans will be reviewed by certified
acoustic engineers and in the registration of each lot, there will be a clause warning of
the proximity to the railway tracks. He indicated that a noise fence will be built on the
west side of the development to mitigate noise, noting the fence will also increase
sound quality for existing residents on Sprucewood Drive. He stated an acoustic
fence will also be constructed on the east side of the development to increase noise
mitigation and a 1.8 metre chain-link fence will be erected to protect against potential
pitfalls from the railroad tracks.
Council Meeting Minutes - 8 - September 29, 2014
Mr. Passalacqua confirmed that the cul-de-sac on Cotton Street will be terminated and
that an emergency access will be put in from Mearns Avenue. He stated Zemer
Holdings will dedicate a ½ acre of land to the future grade separation at Mearns
Avenue which will give the Municipality the option to have the train either overpass or
underpass Mearns Avenue in the future as development increases. Mr. Passalacqua
reviewed land being dedicated to the Municipality noting it will be zoned
“Environmentally Protected” and will allow the municipality of have control over a 500
metre stretch of railway.
Resolution #C-332-14
Moved by Councillor Partner, seconded by Councillor Neal
THAT the delegation of John Passalacqua be extended for two minutes.
“CARRIED”
Mr. Passalacqua stated Zemer Holdings would be willing to help increase foliage in
the area. He noted they are currently in discussion with a reputable local builder and
would be willing to service in the fall and start paying development fees in the spring.
In conclusion, Mr. Passalacqua stated that the resolution passed by the General
Purpose and Administration Committee last week would not work for them as they
cannot afford to lose four lots and would not be able to move forward.
Mr. Passalacqua requested Council to approve the original as recommended by staff.
Resolution #C-333-14
Moved by Councillor Novak, seconded by Councillor Partner
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 10:04 p.m.
Brad Bowness, Director of Project Management, Hydro One Net Inc. addressed
Council concerning Item 18 of Report #1 - 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 that he has prepared a letter in response to the resolution passed by the
General Purpose and Administration Committee on September 25, 2014 and will
submit a copy to the Municipal Clerk. Mr. Bowness read from his correspondence
dated September 29, 2014, indicating that Hydro One initiated its Class Environmental
Assessment process for the project in May 2012, and the overwhelming feedback
received throughout the process indicated that Townline Road North was the
preferred point of access by the Municipality, the community and other project
stakeholders.
Council Meeting Minutes - 9 - September 29, 2014
He stated that although Hydro One may access its property from Langmaid Road,
they have acted in good faith and have invested to acquire the necessary easement
from the Municipality and have not pursued actions to access the property from
Langmaid Road over the past two years. Mr. Bowness indicated that Hydro One is
seeking clarity from the Municipality on access; and, while the choice remains with the
Municipality on Townline Road or Langmaid Road, Hydro One will need to pursue the
Langmaid option if the Townline Road easement is not granted. Mr. Bowness
acknowledged the community’s concerns regarding the environmental aspects of the
process and provided an overview of Hydro One’s initiatives to alleviate those
concerns including initiating a third-party process, expanding well monitoring for
private well owners living within 1,200 metres of the station and committing to drill a
well to the Thorncliffe Aquifir if recommended by the third-party expert. Mr. Bowness
indicated that while the resolution passed by the General Purpose and Administration
Committee aligns with their previous commitment to drill to the Thorncliffe Aquifir,
there would be no scientific basis for taking such action and as such the company
would only agree to fulfil the obligations of the resolution as a means to secure site
access through Townline Road. Mr. Bowness confirmed that if the Municipality takes
the necessary action to transfer the easement to Hydro One within a reasonable
timeframe, the Company would be willing to accept the resolution on September 25,
2014 and amend the Groundwater and Surface Water Monitoring Program
accordingly and ensure that the well will be drilled prior to station construction in
December 2014. Mr. Bowness hopes that Council chooses to grant permanent
access through the preferred route.
Brad Bowness and Jeff Gridland, Project Manager, responded to questions from
Members of Council.
Resolution #C-334-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the Rules of Procedure be suspended to allow Members of Council to question
Brad Bowness a second time.
“CARRIED”
Brad Bowness responded to questions from Members of Council.
Resolution #C-335-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT the Order of the Agenda be altered to consider Item 18 of Report #1 at this
time.
“CARRIED”
Council Meeting Minutes - 10 - September 29, 2014
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 22,
2014
Item 18
Resolution #C-336-14
Moved by Councillor Neal, seconded by Councillor Novak
That Report EGD-020-14 be received;
That the easement be granted on the condition that Hydro One Networks at its
cost, amend the groundwater monitoring program to include multi-level monitoring
wells, one to be drilled down to the Thorncliffe formation as soon as possible;
That Dr. Rick Gerber and Dr. John Cherry be invited to participate; and
THAT the information from the monitoring be shared with the Municipality, the
Enniskillen Environmental Association and the Community Liaison Committee.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See following motions)
Resolution #C-337-14
Moved by Councillor Novak, seconded by Councillor Woo
THAT Council waive Solicitor-Client privilege regarding the motion currently before
Council.
“CARRIED”
Resolution #C-338-14
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
Item 18 of Report #1 a second time.
“CARRIED”
Council Meeting Minutes - 11 - September 29, 2014
Brad Bowness was called back to the podium and in response to a question,
confirmed that Hydro One would be open to the participation of Dr. Gerber and of
Dr. Cherry as part of the process and following the Municipal Clerk confirming the
wording of the resolution, Mr. Bowness confirmed that Hydro One would be
agreeable to the wording of the resolution in exchange for the permanent
easement being granted tonight.
Resolution #C-339-14
Moved by Councillor Partner, seconded by Councillor Hooper
THAT in accordance with Section 10.12.34 of the Procedural By-law, the meeting be
extended until 11:45 pm.
“CARRIED”
Resolution #C-340-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-336-14 be amended to replace the words
“Thorncliffe formation” with the word “bedrock”.
“MOTION WITHDRAWN”
Brad Bowness was called back to the podium. He requested that Council let the
process play out and not debate the technical aspects in this forum. He
confirmed that Hydro One would drill to the recommendations of that process.
Resolution #C-341-14
Moved by Councillor Neal, seconded by Councillor Novak
THAT the foregoing Resolution #C-336-14 be amended to add the words “at least”
prior to the words “the Thorncliffe formation” and to add the words “or deeper if
recommended by the expert consultants involved” following the word “formation.”
“CARRIED LATER IN THE MEETING”
In response to questions, Brad Bowness confirmed that Hydro One would accept the
amendment as proposed and that should the easement not be approved tonight,
Hydro One would be applying for access from Langmaid Road tomorrow. In response
to a question, Mr. Bowness further clarified that the well would be drilled to the
Thorncliffe Aquifir if recommended by the experts, Stantec, Dr. Cherry and Dr. Gerber.
Council Meeting Minutes - 12 - September 29, 2014
The foregoing Resolution #C-341-14 was then put to a vote and CARRIED ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Novak √
Councillor Partner √
Councillor Traill √
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Mayor Foster √
The foregoing Resolution #C-336-14 was then put to a vote and CARRIED AS
AMENDED ON THE FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill √
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Mayor Foster √
Resolution #C-342-14
Moved by Councillor Traill, seconded by Councillor Woo
THAT Council recess for five minutes.
“CARRIED”
The meeting reconvened at 11:14 pm
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated September 9, 2014
I - 2 Minutes of the Santa Claus Parade Committee dated September 10, 2014
I - 3 Minutes of the Agricultural Advisory Committee of Clarington dated August
14, 2014
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated
September 16, 2014
Council Meeting Minutes - 13 - September 29, 2014
I - 5 Minutes of the Clarington Heritage Committee dated September 16, 2014
I - 6 Suzanne H. Crowhurst Lennard, Director, International Making Cities
nd
Livable Conference (IMCL), announcing that the 52 IMCL Conference
and Design Awards Competition on Achieving Green, Healthy Cities will
take place in Bristol, UK, June 29 to July 3, 2015; advising the conference
will examine creative strategies, tools and design solutions for achieving
green, healthy cities and how the built and natural environment can be
designed and manages to increase social and physical health and well-
being, and to foster ecological, social and economic sustainability; inviting
Council to submit a paper proposal for presentation at the Conference and
indicating that submissions for the Design Awards Competition are now
being accepted. Further information is available at
http://www.livablecities.org/design-awards-competition.
I - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham advising that on September 17, 2014, Regional
Council adopted the following resolution pertaining to the quarterly report
on planning activities:
“a) THAT Report #2014-P-47 of the Commissioner of Planning and
Economic Development be received for information; and
b) THAT a copy of Report #2014-P-47 be forwarded to all Durham Area
Municipalities, Durham Regional Police Service and Durham Emergency
Medical Services, for information.”
I - 8 Brad Woodside, Mayor, City of Fredericton, FCM President, thanking
Council for supporting FCM’s nationwide Fixing Canada’s Housing Crunch
campaign; advising that over 200 resolutions were passed raising the
profile of housing as an issue of national concern and requesting the
government to take stock of the state of housing in Canada and to work
with all orders of government to develop a long-term plan for the future;
and, advising that FCM has launched a new national campaign
encouraging all federal parties to recognize that a strong Canada begins
with strong hometowns.
I - 9 Deb Bowen, Regional Clerk/Director of Legislative Services, advising that
on September 17, 2014, Regional Council adopted the following resolution
pertaining to the 2014/2015 Update on the Durham Municipal Insurance
Pool:
“a) THAT the Region of Durham’s share of the $1.5 million surplus funds
being distributed by the Durham Municipal Insurance Pool be re-
invested into the Region of Durham’s Insurance Reserve Fund for future
program costs related to the Region’s insurance and risk management
requirements;
Council Meeting Minutes - 14 - September 29, 2014
b) THAT the Region of Durham, in conjunction with the members of the
Durham Municipal Insurance Pool (DMIP) support the DMIP Board of
Directors Resolution which recommends that the surplus funds be re-
invested into the Insurance Reserve Fund of each municipal pool
member in order to provide for future program costs related to their own
insurance and risk management requirements; and
c) THAT a copy of Report #2014-F-64 of the Commissioner of Finance, be
forwarded to the local Municipalities in the Durham Municipal Insurance
Pool.”
Resolution #C-343-14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the communications I - 1 to I - 11 to be received for information be approved,
with the exception of Items I - 10 and I - 11.
“CARRIED”
I - 10 Deb Bowen, Regional Clerk/Director of Legislative Services, writing to G.
McNamara, AMO President, advising that on September 17, 2014,
Regional Council adopted the following resolution pertaining to Joint and
Several Liability Reform Update:
“THAT in view of the Region of Durham’s advocacy for joint and several
liability reform:
a) THAT the Region of Durham strongly encourages the Association of
Municipalities of Ontario (AMO) to continue to seek joint and several
liability change in Ontario;
b) THAT the Attorney General of Ontario be petitioned to reconsider
changes to joint and several liability to ensure that a solution for liability
reform for Ontario Municipalities is developed and municipalities are
protected from rising insurance premiums, litigation and claim costs;
and
c) THAT a copy of Report #2014-F-70 of the Commissioner of Finance, be
forwarded to AMO, the Attorney General of Ontario, the local MPP’s in
Durham Region and the Area Municipalities.”
Council Meeting Minutes - 15 - September 29, 2014
Resolution #C-344-14
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 10 from Deb Bowen, Regional Clerk/Director of
Legislative Services, with respect to Joint and Several Liability Reform Update, be
endorsed.
“CARRIED”
I - 11 John Greenfield, advising of the following 2014 Clarington Remembrance
Services:
Clarington Older Adult Association – Tuesday, November 4, 2014, 11:30
am
Bowmanville Hospital – Wednesday, November 5, 2014, 1:15 pm
Newtonville Remembrance Service, Saturday, November 8, 2014,
10:30 am
Armistice Dinner, Saturday, November 8, 2014
Orono Remembrance Service & Parade, Sunday, November 9, 2014,
parade from Odd Fellows Hall at 1:15 pm, Service at 1:30 pm
Bowmanville Remembrance Service & Parade, Tuesday, November 11,
2014, parade forms up at the Legion at 10:00 am and moves off at
10:30 am sharp; and
Newcastle Remembrance Service, Tuesday, November 11, 2014,
10:30 am.
Resolution #C-345-14
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item I – 11 from John Greenfield, advising of the following
2014 Clarington Remembrance Services, be referred to the Municipal Clerk to place
information on the Municipal website.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D – 7 and D – 8 were received as Hand Outs.
D - 1 George Habib, President and CEO, Ontario Lung Association, requesting
the month of November be proclaimed “Lung Month”; to increase
awareness of lung health issues and to inform Ontarians about the
importance of their lung health.
(Proclaimed)
Council Meeting Minutes - 16 - September 29, 2014
D - 2 Wesley Wright, Project Officer, Environmental Approvals Branch, Ministry
of the Environment and Climate Change, forwarding a Notice of
Completion of Environmental Assessment Review pertaining to Class
Environmental Assessment for Minor Transmission Facilities Project No.
05070; and inviting comments on the proposed Class Environmental
Assessment for Minor Transmission Facilities by October 24, 2014.
(Correspondence referred to the Director of
Planning Services)
D - 4 Laura Kennedy, Director of Public Relations, Republic Live Inc., advising
that MusiCounts, Canada’s music education charity, is accepting Band Aid
Grant applications until November 7, 2014,for funding to provide
elementary and high school music programs with equipment necessary to
sustain effective music programs; requesting Council’s assistance in
sharing the information with local elementary and high schools; indicating
funds from Boots and Hearts have been earmarked specifically for
Clarington, but that schools must apply and meet the criteria; and,
advising further information and applications are available at
www.musiccounts.ca
(Correspondence referred to the Municipal
Clerk to place information on the Municipal
website)
D - 5 Sylvia Jaspers-Fayer, Committee Chair, Clarington Accessibility Advisory
Committee, recommending that Marshall Hohmann, Clarington resident be
nominated to the Region of Durham Accessibility Awards in the individuals
championing accessibility category; and, requesting Council’s
endorsement of the nomination.
(Nomination of Marshall Hohmann for the
Region of Durham’s 2014 Accessibility
Awards endorsed)
D - 7 Don Cooper, Royal Canadian Legion Branch 178 Bowmanville, advising
the Poppy Campaign starts on Friday, October 31, 2014, and requesting
permission to raise the Poppy flag on Thursday, October 30, 2014.
(Permission granted to raise the Poppy flag
on Thursday, October 30, 2014)
Council Meeting Minutes - 17 - September 29, 2014
D - 8 Lorraine Sunstrum-Mann, Executive Director, Grandview Children’s
Centre, requesting the proclamation of “Grandview Kids Week” from
Sunday, October 5, 2014, to Friday, October 10, 2014, and that
permission be granted to fly the Grandview Kids flag during the week, in
support of the Grandview Children’s Centre’s service to the many children
and youth with special needs in Durham Region.
(Proclaimed and approval granted for flying
of the Grandview Kids Flag from Sunday,
October 5, 2014, to Friday, October 10,
2014)
Resolution #C-346-14
Moved by Councillor Partner, seconded by Councillor Traill
THAT Correspondence Items D - 1 to D - 5 and D - 7 and D - 8, be approved as per
the Agenda, with the exception of Item D - 3.
“CARRIED”
D - 3 Andrew Forgione, Minister’s Office and Brigitte Marleau, Communications
Branch, Ministry of Economic Development, Employment and
Infrastructure, announcing the Province will be recognizing individuals and
organizations who demonstrate leadership in accessibility and disability
issues through the new David C. Onley Award for Leadership in
Accessibility, awards supporting the government’s ongoing efforts to
provide all Ontarians with a more inclusive society; indicating the awards
will be presented in May, 2015, during National Access Awareness Week;
and, indicating the deadline for nominations is December 3, 2014.
Resolution #C-347-14
Moved by Councillor Partner, seconded by Councillor Traill
st
THAT Marshall Hohmann be nominated for the 1 David C. Onley Award for
Leadership in Accessibility Awards that will be given out in May of 2015 during the
National Access Awareness Week.
“CARRIED”
D - 6 John Bolognone, City Clerk, City of Kingston, advising Council that on
September 9, 2014, the City of Kingston adopted the following resolution
pertaining to lowering the speed limit on residential streets:
“WHEREAS the Ontario Ministry of Transportation is now considering
lowering the speed limit on residential streets to 40 kilometres per hour
from the current 50 kilometres per hour, and
Council Meeting Minutes - 18 - September 29, 2014
WHEREAS such a move would greatly enhance traffic calming and safety
on residential streets;
THEREFORE BE IT RESOLVED THAT the City of Kingston
enthusiastically endorses this initiative, and
THAT the City forwards copies of this resolution to the Premier of Ontario,
the Minister of Transportation, the leaders of both Ontario Opposition
Parties, to AMO, and all municipalities over 40,000 people.”
Resolution #C-348-14
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the City of Kingston, with respect to lowering the speed limit
on residential streets, be referred to the Director of Engineering Services.
“CARRIED”
COMMITTEE REPORT(S) (cont’d)
Report #1 - General Purpose and Administration Committee Report September 22,
2014
Resolution #C-349-14
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of September 22,
2014 be approvedwith the exception of Items #2, #3, #5, #19 and Item 18 which was
,
considered by Council earlier in the meeting.
“CARRIED”
Item #19
Resolution #C-350-14
Moved by Councillor Hooper, seconded by Councillor Novak
That Report PSD-047-14 be received;
That Addendum to Report PSD-047-14 be received;
Council Meeting Minutes - 19 - September 29, 2014
That the application for the proposed Draft Plan of Subdivision, submitted by Zemer
Holdings Ltd. to permit the development of 23 residential units be supported, subject
to the conditions contained in Attachment 1 to Report PSD-047-14;
That the Zoning By-law Amendment application submitted by Zemer Holdings Ltd. be
approved as contained in Attachment 2 to Report PSD-047-14;
That once all conditions contained in the Official Plan and Zoning By-law with respect
to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the
removal of the (H) Holding Symbol be approved;
That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-047-
14 and Council’s decision; and
That all interested parties listed in Report PSD-047-14 and any delegations be
advised of Council's decision.
“CARRIED LATER IN THE MEETING”
(See following motion)
Resolution #C-351-14
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C-350-14 be referred to the Council meeting of
December 15, 2014, for consideration pending sound monitoring results on the
subject lands.
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Mayor Foster √
Council Meeting Minutes - 20 - September 29, 2014
The foregoing Resolution #C-350-14 was then put to a vote and CARRIED ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Mayor Foster √
Item #2
Resolution #C-352-14
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Bowmanville Village Inc. be advised that their current proposed subdivision
design is unacceptable due to its impact on the drumlin feature and neighbouring
residents and that the applications for proposed Draft Plan of Subdivision, S-C 2014-
0002 and Zoning By-law Amendment, ZBA 2014-003, submitted by Bowmanville
Village Inc. continue to be processed including the preparation of a subsequent report;
THAT the developer be asked to hold a Public Information Session; and
THAT the Public Information Session not be held on the existing plan but at such time
as a revised design has been prepared.
“CARRIED”
Item #3
Resolution #C-353-14
Moved by Councillor Woo, seconded by Councillor Traill
That the delegation of Petra Schwirtz, Clarington Tourism Marketing Board, regarding
an update on the Tourism Plan and Impact Study for Clarington, be received with
thanks;
That Staff be directed to engage with the Clarington Tourism and Marketing Board;
and
Council Meeting Minutes - 21 - September 29, 2014
That the Clarington Three Year Tourism Plan and Tourism in Clarington – An
Economic Impact Statement be referred to the Strategic Planning process.
“CARRIED”
Item 5
Resolution #C-354-14
Moved by Councillor Woo, seconded by Councillor Novak
THAT Staff be directed to bring forward the necessary Official Plan Amendment and
Zoning By-law Amendment to approve the application for the expansion of the
Bowmanville Professional Building and new parking lot, at the September 29, 2014
Council meeting.
“CARRIED”
STAFF REPORT(S)
Report PSD-057-14 - To Permit an Expansion of the Bowmanville Professional
Building and Permit the Creation of a new Parking Lot
Resolution #C-355-14
Moved by Councillor Woo, seconded by Councillor Novak
THAT Report PSD-057-14 be received;
THAT Amendment No. 101 to the Clarington Official Plan submitted by Bowmanville
Professional Office Ltd. to permit the expansion of an existing medical center, as
contained in Attachment 2 to Report PSD-057-14, be adopted and the By-law
adopting the Official Plan Amendment contained in Attachment 3 to Report
PSD-057-14 be passed;
THAT the Zoning By-law Amendment application submitted by Bowmanville
Professional Office Ltd. be approved as contained in Attachment 4 to Report
PSD-057-14;
THAT the Region of Durham Planning and Economic Development Department and
the Municipal Property Assessment Corporation be forwarded copies of Report
PSD-049-14 and Report PSD-057-14, and Council’s decision; and
THAT all interested parties listed in Report PSD-057-14 and any delegations be
advised of Council's decision.
“CARRIED”
Council Meeting Minutes - 22 - September 29, 2014
Confidential Report LGL-009-14 – Clarington Wind Farm and Ganaraska Wind Farm
Resolution #C-356-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT Report LGL-009-14 be received for information.
“CARRIED”
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
BY-LAWS
By-laws 2014-102 to 2014-115 were received as Hand-Outs.
Resolution #C-357-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2014-100 to 2014-115
2014-100 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington (H & H Properties Inc.)
2014-101 Being a By-law to exempt a certain portion of Registered Plan 40M-2363 from
Part Lot Control
2014-102 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (William Tonno Construction Limited)
2014-103 Being a by-law to amend Schedule A of the Fee By-law 2010-142
2014-104 Being a by-law to amend the Apartment-in-Houses Registration By-law 97-77
2014-105 Being a by-law to amend By-law 2014-059 (Item 11 of Report #1)
2014-106 Being a by-law to regulate the clearing away and removal of snow and ice from
the roofs of buildings and from sidewalks within the Municipality of Clarington
and to amend By-law 93-144
2014-107 Being a by-law to appoint a Municipal Law Enforcement Officer (Katelyn
Montgomery)
Council Meeting Minutes - 23 - September 29, 2014
2014-108 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle (Zemer Holdings Ltd.)
2014-109 Being a by-law to amend By-law 84-63, a Zoning By-law for the Corporation of
the Municipality of Clarington (Zemer Holdings Ltd.)
2014-110 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (H&H Properties Inc./Halloway Developments
Ltd.)
2014-111 Being a by-law to exempt a certain portion of Registered Plan 40M-2497 from
Part Lot Control (North Bowmanville Limited)
2014-112 Being a by-law to exempt a certain portion of Registered Plan 40M-2497 from
Part Lot Control (2265719 Ontario Inc.)
2014-113 Being a by-law to adopt Amendment No. 101 to the Clarington Official Plan
2014-114 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
2014-115 Being a by-law to temporarily restrict the use of a portion of the road allowance
between the former Townships of East Whitby and Darlington; and
THAT the said by-laws be approved.
“CARRIED”
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Mayor Foster acknowledged tonight’s meeting as the last regularly-scheduled
meeting of this Term of Council and provided Members of Council with the
opportunity to briefly comment on their Term of Council. Members of Council
expressed appreciation to their colleagues, staff, residents and the press in
moving the Municipality forward.
Council Meeting Minutes - 24 - September 29, 2014
CONFIRMING BY-LAW
Resolution #C-358-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-law 2014-116, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 29th day of September, 2014; and
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-359-14
Moved by Councillor Partner, seconded by Councillor Novak
THAT the meeting adjourn at 11:47 pm.
"CARRIED"
MA OR PUMCAFL CLERK