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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