Loading...
HomeMy WebLinkAbout12-15-2014 Council Meeting Minutes December 15, 2014 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Minutes of a regular meeting of Council held on December 15, 2014, at 7:00 pm, in the Council Chambers. Roll Call Present Were: Mayor A. Foster Councillor S. Cooke Councillor R. Hooper, attended until 11:19 pm Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Manager of Operations, S. Brake, attended until 10:40 pm Director of Engineering Services, A. Cannella Director of Community Services, J. Caruana, attended until 10:40 pm Corporate Initiatives Officer, C. Clifford, attended until 10:40 pm Director of Planning Services, D. Crome, attended until 10:40 pm Manager of Special Projects, F. Langmaid, attended until 9:31 pm Director of Corporate Services and Human Resources, M. Marano, attended until 10:40 pm Corporate Communications Officer, B. Radomski, attended until 10:40 pm Director of Finance/Treasurer, N. Taylor, attended until 10:40 pm Director of Emergency Services/Fire Chief, G. Weir, attended until 10:40 pm Municipal Clerk, A. Greentree Administrative Assistant to the Municipal Clerk, C. Fleming Disclosures of Pecuniary Interest Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item 6 of Report #1. Council Meeting Minutes - 2 - December 15, 2014 Announcements Councillor Partner announced the following:  New Year’s Eve events in Ward 4 - Progressive Euchre at the Kendal Community Hall and Award-winning Elvis impersonator, Bruce Stewart at the Orono Town Hall  Newtonville “Tree lighting” ceremony on December 15, 2014 Councillor Traill expressed appreciation to all on behalf of the Tyrone Community Hall Board for the success of the “Breakfast with Santa” event on December 13, 2014, and to the community partners at the Haydon Hall for posting the event. Councillor Woo announced the following:  Clarington Board of Trade “Holiday Simply Social” on December 16, 2014, 5:30 pm to 7:30 pm, 1416 King Street East, Courtice  Volunteers are need to help St. Vincent de Paul prepare Christmas Hampers at St. Joseph’s Roman Catholic Church on Wednesday, December 17, 2014, from 9:00 am to 11:00 am  Free skating events at the Newcastle Memorial Arena on December 22 and 29, 2014, and January 2, 2015, hosted by Tim Horton’s Newcastle Councillor Cooke announced the following:  Clarington Board of Trade “Holiday Simply Social” on December 16, 2014, 5:30 pm to 7:30 pm at the Meridian Credit Union in Courtice  “Trim the Tree” event at the Clarington Public Library, Courtice Branch, December 16, 2014, 10:30 am to 11:30 am Councillor Hooper announced the following:  Gifted musicians, David McEvoy and David Shewchuk performing a variety of classical music on December 18, 2014, at Rehoboth Christian Reformed Church, 7:30 pm  A shout-out to the Hampton Community Association for their “Breakfast With Santa” event  Big Brothers Big Sisters Night with the Clarington Eagles raised $2,500  The Clarington Older Adult Association (COAA) has wrapped up their annual events Mayor Foster welcomed Steve Brake, Manager of Operations, who was attending tonight’s meeting on behalf of Fred Horvath, Director of Operations. Mayor Foster advised that delegation (e) Mario Veltri would not be addressing Council this evening. Mayor Foster wished farewell to Consul General of China, Fang Li who is retiring. Council Meeting Minutes - 3 - December 15, 2014 Mayor Foster announced the following:  th 15 Annual Polar Bear Swim, Newcastle Beach, January 1, 2015  Ribbon-cutting ceremony for the Lake Road Extension, December 15, 2014 Mayor Foster extended best wishes to all for a Merry Christmas and Happy Holidays. Minutes Resolution #C-370-14 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council September 29, 2014, be approved. “Carried” Resolution #C-371-14 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a special meeting of Council October 31, 2014, be approved. “Carried” Resolution #C-372-14 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a special meeting of Council November 28, 2014, be approved. “Carried” Resolution #C-373-14 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of the first meeting of Council December 1, 2014, be approved. “Carried” Council Meeting Minutes - 4 - December 15, 2014 Presentations Mayor Foster presented Congratulatory Certificates to the following members of the Darlington Fusion U16 Girls Soccer Team in recognition of their Provincial and National Championship wins: Sierra Adey, Mackaylen Bickle, Alexandra Caputo, Hannah Chau-Stacey, Erin Dicaire, Madison Foote, Lindsey Hoffman, Rhiannon Kissel, Allison Lantagine, Emma Meadows, Sarah Norman-Minnis, Alicia Pallister and Kristen Thompson. Also recognized, but not in attendance, were Emily Armstrong, Sydney Carr, Sabryna Persaud and Breanna Whitney. Mayor Foster presented a Congratulatory Certificate to Marilyn Morawetz in recognition of her receipt of the A.K. Sculthrope Award for Advocacy from the Architectural Conservancy of Ontario. Steve Usher, SLR Consulting, addressed Council to present an interim report regarding the peer review SLR Consulting has been undertaking on the Hydro One Clarington Transformer Station project on behalf of the Municipality. Through use of a PowerPoint presentation, Mr. Usher listed the documents reviewed including the 2007 ESR for the Enfield Transformer Station; the 2013 ESR for the Clarington Transformer Station including the hydrogeologic and hydrologic appendix, submissions by G360, the Region of Durham, the Municipality of Clarington, and the 2014 Ministry of the Environment (MOE) approval and conditions; and, the 2014 Water Monitoring Program and 2014 Baseline Monitoring Report. Mr. Usher indicated that to date, he has met with residents, reviewed the reports listed, participated in the scoping of the deep hole mandated by Clarington, attended the site on several occasions to observe the drilling and logging of the core and met with Hydro One’s technical staff, at their request. He advised that recently an application for a permit to take water was submitted by Hydro One and he is expecting to review those documents on behalf of the Municipality when they become available. Mr. Usher highlighted a site conceptual geologic model on display describing soil types, the concept of groundwater flow and aquifers, wells and aquitards. Mr. Usher reviewed preliminary conclusions indicating that most shallow wells are unlikely to be affected; however, downhill shallow wells must be protected. He also stated that deep Thorncliffe wells are unlikely to be affected; site creeks fed by weathered Halton till must also be protected and the likely presence of the Halton till infers the presence of the Mackinaw horizon. He stated that the Mackinaw horizon is locally absent; however, it may be a groundwater pathway but noted continuity and connectivity is not yet understood. Mr. Usher stated nine of the 22 local wells are in this horizon but most are not downhill. Mr. Usher outlined next steps to be undertaken. He stated he will be reviewing the Permit to Take Water application, he will re-visit the site once there is a snowfall to focus on springs and wetlands, he will meet with Hydro One to review the Stantec borehole logs and he will review the proposed engineering measure in case of a spill. Mr. Usher acknowledged that following the review a further report will be presented to Council. Mr. Usher responded to questions from Members of Council. Council Meeting Minutes - 5 - December 15, 2014 Delegations Laura Vaillancourt, Ontario Philharmonic, addressed Council expressing appreciation on behalf of the Ontario Philharmonic to Mayor Foster for his enthusiastic endorsement of the Durham Region’s Mayor Gala, an event when the Mayors from all the municipalities in the Region come together to support culture. Ms. Vaillancourt stated the 2014 Gala netted $85,000 for the Ontario Philharmonic noting the 2015 Gala is scheduled to be held on October 2, 2015. Ms. Vaillancourt presented Mayor Foster with a token of appreciation. Clint Cole addressed Council concerning Correspondence Item D – 9 - Clarington Hydro One Transformer Station requesting Council to endorse a resolution to officially invite the City of Toronto Council to assist Clarington in the crucial protection of the ground source water supply on the Oak Ridges Moraine (ORM), which exists both in Clarington and across the Greater Toronto Area (GTA), and has been identified by the Province to be environmentally protected. Mr. Cole acknowledged and thanked Council for their support to date and for the collaborative effort of the Members of the Enniskillen Environmental Association (EEA), municipal staff, Dr. Cherry and Group 360 and Dr. Gerber. Mr. Cole stated there is a lot going on geologically and ecologically on the site, but that there are many questions to be answered. Mr. Cole raised several points discussed by Mr. Usher in the previous presentation and questioned the presence of coliform in private wells. He noted that none of the 22 wells were in close proximity to agricultural activities. Mr. Cole expressed concern that no baseline testing of wells had been performed to test for bacteria. He also expressed concern with the assumption that proper baseline testing of all four seasons has been collected. Mr. Cole stated he feels it is incumbent to request a moratorium on this project and to lobby the Ministry of the Environment to require Hydro One Networks Inc. to do a bump-up assessment. Resolution #C-374-14 Moved by Councillor Neal, seconded by Councillor Traill That the delegation of Clint Cole be extended for two minutes. “Carried” Mr. Cole indicated that he had just been made aware that the application for the Permit to Take Water from the site has a review period that is almost up and expressed concern that residents are not receiving information in a timely manner. He urged Council to help the EEA to lobby the Ministry of the Environment to slow the project down until the proper data is received. Mr. Cole also requested Council to pursue a water protection by-law with the Region of Durham in an effort to augment existing policy and address gaps in Provincial legislation that leave residents unprotected. Mr. Cole responded to questions from Members of Council. Council Meeting Minutes - 6 - December 15, 2014 Preet Khurana, Southeast Clarington Ratepayers Association (SECRA) addressed Council concerning Correspondence Item D – 11 - Clarington Wind Farm/Port Granby Dust Management. Through use of a PowerPoint presentation, Mr. Khurana expressed concern regarding the compatibility between the proposed Clarington Wind Farm Project and the existing Port Granby project. Mr. Khurana referred to the study entitled “Assessment of the Impact of Wind Turbine Operations at the Clarington Wind Farm on Dust Management at the AECL Port Granby Site” prepared by Echologics Engineering Limited, for Atomic Energy of Canada Ltd., September 6, 2012, raising questions and expressing concern with the findings of the study. Mr. Khurana noted the effect of the wake has been studied at only one wind speed at the anemometer height of 10m, the numbers for the wake velocity don’t fit back in and properly balance the equation from which they came, the mainflow equation is incorrect by a multiplier of four, the value used for the air density might not represent a worst case scenario, the previous four concerns may also have distorted the results obtained through Computational Fluid Dynamics (CFD) carried out on a computer and the three Lancaster Road Wind Turbines east of the Port Granby Project were excluded from the Impact Assessment without actually performing detailed modelling on them. Mr. Khurana indicated that he had hoped to submit his concerns to the Ministry of the Environment (MOE) for consideration in their technical review of the Clarington Wind Farm, prior to a decision; however, by the time he was in a position to raise concerns, the application had already been approved. Mr. Khurana believes his concerns and questions should prompt further review of the Impact Assessment study by Wind Energy Experts. Mr. Khurana submitted a document he authored entitled “Concerns for Consideration”, December 15, 2014. Mr. Khurana responded to questions from Members of Council. Gerry Mahoney, Southeast Clarington Ratepayers Association (SECRA) addressed Council concerning Correspondence Item D – 11 - Clarington Wind Farm/Port Granby Dust Management. Mr. Mahoney indicated that he is aware of Mr. Khurana’s work and supports his findings. He stated the issue is critical as the safety of area residents depends on whether the turbines will have an effect. Mr. Mahoney suggested the matter be brought to the attention of the Ministry of the Environment, the AECL and the CNSC and requested that Council assist in having the information reviewed. Mr. Mahoney indicated that he would also be bringing the matter to the attention of Granville Anderson, MPP, Durham. Prior to the meeting, Mario Veltri advised he would not be addressing Council this evening. Resolution #C-375-14 Moved by Councillor Partner, seconded by Councillor Traill That Council recess for ten minutes. “Carried” Council Meeting Minutes - 7 - December 15, 2014 The meeting reconvened at 9:42 pm. All members of Council were in attendance except Councillor Hooper. Communications I - 1 Minutes of the Newcastle Village Community Hall Board dated September 16, 2014 I - 2 Minutes of the Santa Claus Parade Committee dated September 28 and October 8, 2014 I - 3 Minutes of the Agricultural Advisory Committee of Clarington dated October 9 and November 13, 2014 I - 4 Minutes of the Ganaraska Region Conservation Authority dated October 16 and November 20, 2014 I - 5 Minutes of the Clarington Heritage Committee dated October 21 and November 18, 2014 I - 6 Minutes of the Orono Arena Community Centre Board dated October 21, 2014 I - 7 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 11, 2014 I - 8 Minutes of the Central Lake Ontario Conservation Authority dated November 18, 2014 I - 9 Minutes of the Durham Nuclear Health Committee (DNHC) dated November 14, 2014 I - 10 Minutes of the Clarington Safe Communities Advisory Committee dated June 19, September 18 and November 20, 2014 I - 11 Charlie Morison, Chair, Ontario Philharmonic and Mayor Steve Parish, Town of Ajax, Mayor Terry Clayton, Township of Brock, Mayor Adrian Foster, Municipality of Clarington, Mayor John Henry, City of Oshawa, Mayor David Ryan, City of Pickering, Mayor Chuck Mercier, Township of Scugog and Mayor Gerri-Lynn O’Connor, Uxbridge, writing to staff of the Mayor’s Office expressing appreciation for the outstanding contribution to the 2014 Durham Region Mayors’ Gala in support of the Ontario Philharmonic (OP); advising this year’s gala netted $85,000 and has the potential to increase gala revenue in excess of $100,000 by matching funds offered through Business for the Arts; and, extending an invitation to continue building cultural capacity at the 2015 Durham Region Mayors’ Gala supporting Ontario Philharmonic on October 2, 2015. Council Meeting Minutes - 8 - December 15, 2014 Resolution #C-376-14 Moved by Councillor Cooke, seconded by Councillor Neal That the communications I - 1 to I - 11 to be received for information be approved. “Carried” Correspondence for Direction D - 1 Barbara Clark, Durham Region Representative, Huntington Society of Canada, requesting permission to host a “Walk to Cure Huntington Disease” in May and to request that the month of May 2015 be proclaimed “Huntington Disease Awareness Month” in Clarington. (Proclaimed) D - 2 Donald Igbokwe, Chair, Durham Region Multi-faith World Religion Day Committee, extending an invitation to Members of Council to attend World Religion Day, a community celebration of unity in diversity on Sunday, January 18, 2015, at Durham Regional Headquarters; and, requesting Council’s support in proclaiming “World Religion Day” on January 18, 2015, and in promoting the event. (Proclaimed and correspondence forwarded to the Municipal Clerk to place information on the Municipality’s website) D - 3 Nathan Farrell, Environmental Planner, McIntosh Perry Consulting Engineers (MPCE) advising that the pavement rehabilitation of portions of Highway 401 and 35/115 within the Municipality Clarington did not proceed as planned during the 2014 construction season and will now proceed during the 2015 construction season; and, requesting an exemption to Clarington’s Noise By-law on weekdays between 11:00 pm and 7:00 am the next day and all day Saturday and Sunday for the period May 19 to September 25, 2015. (Exemption to the Municipality’s Noise By-law on weekdays between 11:00 pm and 7:00 am the next day and all day Saturday and Sunday for the period May 19 to September 25, 2015, approved) Council Meeting Minutes - 9 - December 15, 2014 D - 4 Jo-Anne McFarland, Clarington Polar Bear Swim Committee, extending an invitation to Mayor Foster and Members of Council to participate in the 15th Clarington Polar Bear Swim “Plunge for Life” to be held on January 1, 2015, at the Newcastle Beach to raise awareness of the urgent need for organ and tissue donations and to raise funds for the Sick Kids Foundation to be directed towards research for pediatric liver disease; and, requesting Council’s approval for members of Clarington Fire Station #2 to provide an Emergency Service presence at this community event. (Request approved) D - 5 Denyse Newton, Executive Director, Alzheimer Society of Durham Region advising that January is National Alzheimer Awareness month across Canada and requesting that January, 2015, be proclaimed “Alzheimer Awareness Month” in Clarington and urging all citizens to become more aware and educated concerning the far-reaching effects of Alzheimer’s disease and related dementias. (Proclaimed) D - 6 The Honourable Michael Chan, Minister of Citizenship and Immigration, inviting Council to participate in two of Ontario’s volunteer recognition programs for 2015: The Ontario Medal for Young Volunteers presented to volunteers between the ages of 15 and 24 for their actions and dedication to improve the quality of life in their communities and beyond, and the Ontario Volunteer Service Awards in recognition of continuous years of service to a single community organization; advising that nomination forms and additional information are available on the Ministry’s website at www.ontario.ca/honoursandawards; and, indicating the deadline for nominations is January 15 and January 25, 2015, respectively. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 7 Linda and Dwight Bradley, advising that they are in the midst of construction of two new dwelling units at 4433 and 4325 Rundle Road which will not be ready for occupancy until March 31, 2015 and requesting an extension to the temporary occupancy of dwellings at 4825 Rundle Road and 2075 Taunton Road until construction is complete and occupancy permits are issued. (Six month extension to the temporary occupancy of the existing dwellings approved, subject to the signing of a further Letter of Undertaking for each property) Council Meeting Minutes - 10 - December 15, 2014 Resolution #C-377-14 Moved by Councillor Neal, seconded by Councillor Cooke THAT Correspondence Items D - 1 to D - 7 be approved as per the Agenda. “Carried” Councillor Hooper re-entered the meeting. D - 8 Ted Eng, Chair, Greater Toronto Area Agricultural Action Committee (GTA AAC), advising that at the November meeting of the GTA AAC the following motion was passed: “THAT a letter be sent from the Greater Toronto Area Agricultural Action Committee (GTA AAC) to the municipalities in the Greater Toronto Area requesting that they try when possible to appoint a council member or citizen representative from the agricultural community to their Conservation Authority; AND FURTHER THAT the letter be copied to the appropriate Conservation Authorities.” Resolution #C-378-14 Moved by Councillor Hooper, seconded by Councillor Cooke THAT the resolution from the Greater Toronto Area Agricultural Action Committee (GTA AAC), with respect to appointments to Conservation Authorities, be received for information. “Carried” D - 9 Clint Cole requesting that Council invite Toronto City Council to assist with the protection of the ground source water supply on the Oak Ridges Moraine as identified by the Province as environmentally protected; indicating the natural water supply exists both in Clarington and across the Greater Toronto Area (GTA); and, requesting that in future, municipal leaders across the GTA collaborate with Provincial Members of Parliament across the region to raise the bar for existing policy standards that permit broad loopholes with respect to ground water protection legislation before large scale infrastructure development causes any further damage and future environmental risk to the vital ground source drinking water supply. Council Meeting Minutes - 11 - December 15, 2014 Resolution #C-379-14 Moved by Councillor Woo, seconded by Councillor Partner That Correspondence Item D - 9 from Clint Cole be referred to the Drinking Water Source Protection Committees for the CTC Source Protection Region (Credit Valley/Toronto and Region/Central Lake Ontario) and the Trent Conservation Coalition Source Protection Region (Ganaraska/Lower Trent/Ontonobee- Peterborough/Kawartha-Halliburton, Crowe Valley). “Carried” D - 10 Robert Kipling, Secretary, Kids’ Safety Village of Durham Region, advising that the Board of Directors of the Kids’ Safety Village, a miniature village providing safety instruction to primary grade students, is embarking on a $700,000 fundraising campaign to refurbish and enlarge the Kids’ Safety Village; requesting a $15,000 donation from all municipalities in Durham Region; inviting Members of Council to visit their website at www.durhamsafetyvillage.com to view activities and videos; and, indicating that a Board Member would be pleased to attend a future Council meeting to provide additional information and answer questions. Resolution #C-380-14 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence Item D - 10 from Robert Kipling, Secretary, Kids’ Safety Village of Durham Region, with respect to their fundraising campaign, be received for information. “Carried” D - 11 Preet Khurana, Southeast Clarington Ratepayers Association (SECRA), expressing concern with newfound potential impacts of the Clarington Wind Farm on the neighbouring Port Granby project which they believe raise valid questions requiring further investigation by a wind energy expert; and, indicating they have a proposal they believe may help Council in the decision-making process leading up to a Renewable Energy Approval (REA) appeal. Council Meeting Minutes - 12 - December 15, 2014 Resolution #C-381-14 Moved by Councillor Neal, seconded by Councillor Cooke That Correspondence Item D - 11 from Preet Khurana, Southeast Clarington Ratepayers Association (SECRA), be referred to the end of the Agenda to be considered in conjunction with Confidential Report LGL-011-14. “Carried” D - 12 Tom Chervinsky, VP Campaigns, Canadians for Clean Prosperity, advising that the Province is drafting legislation regarding producer responsibility and Ontario’s recycling regime; requesting Council’s assistance in ensuring the Province makes the right choices for Ontario Municipalities and citizens by adopting a resolution to include the principles of strong recycling targets, standards and enforcement, producer responsibility for 100% of their product’s recycling costs and producers to have flexibility as to how they meet recycling targets to foster competition and innovation; and, forwarding a proposed resolution for Council’s consideration: “Whereas municipalities have no control over the form of municipal solid waste that is generated from packing and products that enter their jurisdiction; Whereas municipal taxpayers bear more than 50% of the cost of waste disposal and recycling of packaging and printed paper in the waste stream, which products are increasingly complex, multi-material and expensive to recycle, reclaim or dispose of; Whereas the Ministry of the Environment and Climate Change has committed to replacing the current waste diversion legislation, but has not yet introduced replacement legislation to the legislature; Whereas independent producer responsibility (IPR) provides that producers be responsible for 100% of the costs of certain designated wastes and have the flexibility to determine how IPR programs are established, designed and operated; Whereas municipalities should not have to bear the cost of managing the disposal of these materials; Whereas waste is a valuable resource; Whereas IPR would provide considerable savings to the Municipality of Clarington residents and grow the local economy as producers innovate to reduce waste, develop more easily recyclable packaging and better ways to collect and process it; Council Meeting Minutes - 13 - December 15, 2014 Whereas increased recycling and reclamation could add 7,800 good, high-quality jobs in Ontario and contribute more than $770 million every year to Ontario’s economy; Therefore Be It Resolved that the Municipality of Clarington calls on the Ontario Government to introduce legislation to replace the Waste Diversion Act with a system based on Individual Producer Responsibility, ensuring that producers are responsible for 100% of the costs of designated wastes and have the flexibility to determine how IPR programs are established, designed and operated, in order to ensure they meet strictly enforced targets.” Resolution #C-382-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT the proposed resolution from the Canadians for Clean Prosperity, with respect to Individual Producer Responsibility, be endorsed. “Carried” Committee Report(s) Report #1 - General Purpose and Administration Committee Report December 8, 2014 Resolution #C-383-14 Moved by Councillor Woo, seconded by Councillor Traill That the General Purpose and Administration Committee Report of December 8, 2014 be approvedwith the exception of Item #6. , “Carried” Councillor Hooper declared a pecuniary interest with respect to Item 6 of Report #1 as he owns property in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 14 - December 15, 2014 Item #6 Resolution #C-384-14 Moved by Councillor Woo, seconded by Councillor Cooke Whereas By-law 2014-059, Section 34 (3) allows that, Council, by resolution, may designate an area or areas for a certain period to be exempt from the payment of parking fees and any areas so designated shall be denoted by a parking meter cover place over the meter; and Now therefore be it resolved that the area in downtown Bowmanville regulated by parking meters be designated as a Free Parking area effective immediately until January 5, 2015. “Carried” Councillor Hooper returned to the meeting. Staff Report(s) Report COD-019-14 - Confirmation of 1/3 Tax Free Allowance for Council Compensation Resolution #C-385-14 Moved by Councillor Partner, seconded by Councillor Traill That Report COD-019-14 be received. That Council confirm the continued application of the one-third tax free allowance on the local level remuneration for members of Council, as provided for in the Municipal Act; and That the by-law attached to Report COD-019-14 be approved. “Carried” Resolution #C-386-14 Moved by Councillor Hooper, seconded by Councillor Partner THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. The meeting reconvened in open session at 10:30 pm. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were Council Meeting Minutes - 15 - December 15, 2014 passed. Confidential Report LGL-011-14 – Clarington Wind Farm Renewable Energy Approval Resolution #C-387-14 Moved by Councillor Woo, seconded by Councillor Partner That Report LGL-011-14 be received; That staff be directed to negotiate a Road Users Agreement with Clarington Wind Power (GP) Inc., as general partner for and on behalf of Clarington Wind Power LP, (the “Company”), the Region of Durham and Atomic Energy of Canada Limited; That the Company be advised that the position of the Municipality respecting the use of any municipal roads including the unopened portion of the Lancaster Road road allowance is as set out in the letter from the Director of Engineering Services to Leader Resources Services Corp. dated July 20, 2012 and the letter from the Municipal solicitor to legal counsel for Leader Resources Services Corp. dated October 22, 2012; That staff be directed to report back to Council on the results of the negotiations; That the Port Hope Area Initiative and the CNSC be requested to review and formally comment on the information presented by Preet Khurana on behalf of the South East Clarington Ratepayers’ Association (SECRA) at the December 15, 2014 Council meeting; That the Port Hope Area Initiative and any delegations be advised of Council’s decision; and That staff be directed to appeal the Director’s Approval of Renewal Energy Approval #8383-9R8PSW. “Carried as Amended” (See following motion) Resolution #C-388-14 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-387-14 be amended in the last paragraph to delete the words “directed to appeal” and insert the words “instructed to file an appeal and seek further Council direction after the filing of the appeal of”. “Carried” Resolution # C-387-14 was then put to a vote and Carried as Amended. Council Meeting Minutes - 16 - December 15, 2014 Resolution #C-389-14 Moved by Councillor Cooke, seconded by Councillor Woo THAT in accordance with Section 10.12.34 of the Procedural By-law, the meeting be extended until 11:30 pm. “Carried” Unfinished Business Report CLD-030-14 – Veridian Appointments Resolution #C-390-14 Moved by Councillor Neal, seconded by Councillor Hooper THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. “Carried later in the meeting” Councillor Neal rose on a Point of Order stating that only Peter Spratt should be invited into the closed session. Councillor Neal subsequently withdrew his Point of Order. The foregoing Resolution #C-390-14 was then put to a vote and Carried. The meeting reconvened in open session at 11:09 pm. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. Resolution #C-391-14 Moved by Councillor Neal, seconded by Councillor Woo That Report CLD-030-14 be received; That Brian Mountford be nominated as Clarington’s non-elected member of the Veridian Corporation Board of Directors for a three-year term beginning January 1, 2015 and ending December 31, 2017. “Motion lost” Council Meeting Minutes - 17 - December 15, 2014 Resolution #C-392-14 Moved by Councillor Traill, seconded by Councillor Woo That Report CLD-030-14 be received; That Karen Fisher be nominated as Clarington’s non-elected member of the Veridian Corporation Board of Directors for a three-year term beginning January 1, 2015 and ending December 31, 2017. “Carried” Resolution #C-393-14 Moved by Councillor Hooper, seconded by Councillor Partner That Report CLD-030-14 be received; That Frank Stapleton be recommended to Veridian Corporation as Clarington’s non- elected member of the Veridian Connections Inc. Board of Directors for a three-year term beginning January 1, 2015 and ending December 31, 2017. “Motion lost” Resolution #C-394-14 Moved by Councillor Woo, seconded by Councillor Neal That Report CLD-030-14 be received; That Brian Mountford be recommended to Veridian Corporation as Clarington’s non- elected member of the Veridian Connections Inc. Board of Directors for a three-year term beginning January 1, 2015 and ending December 31, 2017. “Motion lost” Resolution #C-395-14 Moved by Councillor Cooke, seconded by Councillor Traill That Report CLD-030-14 be received; That Steve deBoer be recommended to Veridian Corporation as Clarington’s non- elected member of the Veridian Connections Inc. Board of Directors for a three-year term beginning January 1, 2015 and ending December 31, 2017. “Carried” The foregoing resolutions C-391-14 to C-395-14, inclusive, have been corrected to reflect a three year term ending date to be December 31, 2017 and not December 31, 2018. Council Meeting Minutes - 18 - December 15, 2014 Resolution #C-396-14 Moved by Councillor Woo, seconded by Councillor Neal That the Mayor and Clerk, be authorized to execute the consent and waiver agreement for this one term to implement the “additional non-elected director proposal” in the event that Clarington’s non-elected director is selected as Chair or Vice-Chair; and That Brian Mountford be recommended as Clarington’s alternate non-elected individual to the Veridian Connections Inc. Board of Directors in the event that a Clarington non-elected Director is selected as either the Chair or Vice-Chair; and That all interested parties listed in Report CLD-030-14 be advised of Council’s decision. “Carried” By-Laws Resolution #C-397-14 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2014-120 to 2014-123. 2014-120 Being a By-law to exempt a certain portion of Registered Plan 40M-2253 from Part Lot Control 2014-121 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Paul Long, Nick Koitsopoulas, Jason Aiton and Brett MacNeil) (1 and 5 Sidney Lane, Bowmanville) 2014-122 Being a By-law to provide for Civil Marriage Services to be offered by the Municipality of Clarington 2014-123 Being a By-law to retain the 1/3 tax free allowance for Members of Council for 2014-2018 Term of Council; 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. Council Meeting Minutes _ 19 - December 15, 2014 i Other Business Resolution #C-398-14 Moved by Councillor Neal, seconded by Councillor Traill That the Rules of Procedure be suspended to allow for the introduction of a motion regarding infrastructure changes to Highway 401 off ramps. "Motion lost" Councillor Hooper stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left meeting. Confirming By-Law i Resolution #C-399-14 Moved by Councillor Neal, seconded by Councillor Cooke THAT leave be granted to introduce By-law 2014-124, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15th day of December, 2014; and THAT the said by-law be approved. "Carried" Adiournment Resolution #C-400-14 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 11:20 pm. Carried - . ayor [/luiiicipal Jerk