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HomeMy WebLinkAbout11/18/2013COUNCIL AGENDA DATE: MONDAY, NOVEMBER 18, 2013 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation /presentation to a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may also be video recorded. MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council November 4, 2013 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS a) Jo -Ann Mian - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) b) Rob MacDonald — Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) C) Joseph Sinacori - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) d) Sheila Hall, Clarington Board of Trade — Report EGD- 039 -13 - Servicing of Non - Residential Development Opportunities, Host Community Strategic Funding Policy, Lake Road Construction — Existing East Limit to Lambs Road (Item 5 of Report #1) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Council Agenda - 2 - November 18, 2013 COMMUNICATIONS Receive for Information 1- 1 Minutes of the Orono Arena Community Centre Board dated October 29, 2013 1 - 2 Minutes of the Bowmanvilie Santa Claus Parade dated September 10, September 24, and October 22, 2013 1 - 3 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - Energy From Waste (EFW) Environmental Monitoring Program Review 1 - 4 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - Environmental Bill of Rights Registry Numbers 011 -9260 — Waste Reduction Act and 011 -9262 — Waste Reduction Strategy 1 - 5 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - French Language Services Act 1 - 6 Randy Quammie - French Language Services Act 1 - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - 2013 Sewer Use By -law 1 - 8 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - Quarterly Report on Planning Activities (July 1, 2013 — September 30, 2013) 1 - 9 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham - Central Lake Ontario Conservation Authority Watershed Plans 1 - 10 Paul Webster, Traffic Supervisor, Ministry of Transportation - "John Turner Memorial Highway" 1- 11 Tyler Drygas, Consultant Senior Environmental Planner, URS — Notice of Design and Construction Report Submission — Advance Clearing Contract — Highway 401 /Holt Road Interchange 1 -12 Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax — Veridian Governance 1 - 13 Director, Environmental Approvals Branch, Ministry of Transportation, (MTO) Notice of Study Commencement — Section 27 Application for Amending Certificate of Approval — Darlington Nuclear Generating Station Council Agenda - 3 - Receive for Direction November 18, 2013 D - 1 Lynda Motschenbacher — Request for Extension to Building Permit #10.0211 D - 2 Chris Bobyk, Forrest Group — Bowmanville High School, 105 Queen Street East — Request for Postponement of Applications D - 3 Dave Neil — Expenditures at the Clarington Fitness Centre D-4 Michael Coteau, Minister, Ministry of Citizenship and Immigration — 2014 Volunteer Service Awards Program D - 5 Michael Jacek, Senior Advisor, Association of Municipalities of Ontario (AMO) — FCM Launch of "Fixing Canada's Housing Crunch" Campaign D - 6 Jo -Ann and Peter Mian - Forced Road Designation at 4826 Concession 6, Newtonville D - 7 Sylvia Jaspers - Fayer, Chair, Accessibility Advisory Committee — Ontario Building Code COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of November 12, 2013 STAFF REPORT(S) UNFINISHED BUSINESS BY -LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY -LAW ADJOURNMENT 111 11. I,eadin� the N'ap Council Meeting Minutes NOVEMBER 4, 2013 Minutes of a regular meeting of Council held on November 4, 2013 at 7:00 p.m., in the Council Chambers. Councillor Woo 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 Manager of Infrastructure, R. Albright Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Deputy Treasurer, L. Gordon Director of Corporate Services and Human Resources, M. Marano Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Woo announced the following: • On October 31, 2013, approximately 80 students and residents of the Port of Newcastle collected 150 bags of food for the Clarington East Food Bank.- The food drive was sponsored by Palmieri's No Frills, Specialty Wealth and Tim Norton's Newcastle • On November 3, 2013, the Newcastle United Church kicked off their 190th Anniversary Celebrations with a Roast Beef Dinner Council Meeting Minutes - 2 - November 4, 2013 ® Palmieri's No Frills will be celebrating their 1St Anniversary with a barbeque on November 9, 10 and 11, 2013, with support from the Newcastle Lions Club and will be collecting food for the Clarington East Food Bank Councillor Hooper announced the following: • On November 1, 2013, he represented the Municipality at the Clarington Central Secondary School Graduation Ceremonies • Bowmanville Remembrance Day Service hosted by Branch 178 of the Royal Canadian Legion on November 11, 2013, at the cenotaph at 10:30 a.m. • Remembrance Day Service at Kingsway Arms on November 11, 2013 in the afternoon • Bowmanville Santa Claus Parade on Saturday, November 16, 2013, starting at 10:30 a.m. Clarington Older Adult Association Events: • Remembrance Day Luncheon on November 5, 2013, with the Royal Canadian Legion Branch 178 Colour Party at 11:30 a.m. • November 9, 2013, Euchre Extravaganza • Scott Woods Christmas Concert Tour on November 24, 2013 at the Newcastle Community Hall • "Showcase of the Arts" on November 28, 2013, at 7:00 p.m. ® November 2, 2013, he attended the Church Bazaar in Hampton ® November 22 and 23, 2013, Hampton United* Church is presenting an exhibit of over 150 Nativity Scenes from around the world Councillor Novak announced the following: • Mayor Foster and Regional Councillor Chapman are participating in the " Movember" fundraising event in support of men's health programs • Priority Green Clarington 2013 Symposium "Setting the Foundation for Building Liveable Neighbourhoods" held at the Courtice Complex on October 31, 2013 was.well attended • Durham Art of Transition Creative Awards on Friday, November 8, 2013 at the Robert McLaughlin Gallery at 6:30 p.m. • Annual Christmas Tree Lighting Ceremony at Whitecliffe Retirement Residence on November 28, 2013, 6:30 p.m. - 8:30 p.m. • 1 St Annual Courtice Santa Claus Parade on December 1, 2013, starting at 12:00 noon • Bowmanville Hospital Remembrance Day Service at 1:00 p.m. on November 11, 2013 • Remembrance Day Service at Whitecliffe Retirement Residence, November 11, 2013, at 11:00 a.m. • Armistice Dinner on Saturday, November 9, 2013 • Information and Networking Seminar on November 8, 2013, from 7:45 a.m, to 11:30 a.m. at Regional Headquarters Council Meeting Minutes - 3 - November 4, 2013 Councillor Partner.announced the following: • After 100 years, the trowel used to lay the cornerstone of the Orono Armoury 100 years ago will be presented back to the Orono Armoury by Mayor Foster following the Orono Remembrance Day Service on November 10, 2013 • Remembrance Day Services will be held on November 9, 2013, at 10:30 a.m. in Newtonville, on November 10, 2013, at 1:15 p.m. in Orono and on November 11, 2013 at 11:00 a.m. in Newcastle • November 15, 2013, 3`d Annual Jackie Kent Extravaganza, hosted by Joan Kimball of the Village Card and Gift Shop, with proceeds in support of the Newcastle Community Hall Fund • November 16, 2013, 5th Annual Dance and Fundraiser hosted by Janice Parish and Royal Service in support of the Clarington East Food Bank • November 17, 2013, Santa Claus Parade in Newcastle starting at 5:30 p.m. • November 30, 2013, Orono Santa Claus Parade, starting at 10:30 a.m. Councillor Traill announced that on Saturday, November 9, 2013, St. Joseph's Parish will be holding their Annual Christmas Bazaar.. Mayor Foster announced the following: • On Thursday, November 7, 2013, the Clarington Board of Trade will be hosting the Annual Energy Summit at the new Ontario Power Generation Energy Complex at 8:30 a.m. • November 5, 2013, Membership Appreciation Night at the Clarington Board of Trade office from 5:00 p.m. to 7:00 p.m. • November 6, 2013, "Take Your Kids to Work Day" • November 7, 2013, Mary Ann Found will be presented with the 2013 Women in Excellence Award at the Royal Agricultural Fair • The Honourable Jeff Leal visited Algoma Orchards today • On October 31, 2013, Durham Mayors and the Regional Chair met with the Minister of Energy and the Premier regarding the new build /refurbishment at the Darlington Nuclear Generating Station Resolution #C- 360 -13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council October 21, 2013, be approved. "CARRIED" Council Meeting Minutes - 4 - November 4, 2013 RESENTATIONS Michael Patrick, Chair, Sustainable Clarington Community Advisory Committee, addressed Council to present the Committee's Task 1 and 2 Report. Mr. Patrick indicated the Committee was formed to advise Council on matters of sustainability and was given a concise Terms of Reference and assigned a very specific task. Mr. Patrick stated the Committee is comprised of Clarington residents Neil Allin, Mike Dymarski, Suzanne Elston, Vice- Chair, Allan Hewitt, Lorraine Jones, Kerry Meydam, Kira Nowick (Student Representative), Mayor Foster and Councillor Hooper, Ex Officio, non voting members and Curry Clifford, staff liaison. Mr. Patrick reviewed the Committee process in completing Task 1 —to assess the 58 suggestions of the Green Community Strategy as to their suitability, feasibility and acceptability and to prioritize. He noted that from this review which included meeting with as many people as possible in the community who were involved in the activities, and evaluating responses,to ten questions which had been provided in advance to each group, eight suggestions were identified as being the most sustainable, feasible and acceptable. The Committee then came up with the following list of what they felt should be Council's top priorities: • improving communication about existing sustainability programs to Clarington residents and businesses • developing and promoting trails & paths — active and healthy modes of transportation • encouraging energy and water efficiency in new and existing developments and neighbourhoods • educating the business community on the benefits of sustainability • fostering the expanded use of current and new community gardens • protecting the health of municipal employees and residents using municipal facilities by reducing or eliminating the use of certain chemical products in those municipal facilities; and • expanding the planning, maintenance and care of native species of plants on public lands and educating the community about native species and urban ecosystems Mr. Patrick stated as mandated by Council in Step 2, the Committee was requested to describe the current actions to implement the suggestions and to suggest steps to best implement the highest priority items. Mr. Patrick summarized sustainability efforts currently in progress in the Municipality acknowledging that significant effort has been placed on those priorities; however, the approach needed to be simplified by improving communication, coordination and funding. Mr. Patrick reviewed the Committee's recommendations to Council as follows: to provide sufficient funds and staff in the 2014 Budget to enable Clarington residents and businesses to easily get information on living and doing business in sustainable ways Council Meeting Minutes' - 5 - November 4, 2013 • by the end of the first quarter 2014, ask each Municipal Department, the Regional Municipality of Durham and Veridian Connections to identify and recommend actions to improve coordination in their area of responsibility for the applicable priority items identified in Task 1; and • by the end of the second Quarter 2014, ask each Municipal Department, the Regional Municipality of Durham and Veridian Connections to identify the expenditures required, source of funding and timeframe for implementation in their areas of responsibility for the applicable priority items identified in Task 1. On behalf of the Committee, Mr. Patrick thanked Council for the opportunity to contribute to the sustainability direction in the Municipality. DELEGATIONS There were no delegations scheduled for this meeting. COMMUNICATIONS Resolution #C- 361 -13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 6 and I - 8. "CARRIED" I - 1 Minutes of the Central Lake Ontario Conservation Authority dated October 22, 2013 1 - 2 Minutes of the Clarington Heritage Committee dated October 15, 2013 1 - 3 Minutes of the Agricultural Advisory Committee of Clarington dated October 10, 2013 1 - 4 Minutes of the Clarington Safe Communities Advisory Committee dated October 17, 2013 Council Meeting Minutes - 6 - November 4, 2013 1 - 5 Debra Nicholson, Local Area Manager — Durham, Canada Post, responding to Council's correspondence of October 3, 2013, regarding the potential change in service hours at the Orono Post Office; advising of the decline. of stamp purchases, visits to the post office every year and lettermail volumes and the impact on Canada Posts' financial situation; indicating that Canada Post is going through a major transformation to meet the rapidly changing needs of Canadians to be financially sustainable and to stay relevant; and, assuring Council that Canada Post remains committed to providing postal services in Orono and if changes are made, they will be sure to take the needs of their customers into consideration. A subsequent letter has been received from Debra Nicholson indicating that following the review of customer traffic patterns at the Orono Post Office, Canada Post will no longer offer Saturday retail service as of December.2, 3013 but will continue to offer full access to postal services on weekdays as follows: Monday, Tuesday, Wednesday and Friday — 9:00 a.m. to 5:00 p.m. Thursday, 9:00 a.m. to 6:30 p.m. -7 Darlene Bastianelli, Executive Director and Andrea Russell, Chief Development Officer, Bowmanville Hospital Foundation, expressing appreciation to Mayor Foster for attending the Bowmanville Hospital Foundation's 27th Annual Harvest Ball, "A Night of a Thousand Stars "; thanking all sponsors, donors and volunteers for their valuable contribution to the success of this year's Harvest Ball which raised $48,272 that will help purchase a new SLT Laser for the Eye Centre at Lakeridge Health Bowmanville; and, advising the 28th Annual Harvest Ball will take place on October 24, 2014. 1 - 6 Agatha Garcia - Wright, Director, Environmental Approvals Branch, Ministry of the Environment, responding to Council's correspondence of October 1, 2013, concerning the impact of sulphur dioxide emissions from the St. Mary's Cement Plant in Bowmanville on the Minister's decision to approve the amended Environmental Assessment (EA) for the Durham/York Residual Waste study; clarifying that as part of the preparation of the EA, the Regions of Durham and York carried out a Human Health and Ecological Risk Assessment (HHERA) to evaluate potential adverse health impacts from the contaminants released to the air, land and water from the Energy -from Waste facility and established an inventory of existing industrial pollution sources within a 20 kilometre radius of the facility; indicating that emissions data compiled from Canada's National Pollutant Release Inventory for 2007 shows that the St. Mary's Cement Plant in Bowmanville reported a release of 3743 tonnes of Sulphur Dioxide and the HHERA used this total in establishing the existing air quality conditions of the environmental assessment study area against which the potential impacts from the Energy- from -Waste facility would be assessed; and, advising that in making a decision to approve the amended EA, the Minister Council Meeting Minutes - 7 - November 4, 2013 considered the conclusions of the Human Health and Ecological Risk Assessment. Resolution #C- 362 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Municipality respond to the Environmental Approvals Branch requesting that an updated Human Health and Ecological Risk Assessment be conducted using the actual 2012 and 2013 emissions levels of sulphur dioxide from St. Marys Cement as the background. "MOTION WITHDRAWN LATER IN THE MEETING" Resolution #C- 363 -13 Moved by Councillor Novak, 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. "CARRIED" The meeting reconvened in open session at 8:01 p.m. 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. Councillor Neal withdrew Resolution #C- 362 -13. Council Meeting Minutes - 8 - November 4, 2013 Resolution #C- 364 -13 Moved by Councillor Neal, seconded by Councillor Partner THAT the issue of whether Council can request an updated Human Health and Ecological Risk Assessment (HHERA) from the Ministry of the Environment to be carried out by Durham and York Regions based on the 2012 St. Marys Cement's sulphur dioxide levels be referred to an independent Environmental Lawyer for an opinion with a budget of up to $5,000. L "CARRIED ON THE FOLLOWING RECORDED VOTE ": Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo V/ Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster 1 - 8 Ron Robinson, President, Clarington Board of Trade and Office of Economic Development (CBOT), writing to The Honourable Kathleen Wynne, Premier of Ontario, advising that CBOT has been an active participant in Ontario's Long Term Energy Review and an educated voice on the energy file as it relates to economic development opportunities; advising that a great deal of work and investment has gone into the new /replacement reactors at the Darlington Nuclear Generating Station and that CBOT's recommendation would be for the new /replacement,reactors at Darlington to remain in the Long Term Energy Plan showing flexibility for the timing of construction relative to demand; indicating that in order to co- ordinate these two projects to ensure Ontario's economic engine remains stable, the Long Term Energy Plan must look at long term solutions and lead times to bring new power on line on time and that CBOT is pleased to see that the refurbishment of the existing units will remain an important part of the plan; and, advising that CBOT is committed to being an educated, strategic and vocal participant on the energy file. Council Meeting Minutes - 9 - November 4, 2013 Resolution #C- 365 -13 Moved by Councillor Neal, seconded by Councillor Woo THAT Correspondence Item I — 8, from Ron Robinson, President, Clarington Board of Trade and Office of Economic Development (CBOT), with respect to new /replacement reactors at Darlington Nuclear Generating Station, be received for information. CORRESPONDENCE FOR DIRECTIO Resolution #C- 366 -13 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1 to D - 6 be approved as per the Agenda, with the exception of Items D - 3 and D - 4. "CARRIED" D - 1 Lisa Roy, Orono Santa Claus Parade Chair, requesting permission to hold the 2nd Annual Orono Santa Claus Parade on November 30, 2013, commencing at 10:30 a.m. and indicating the parade will begin at the intersection of Mill Lane and Mill Street, parade down Mill Street, Station Street and Princess Street to disband at the Orono Fair Grounds. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Steven Davidson, Deputy Minister, Ministry of Tourism, Culture and Sport, advising of the 2014 Premier's Awards for Excellence in the Arts, an award to recognize artists and arts organizations for their outstanding achievements and contributions to the community and local economies; and, indicating that each year finalists are selected by an Ontario Arts Council (OAC) Jury and that two awards are presented — one to an artist in the amount of $35,000 and one to an arts organization in the amount of $50,000. Program details and nomination forms are available on the Ontario Arts Council website and the nomination deadline is December 2, 2013. (Correspondence forwarded to the Visual Arts Centre and to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 10 - November 4, 2013 D - 5 Ted Watson, Chair, Agricultural Advisory Committee of Clarington, requesting permission to hold the Farmers Parade of Lights on December 4, 2013. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 6 Jayme Harper, PFLAG Canada Durham Region, requesting November 20, 2013, be proclaimed "TDoR — Trans Day of Remembrance ", to raise awareness of hate crimes against transgender people and to mourn and honour the lives of those who might otherwise be forgotten. (Proclaimed) D - 3 Marie Sforza requesting an extension of the use of temporary living quarters at 51 Bradley Boulevard, Hampton. The property is currently under construction under Building Permit No. 13.0449, issued July 11, 2013. Resolution #C- 367 -13 Moved by Councillor Hooper, seconded by Councillor Neal THAT a six month extension to Building Permit #13.0449 for 51 Bradley Boulevard, Hampton, be approved subject to the signing of a further Letter of Undertaking. "CARRIED" D - 4 George Franklin writing further to staff's response regarding Trulls Road noise and traffic counts; requesting the traffic study to be performed as planned in the spring of 2014 also include an additional sound study, that written evidence be provided whereby it was stipulated that the outdoor amenity area of lots 1 to 13 on Vivian Drive were located in the front yard and /or veranda of the lot; and, submitting a petition from Vivian Drive residents lots 1 to 13 that an acoustic fence be the most logical barrier to improve noise reduction and that the fence be the maximum height in accordance with the by -law requirements. Resolution #C- 368 -13 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Item D — 4 from George Franklin with respect to Trulls Road noise and traffic counts, be referred to staff for a report back to the Council meeting of December 2, 2013. "CARRIED" Council Meeting Minutes - 11 - November 4, 2013 D - 7 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW) advising that next year the Federal government will look at how it handles public postal service with a review of the Canadian Postal Service Charter and has been holding consultations on the future of our public postal service to prepare for the upcoming charter review; indicating that the Corporation has been clear in that it wants to dramatically cut service. to improve its financial situation; advising the Corporation has other options according to a new study by the Canadian Centre for Policy Alternatives (CCPA) entitled "Why Canada Needs Postal Banking ", a case for preserving postal services and improving Canada Post's financial picture through the addition of financial and banking services; indicating that the full report is available at http://www.policValternatives.ca/publications /reports/ why - canada- needs - postal- banking; and, requesting Council to consider adopting the following two resolutions: 1. "WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014 WHEREAS Canada Post is preparing for the review by campaigning for major service cuts WHEREAS Canada Post has already dramatically cut service by closing or downsizing public post offices, eliminating rural mailbox delivery and removing street letter collection boxes . WHEREAS Canada Post and the federal government should do everything in its power to prevent additional cuts during the upcoming review, and instead deal with financial issues by adding revenue - generating services like many other post offices around the world, including lucrative financial services like bill payments, insurance and banking BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Minister responsible for Canada Post to request that the government consider innovative ways to generate postal revenue during the Charter review, including financial services like bill payments, insurance and banking." 2. "WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014 WHEREAS the public has a right to have input on matters involving,its publicly owned post office Council Meeting Minutes -12- November 4, 2013 WHEREAS the current Charter has a number of serious problems that need fixing WHEREAS the government could use the Charter review to reduce our public post office's obligation to provide service (instead of improving the Charter) and even lay the groundwork for privatizing or deregulating Canada Post BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Minister responsible for Canada Post to request 1) that the upcoming review of the Canadian Postal Service Charter be open to public input and 2) that the Charter be improved by: • Ensuring that the moratorium on post office closures in small and rural communities protects the public nature of post offices • Eliminating the exceptions to the moratorium • Extending the consultation process over possible closures and making the process and moratorium more transparent • Establishing an independent Canada Post ombudsperson to report on Canada Post's performance in meeting Charter expectations • Establishing a reasonable, uniform and democratic process for making changes to the postal and delivery network (closures, downsizing, removal of rural mailboxes, etc), but only after consultation with the public and other stakeholders." Resolution #C- 369 -13 Moved by Councillor Woo, seconded by Councillor Traill THAT the resolutions from Denis Lemelin, National President, Canadian Union of Postal Workers (CUPW), with respect to the Canadian Postal Service Charter Review and Improvement, be endorsed. "CARRIED" D - 8 Dave Bryans, CEO, Ontario Convenience Stores Association, (OCSA) requesting Council to consider adopting the following resolution to lend support to convenience stores in their fight against contraband tobacco: "WHEREAS`Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products and an increase in criminal activity; AND WHEREAS contraband tobacco products are easily accessible in our community; Council Meeting Minutes - 13 - November 4, 2013 AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Ontario Minister of Finance in support of the Ontario Government's 2012 and 2013 Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions through amendments to the Tobacco Tax Act. Particularly, in support of the following proposed measures: ® increased fines for those convicted of offenses related to contraband tobacco; • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; • drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts, and; • strengthening provisions to improve the Tobacco Tax Act in meeting the government's commitments. AND THAT the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures. AND THAT surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco. AND THAT a copy of this motion be forwarded to the Association of Municipalities of Ontario, (AMO). esolution #C- 370 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from Dave Bryans, CEO, Ontario Convenience Stores Association, (OCSA), with respect to the fight against contraband tobacco, be endorsed. "CARRIED" Council Meeting Minutes -14- November 4,'2013 D - 9 Donna L. McLarty, Town Clerk, Town of Richmond Hill, advising Council that on September 23, 2013, the Town of Richmond Hill adopted the following resolution pertaining to Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety "Working Group Communique ": "WHEREAS the Town of Richmond Hill has a long history of rail systems coexisting with our commercial, residential, agricultural and industrial communities; and WHEREAS it is the belief of Richmond Hill Town Council that our first responders should have all available information about rail cargo to provide for their own safety and that'of the communities they serve; and WHEREAS rail safety is a matter for all communities across Canada; and WHEREAS the Federation of Canadian. Municipalities' (FCM) National Municipal Rail Safety Working Group has produced communique endorsing three key principles of rail safety, including the following areas: 1. Equip and support municipal first responders to rail emergencies; 2. Ensure federal and industry policies and regulations address the rail safety concerns of municipalities; 3. Prevent downloading of rail safety and emergency response costs to local taxpayers. THEREFORE BE IT RESOLVED THAT the Town of Richmond Hill endorse the FCM National Municipal Rail Safety "Working Group communique ", and support the FCM's call on the Federal Government to provide municipalities with adequate information on the dangerous goods that are being transported through their communities and further instruct the Clerk to communicate this resolution to FCM and to the Councils of all GTHA municipalities so that they may do the same; and FURTHER, the Clerk communicate the endorsement of the FCM National Municipal Rail Safety Working Group communique and support for FCM's call on the Federal Government to provide municipalities with adequate information on the Transport of the dangerous goods through their communities, to the Prime Minister of Canada and the Federal Minister of Transport and Members of Parliament representing Richmond Hill and Oak Ridges- Markham." Council Meeting Minutes -15- November 4, 2013 Resolution #C- 371 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Town of Richmond Hill, with respect to the Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety "Working Group Communique ", be endorsed "in principle ". "CARRIED" D - 10 Donna L. McLarty, Town Clerk, Town of Richmond Hill, advising Council that on October 15, 2013, the Town of Richmond Hill adopted the following resolution pertaining to freedom of expression and religion in public places in Ontario: "WHEREAS the Town of Richmond Hill has a long history of diversity and religious inclusivity and acceptance; WHEREAS it is the belief of Richmond Hill Council that municipalities play an important role as an order of government in the development of Ontario's reputation as a free and open, pluralistic society; WHEREAS on September 19, 2013 the Ontario Legislature unanimously endorsed York Centre MPP Monte Kwinter's motion' 'That, in the opinion of this House, the Government of Ontario should oppose any legislation that would restrict or prohibit people's freedom of expression and religion in public places and affirm that Ontario greatly values our diverse population and the social, cultural and economic contributions they make to help our society thrive'; THEREFORE BE IT RESOLVED THAT the Town of Richmond Hill endorse the motion above and further instruct the Clerk to communicate this to the Councils of all GTHA municipalities and to the Association of Municipalities of Ontario so that they may do the same; FURTHER, that the Clerk communicate the endorsement to all provincial first ministers including the Prime Minister of Canada." Resolution #C -372 -1 Moved by Councillor Neal, seconded by Councillor Woo THAT the resolution from Donna L. McLarty, Town Clerk, Town of Richmond Hill, with_ respect to freedom of expression and religion in public places in Ontario, be endorsed. "CARRIED" Council Meeting Minutes -16- November 4, 2013 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee, Report October 28, 2013 Resolution #C -373 -1 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of October 28, 2013 be approved, with the exception of Item #10. "CARRIED" Item #10 Resolution #C- 374 -13 Moved by Councillor Neal, seconded by Councillor Woo THAT Addendum to Report CLD- 027 -13 be received; THAT Report CLD- 027 -13 be received; THAT the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards, as outlined in Attachment No. 2 to Addendum to Report CLD- 027 -13, be approved with the following amendments: ® Section 2.1 c) — Replace the words "Inaugural Meeting of Council" with the words "first General Purpose and Administration Committee meeting ". Section 2.1 d) — Replace the words "Inaugural Meeting of Council" with the words "first General Purpose and Administration Committee meeting ". Section 2.1 d) i) c) —Add the following wording at the end of this section: "The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has submitted their name to the Municipality for consideration on or before the publication of the Agenda for the first General Purpose and Administration Committee." Y Council Meeting Minutes -17- November 4, 2013 Section 2.1 d) ii) a) — Replace this section with the following wording: "Either (i) the Mayor provided that the Mayor is sitting on the Veridian Corporation Board; or (ii) the Mayor's Designate if the Mayor does not sit on the Veridian Corporation Board; or (iii) the Member of Council who is nominated to the Veridian Corporation Board of Directors; and" • Section 2.2 — Change the title from "Replacement of Directors" to "Replacement or Resignation of Directors ". Section 2.2.1.2-b) — Replace this section with the following wording: "In the event of a replacement or if a director resigns, the Municipal Clerk shall request Veridian to undertake their process as outlined in subsection 2.1 a) to seek applications to fill the vacancy and make recommendations to Council for Clarington's nominee to the Veridian Corporation Board of Directors, and it shall.be advertised on the Municipality's web site." • Section 2.2.1.2 c) — In the first sentence, replace the word "Council" with "General Purpose and Administration Committee ". Section 2.2.2. — Delete the following sentence: "While, as noted earlier, the Veridian Corporation Board is not obliged to appoint the nominees put forward by the Municipality to the Board of Directors of Veridian Connections Inc., every attempt will be made to work with Veridian to implement the following process:" Section 2.2.2. b) — Replace this section with the following wording: "The Municipal Clerk will advise Veridian Corporation of Council's decision. If the director requested to be removed is the non - elected director, or if there is a resignation, the Municipal Clerk will also request Veridian to commence their process as outlined in subsection 2.1 a), and it shall be advertised on the Municipality's web site to seek applications to fill the vacancy and allow Clarington Council the opportunity to nominate the candidate for the director. position." Section 2.2.2.2. a) — Replace this section with the following wording: "Upon notification that the director has been removed or resigned, and receipt of the report from the Veridian Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, as well as any applicants who have submitted their applications directly to the Municipality on or before the publication of the General Purpose and Administration Committee meeting Council Meeting Minutes -18- November 4, 2013 Agenda during which the nominations will be made, the Municipal Clerk's Department will include it on the next regularly scheduled General Purpose and Administration Committee meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By -law." on THAT all interested parties listed in Addendum to Report CLD- 027 -13 be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE ": Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal V Councillor Novak Councillor Partner Councillor Traill Councillor Woo Councillor Hooper Mayor Foster STAFF REPORT(S) Report COD - 026 -13 - Tender CL2013 -26, Green Road & CPR Grade Separation Resolution #C- 375 -13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD- 026 -13 be received; THAT Toronto Zenith Contracting Ltd., Concord, Ontario, with a total bid in the amount of $4,708,747.60 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2013 -26 be awarded the contract for Green Road and CPR Grade Separation, as required by the Municipality of Clarington, Engineering Department; Council Meeting Minutes _19- November 4, 2013 THAT the funds required in the amount of $7,352,400.00 (which includes $4,708,747.60 for tendering, design, contract administration, material testing, contingencies and net HST) be drawn from the following Engineering Department Capital Accounts: Accounts: 110-32-330-83421-7401 (Debenture Proceeds) .............. ..................$6,388,600.00 CPRContribution ............................. ............................... ....................$963,800.00 Total funds required ........................ ............................... ..................$7,352,400.00 THAT Council express its intent to fund this project, including debenture repayments and financing to the maximum extent allowable from future development charges; THAT the Director of Finance/Treasurer be authorized to make application to the Region of Durham for a debenture in the approximate amount of $6,400,000.00 plus debenture costs to finance Clarington's share of the total cost of the Green Road and CPR Grade Separation project, such terms at the discretion of the Director of Finance. THAT the Mayor and Clerk be authorized to execute the necessary agreement. THAT the By -law attached to Report COD - 026 -13 marked Schedule "A" be approved to authorize the debenturing required. "CARRIED" UNFINISHED BUSINESS Resolution #C- 376 -13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the presentation by Michael Patrick, Chair, Sustainable Clarington Community Advisory Committee, be received with thanks; and THAT Council express appreciation to the Committee members for their efforts on behalf of the Municipality. "CARRIED" BY -LAWS By -law 2013 -097 was received as a Hand -out. Council Meeting Minutes -20- November 4, 2013 Resolution #C- 377 -13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -laws 2013 -094 to 2013 -097 2013 -094 Being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Claret Investments Ltd. & 1361189 Ontario Limited) 2013 -095 Being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (562503 Ontario Limited) 2013 -096 Being a By -law to amend Schedule "A" to By -law No. 2009 -163 (Code of Conduct — Members of Council) 2013 -097 Being a By -law to authorize the debenturing of approximately $6,400,000 plus debenture costs to assist in the construction of the Green Road and CPR Grade Separation in the Municipality of Clarington; and THAT the said by -laws be approved. EGG l PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda.. OTHER BUSINESS Resolution #C- 378 -13 Moved by Councillor Partner, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow for a motion to be introduced regarding changing the colour of the outside lights at the Municipal Administrative Centre. "CARRIED" (Required 3/ vote) Council Meeting Minutes -21 - November 4, 2013 Resolution #C- 379 -13 Moved by Councillor Partner, seconded by Councillor Traill THAT the matter of changing the outside lights at the Municipal Administrative Centre to blue on November 14, 2013, in support of those persons living with diabetes, be referred to staff to determine if this is possible, and if so that it be done. "CARRIED" Councillor Hooper expressed appreciation to staff involved in the Priority Green Symposium, held on October 31, 2013. Resolution #C- 380 -13 Moved by Councillor Woo, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow for a motion to be introduced regarding the Bowmanville Zoo. "MOTION LOST" (Required 3/ vote) Councillor Woo was advised to raise the matter at the next General Purpose and Administration Committee meeting. CONFIRMING BY -LAW Resolution #C- 381 -13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By -law 2013 -098, being a by -law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4th day of November, 2013; and THAT the said by -law be approved. "CARRIED" Council Meeting Minutes -22- ADJOURNMENT Resolution #C- 382 -13 Moved by Councillor Partner, seconded by Councillor Novak THAT the meeting adjourn at 8:49 p.m. "CARRIED" MAYOR November 4, 2013 MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS NOVEMBER 18, 2013 a) Jo -Ann Mian - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) b) Rob MacDonald — Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) C) Joseph Sinacori - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) d) Sheila Hall, Clarington Board of Trade — Report EGD- 039 -13 - Servicing of Non - Residential Development Opportunities, Host Community Strategic Funding Policy, Lake Road Construction — Existing East Limit to Lambs Road (Item 5 of Report #1) SUMMARY OF CORRESPONDENCE NOVEMBER 18, 2013 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Orono Arena Community Centre Board dated October 29, 2013 (Copy attached) 1 - 2 Minutes of the Bowmanville Santa Claus Parade dated September 10, September 24, and October 22, 2013 (Copies attached) 1 - 3 D. Bowen, Regional Clerk /Director of Legislative Services, Regional Municipality of Durham, advising Council that on October 9, 2013, Regional Council adopted the following resolution pertaining to Energy From Waste (EFW) Environmental Monitoring Program Review: "a) THAT to affirm that the existing Energy from Waste Facility Environmental Monitoring Program meets all regulatory requirements and exceeds Regional Council approved monitoring plans: i) THAT the Regional Municipality of Durham will undertake one additional annual stack test commencing in 2015, for at least three years; ii) THAT the third party, independent and impartial testing agent approved by the Commissioner of Works be retained to carry out the additional annual stack test for the duration of the three years; iii) THAT an independent report of data collected and analyzed be presented to Regional Council; iv) THAT the Commissioner of Works approach the Region of York for financial contributions towards this program in accordance with the principles identified in the co- owner's agreement; b) THAT the Regional Municipality of Durham in co- operation with the Municipality of Clarington .undertake to site and provide an additional fixed air monitoring station for a three year period; c) THAT following the first full year of monitoring during operations, and subsequent to.the Ministry of the Environment review of the monitoring results, staff report back on any recommended revisions to the Energy from Waste Facility Environmental Monitoring Program; and Summary of Correspondence -2 - November 18, 2013 d) THAT the three motions from the Energy from Waste — Waste Management Advisory Committee (Host Community Committee), Municipality of Clarington and Township of Uxbridge, with respect to additional monitoring, be received for information, with a copy of Report No. 2013 -J -26 to be forwarded to these municipalities." 1 - 4 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on October 30, 2013, Regional Council adopted the following resolution pertaining to Environmental Bill of Rights Registry Numbers 011 -9260 — Waste Reduction Act and 011 -9262 — Waste Reduction Strategy: "a) THAT Regional staff be directed to actively participate in all consultations regarding Bill 91, the Waste Reduction Act, the Waste Reduction Strategy, future related regulations and the transition of existing programs, and to submit comments which are consistent with the position previously endorsed by Regional Council; and b) THAT a copy of Report No. 2013 -WR -8 of the Commissioner of Works be forwarded to each Clerk of the local municipalities in the Regional Municipality of Durham." 1 - 5 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Madeleine Meilleur, Minister of Community Safety and Correctional Services, advising that on October 9, 2013, Regional Council adopted the following resolution pertaining to the French Language Services Act: "a) THAT until such time that the Regional Municipality of Durham receives satisfactory assurances from the relevant Provincial Ministries and agencies that the costs of designation under the F.L.S.A. related to Provincial Services and programs will be covered by the Province of Ontario and until that's delivered Regional Council not support the geographic area of Durham being a designated area under the French Language Services Act; and b) THAT Report #2013 -J -24 of the Chief Administrative Officer be forwarded to the Minister responsible for Francophone Affairs, all local MPPs and the eight local municipalities." Summary of Correspondence -3 - November 18, 2013 1 - 6 Randy Quammie expressing concern with the devastating economic, health and financial impact to constituents if the French Language Services Act is implemented; stating that as bilingualism spreads across Canada outside of Quebec, the English speaking population, as well as other minority language groups, will suffer loss of employment opportunities through bilingual hiring policies and will be excluded from being served at French service health care facilities, community and educational centres that their tax dollars pay for. 1 - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on October 30, 2013, Regional Council adopted the following resolution pertaining to 2013 Sewer Use By -law: "a) THAT the proposed Sewer Use By -law (Attachment No. 1 to Report No. 2013 -W -94) be approved to replace the current By -law 43 -2004 as amended; b) THAT the Regional Solicitor prepare and /or approve as to form and content the new Sewer Use By -law; c) THAT the Regional Chair and Clerk be authorized to execute the new Sewer Use By -law; d) THAT copies of the Sewer Use By -law be forwarded to the Regional Municipalities of Peel and York for their information; and e) THAT copies of the Sewer Use By -law be provided to the area municipalities in the Regional Municipality of Durham for their information." 1 - 8 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, advising Council that on October 30, 2013, Regional Council adopted the following resolution pertaining to Quarterly Report on Planning Activities (July 1, 2013 — September 30, 2013): "a) THAT Report #2013 -P -66 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report #2013 -P -66 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." Summary of Correspondence -4 - November 18, 2013 1 - 9 D. Bowen, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to Russ Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, advising that on October 30, 2013, Regional Council adopted the following resolution pertaining to Central Lake Ontario Conservation Authority. Watershed Plans: "a) THAT the watershed plans for the Black/Harmony /Farewell Creek, the Oshawa Creek and the Bowmanville /Soper Creek, be endorsed in principle; and b) THAT a copy of Report #2013 -P -65 of the Commissioner of Planning and Economic Development be forwarded to the Central Lake Ontario Conservation Authority, the Ministry of Municipal Affairs and Housing, the Municipality of Clarington, the City of� Oshawa, the Township of Scugog and the Town of Whitby." 1 - 10 Paul Webster, Traffic Supervisor, Ministry of Transportation, clarifying the highway numbering for the dedication of the John Turner Memorial Highway will remain as it is today, that being the southern portion being numbered Highway 35/115, the middle portion being numbered Highway 115 and the northern portion being numbered 7/115; and, confirming that the entire highway from Highway 401 to Highway 7 — Lansdowne Street will be dedicated as the "John Turner Memorial Highway ". I - 11 Tyler Drygas, Consultant Senior Environmental Planner, URS, advising URS has been retained by the Ontario Ministry of Transportation (MTO) to undertake an Advance Clearing Contract in advance of construction of the Highway 401 /Holt Road Interchange Detail Design project; indicating the Advance Clearing Contract includes clearing of trees and vegetation from the project site to facilitate construction of the overall project and will be completed in advance of the migratory bird nesting season to avoid impacts to migratory birds; advising a Design and Construction Report (DCR) has been prepared detailing the Advance Clearing Contract, a summary of potential environmental effects and mitigation measures, and a summary of the consultation undertaken throughout the project; and, requesting it be made available for a 30 -day public review from November 14, 2013 until December 13, 2013 in the Municipal Clerk's office. Further information regarding the project can be obtained by calling 905 - 882 -4401, ext. 1758. Summary of Correspondence -5 - November 18, 2013 1-12 Correspondence from Nicole Wellsbury, Manager of Legislative Services /Deputy Clerk, Town of Ajax, regarding Veridian governance. Veridian Corporation has indicated that the information contained in the correspondence is confidential and Veridian does not have permission to release the information and doing so could put the Corporation at risk. The Chair, CEO, and Chair of the Governance Committee are the only people allowed to speak on governance matters for the Corporation. (Circulated confidentially under separate cover) 1 - 13 Director, Environmental Approvals Branch, Ministry of Transportation, (MTO) advising that as part of the 407 East Extension Project, the MTO has identified a portion of land owned by Ontario Power Generation (OPG) to be used as a right -of -way for the realignment of the South Service Road between Solina Road and Holt Road as part of the Highway 401 /Holt Road Interchange project; indicating that the subject land forms part of Certificate of Approval No. A390319 for the OPG Landfill; advising that Golder Associates has been retained to complete a Section 27 Application to amend the existing Certificate of Approval for the site on behalf of the MTO; and, forwarding a Notice of Study Commencement advising public involvement will occur throughout the course of the Study and that written comments should be submitted to the Director by November 22, 2013. CORRESPONDENCE FOR DIRECTION D - 1 Lynda Motschenbacher requesting a nine -month extension to building permit #10.0211 to allow for completion of a new residence at 8535 Ormiston Road, Enfield which she and her husband are building the single- family home completely by themselves; advising the building permit has an expiry date of December 7, 2013, the nine -month extension would allow them time to fulfill their conditions; and, indicating that they anticipate occupancy of the new house by September 2014. (Motion to approve a nine month extension to Building Permit #10.0211 for 8535 Ormiston Road, Enfield, subject to the signing of a further Letter of Undertaking) Summary of Correspondence -6 - November 18, 2013 D - 2 Chris Bobyk, Forrest Group, requesting postponement of their application to amend the Official Plan and Zoning By -law for 105 Queen Street East from the November 25, 2013, General Purpose and Administration Committee meeting to the January 20, 2014, General Purpose and Administration Committee meeting to allow time to review new Ontario Noise Guidelines NPC 300, recently implemented by the Ministry of the Environment, and time to revisit the Phase 2 Site Plan and possibilities to increase building set -back. (Motion to approve deferral of application to January 20, 2014, General Purpose and Administration Committee Meeting) D - 3 Dave Neil advising he is an avid supporter of the sport of squash in Clarington and has concerns with the information being provided to Council with respect to the renovations for the Clarington Fitness Centre; stating the average cost to build a squash court is approximately $60,000 noting the staff estimate is $1.2 million; (22 times higher); expressing concern that the new proposal will close off the squash viewing from the public and will impede the ability to .promote the sport; and, suggesting that an independent review of Community Services Department staff work practices, spending processes and community planning be undertaken to ensure that Council is provided with quality estimates and that taxpayers are not paying for over - inflated projects. (Motion to advise of referral of Report CSD- 010 -13 to staff for a further report on when a new Multi -use facility is going to be built in south Bowmanville) D-4 Michael Coteau, Minister, Ministry of Citizenship and Immigration, extending an invitation for Council to participate in the 2014 Volunteer Service Awards Program, a program to recognize volunteers from all sectors for their continuous years of service in a community organization; indicating that each organization can nominate up to nine volunteers, three of whom must be youth; however, if all nominees are adults, the number of nominations remains at six; and, requesting Council to share this information with other organizations that may be interested in recognizing their volunteers. Summary of Correspondence -7 - November 18, 2013 Nomination forms and program information are available on the Ministry of Citizenship and Immigration website at www.ontario.ca /honoursandawards. The deadline for nominations is January 25 of each year. (Motion to refer correspondence to the Municipal Clerk to have information placed on the municipal website) D - 5 Michael Jacek, Senior Advisor, Association of Municipalities of Ontario (AMO), advising of the Federation of Canadian Municipalities (FCM) launch of their campaign "Fixing Canada's Housing Crunch" urging the federal government to work with provincial, territorial and municipal leaders to develop a long -term, coordinated plan for housing; advising that AMO supports this campaign; and, suggesting that Ontario Municipal Council's pass FCM's resolution outlined below to join the advocacy campaign: "WHEREAS, a stable and secure housing system that creates and maintains jobs and allows for a range of living options is essential to attracting new workers, meeting the needs of young families and supporting seniors and our most vulnerable citizens; and, WHEREAS the high cost of housing is the most urgent financial issue facing Canadians with one in four people paying more than they can afford for housing, and mortgage debt held by Canadians now standing at just over $1.1 trillion; and, WHEREAS housing costs and, as the Bank of Canada notes, household debt, are undermining Canadians' personal financial security, while putting.our national economy at risk; and, WHEREAS those who cannot afford to purchase a home rely on the short supply of rental units, which is driving up rental costs and making it hard to house workers in regions experiencing strong economic activity; and, WHEREAS an inadequate supply of subsidized housing for those in need is pushing some of the most vulnerable Canadians on to the street, while $1.7 billion annually in federal investments in social housing have begun to expire; and, Summary of Correspondence -8 - November 18, 2013 WHEREAS the stakes are especially high for Ontario's municipal governments as housing responsibilities have already been downloaded (unlike other provinces and territories) and this is not sustainable on the property tax base; and, WHEREAS, the Federation of Canadian Municipalities (FCM) has launched a housing campaign, "Fixing Canada's Housing Crunch," calling on the federal government to increase housing options for Canadians and to work with all orders of government to develop a long -term plan for Canada's housing future; and, WHEREAS FCM has asked its member municipalities to pass a council resolution supporting the campaign: THEREFORE BE IT RESOLVED THAT the council endorses the FCM housing campaign and urges the Minister of Employment and Social Development to develop a long -term plan for housing that puts core investments on solid ground, increases predictability, protects Canadians from the planned expiry of $1.7 billion in social housing agreements and ensures a healthy stock of affordable rental housing for Canadians; and, BE IT FURTHER RESOLVED THAT a copy of this resolution be sent to the minister noted above, to Ontario's Minister of Municipal Affairs and Housing, to Erin O'Toole, MP, Durham, to the Federation of Canadian Municipalities and to the Association of Municipalities of Ontario." (Motion for Direction) D - 6 Jo -Ann and Peter Mian requesting the Municipality to remove the Forced Road designation to their property at 4826 Concession 6, .Newtonville, due to unobstructed use of their property by local residents who travel at excessive speeds and the associated safety and liability concerns to them; indicating that it is their intention to gate their driveway to eliminate those concerns; highlighting a sequence of events concerning the purchase of their home and the issues associated with the dirt road on their property; indicating that there is only one local resident who currently requires the use of a small portion of their driveway to access their property and confirming the owner does not have a right -of -way over their property; and, . Summary of Correspondence -9 - November 18, 2013 indicating that in the short -term, they propose to gate their driveway from the east end of their property to the foot of the existing entrance of 4855 Concession 6 and would be willing to rent that small portion of the driveway to the residents of 4855 Concession 6 for a monthly fee to a maximum of 12 months until they can construct their own driveway from East Townline Road. (Motion for Direction) D - 7 Sylvia Jaspers - Fayer, Chair, Accessibility Advisory Committee advising Council that on November 6, 2013, the Accessibility Advisory Committee passed the following resolution pertaining to the Ontario Building Code and is requesting Council's consideration and endorsement: "WHEREAS the Building Code Act governs the construction, renovation, demolition and change of use of buildings; AND WHEREAS the Building Code, a regulation under the Act, sets out technical and administrative requirements; AND WHEREAS the Building Code requires retail stores to be constructed with washrooms for the intended number of employees and the public; AND WHEREAS following occupancy, the Building Code has no impact on policies individual retail companies may choose to implement regarding public or customer access to these store washrooms; AND WHEREAS enforcement of the Act and the Building Code is a municipal responsibility; NOW THEREFORE BE IT RESOLVED THAT the Ministry of Municipal Affairs and Housing be requested to amend the Ontario Building Code Act to require individual retail companies to provide public and customer access to the washrooms that have been constructed as a requirement of the Building Code and to provide a means for municipalities to enforce this requirement; and THAT this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario and to the area municipalities within Durham Region for their support." . (Motion for Direction) 1 -1 v MINUTES ORONO ARENA COMMUNITY CENTRE BOARD October 29, 2013 Present: John Witheridge Jackie Moore Elaine Dillon Wendy Partner Laverne Boyd Gord Lowery Gail McKenzie Regrets: Willie Woo Call to order by Chairperson at 7:12 p.m. Agenda: presented by: John Witheridge Moved to accept: Wendy Partner Seconded: Laverne Boyd Passed Minute from June 25 meeting: presented by Jackie Moore Motion to accept as received: Wendy Partner Seconded: Laverne Passed Financial Report (Orono Arena and Community Centre) unavailable — Laverne Boyd will email them to Jackie Moore for distribution. Business Arising from the Minutes: Wendy Partner brought a handout regarding the Protocol on the 2008 -036 regarding the by- laws and Elaine photocopied them to hand out to everyone. New Business: None further arising. Motion to adjourn at 7:24 pm Next Meeting: January 28, 2013 bt 7:00pm. 2014 Meetings are tentatively scheduled for; • Tuesday, January 28, at 7 p.m. • Tuesday, April 22, at 7 p.m. • Tuesday, June 24 at 7 p.m. • Tuesday, October 21, at 7 p.m. J..W.itheridge John Witheridge Chairperson I -2 BOWMANVILLE SANTA CLAUS PARADE MINUTES SEPTEMBER-10, 2013 PRESENT: Kathy McLaughlin, Roger Leetooze, Bill Heathcote, Terryl Tzikas, Allison Dart, Robin Lacey REGRETS: Jennifer Ashby, Tracey Baley- Buckle,'Ted Walton Minutes of Previous Meeting June 19, 2013 were approved Motion made by: Robin Seconded by: Allison All in favour— Carried Robin Lacey (Costumes and Buttons): • Costumes, Robin has a woman that will work on costumes for us. Will make Gingerbread men and freshen up some of our older costumes • Buttons — 2013 Button was selected at this meeting. Discussion on what the charge would be to have a square button this year.. Robin to look to see what the cost would be to do a square button Kathy McLaughlin (Secretary and Publicity) : ► St. John Ambulance will not be attending this year, as this is their Awards Day. Kathy will check with Durham Region to see if an Ambulance could attend. • Dignitary letters going out this week « Once Website is updated, will send out Donation letters • Target Canada -- Kathy to contact Target to see if they would be interested in participating in Parade Terryl Tzikas (Chairperson): Website still not up and running, Terryl still working on this with Jen Teens for Teens will no longer be in Parade, as they are no longer together. Look at Durham Regional Police putting in their Toy Drive. Kathy will contact them. Bill Heathcote (JudIgingIPosters /Rogers Cable /Buttons and Button Boxes): • Will help out wherever he is needed, will be helping out Roger. Thanks Bill Roger Leetooze (JudgingIPosters /Rogers Cable /Buttons and Button Boxes): • Has forwarded application to Rogers TV for Parade Day Motion to Adjourn Robin. Next Meeting., Tuesday September 24, 2013 Room 1C • SANTA CLAMS PARADE — MINUTES OF MEETING September 24, 2013 Attendance; Kathy McLaughlin, Allison Dart, Terryl Tzikas, Robin Lacey Regrets: ten Ashby Minutes of Previous of September 10, 2613 will be Reviewed and passed at our next meeting Robin Lacey (Costumes and Buttons): • Buttons have been ordered • Will arrive in approximately two weeks • Robin has met with costume maker, will have 3 Snow Princesses • Four new costumes will b.e,made for next year Kathy McLaughlin (Secretary and Publicity); Donation Letters will be mailed this week • Waiting to hear back from Police Dates for Ads: October 10, 2013 — Floats and Fillers / Costume Pick up October 24, 2013 Allison Dart'(Treasurer): • Nothing to report at this time Terryl'rAkas (Chairperson): • Floats and Filler emails have been sent Next Meeting: Tuesday October 8, 2013, 7 :00 p.m. St. Andrews Presbyterian Church SANTA CLAUS PARADE — MINUTES OF MEETING October 22, 2013 Attendance: Kathy McLaughlin, Allison Dart, Terryl Tzikas, Robin Lacey, Jen Ashby, Roger Letooze, Tracy Bayley - Buckle Minutes of Previous of September 10, 2013 and September 24, 2013 were reviewed Approve: Roger Letooze Seconded by: Allison Dart Robin Lacey (Costumes and Buttons): • Gaydon will pull Santa Float • Long and McQuade will be the sound system. • Memorial Clubhouse waiting to hear back • Leona — working on 3 Snow Princess costumes Kathy McLaughlin (Secretary and Publicity): • Mayor Foster will not be attending Parade this year as he will be on Training • Dignitary letters have been mailed and have heard back from John O'Toole and Erin O'Toole they will both be attending • Still waiting to hear back from Police regarding Toy Drive • Ads have been place in paper for Floats an Fillers and Costume pick up • Kevin Anyan will be our Announcer again this year • Email has been sent to EMS to let them know of Parade route • Roy Nichols will be providing Camaro Convertabiles and will provide their own drivers • Will receive a cheque of $500.00 form CIPG Allison Dart (Treasurer): • Cheques are coming in Terryl Tzikas (Chairperson): • 22 Entries so far • Santa will be here • Along with Doug and Mike Jen Ashby (Bands) • Has eight bands confirmed so far • Jen's dad will pull Committee Float • Has 2 kids for traffic Tracy Bailey- Buckle (Make Up) • James Publishing sign for Float is made Rob will have the Fire Hall open for 5:00 a.m. Bill Heathcote • Will be putting up signs this year in Tracy's absence, Thank you Bill • Bill will get the sign permit • Put up signs at least two weeks before parade. Start November 4th to put up. Roger Letooze Judging /Posters /Rogers Cable/Buttons-and Button Boxes): • No Rogers broadcast this year because of no resources. Janet to contact Rogers: • Roger has contacted CHEX • Volunteer of the Year this year will be "Legion Button Sellars" Next Meeting: Tuesday November 5, 2013, 7:00 p.m. Town Hall Room 1C REPORT #1 REPORT TO COUNCIL MEETING OF NOVEMBER 18, 2013 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF TUESDAY, NOVEMBER 12, 2013 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD- 064 -13 Request for Confirmation of Municipal Council Support Resolution Under the Green Energy Act: Roof -Top Solar Fit Project At 3520 Highway 35/115 (b) EGD- 038 -13 Monthly Report on Building Permit Activity for October, 2013 2. DELEGATION OF DEBBIE HILLYER, EXECUTIVE DIRECTOR, FISHABILITY SPORTS CLUB INC. AND MANAGER OF THE PREDATORS SLEDGE HOCKEY CLUB, AND VICKY HILLYER, REGARDING INFORMATION ON THE NON- PROFIT ORGANIZATION, FISHABILITY SPORTS CLUB THAT the delegation of Debbie Hillyer, Executive Director, FishAbility Sports Club Inc., and Vicky Hillyer, regarding Information on the non - profit organization, FishAbility Sports Club be received with thanks. 3. PRESENTATION OF INSPECTOR ROLF KLUEM, DURHAM REGIONAL POLICE SERVICE (DRPS), REGARDING DRPS EAST DIVISION POLICING 2013 OVERVIEW OF IDENTIFIED COMMUNITY SAFETY PRIORITIES FROM 2013 COMMUNITY PATROL PLAN THAT the presentation of Inspector Rolf Kluem, Durham Regional Police Service (DRPS), regarding DRPS East Division Policing 2013 Overview of Identified Community Safety Priorities from 2013 Community Patrol Plan be received with thanks; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, SOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 Report #1 - 2 - November 18, 2013 THAT Inspector Kluem be asked to pass along the Committee's thanks for the 18,000 hours service by the DRPS Auxiliary Unit volunteers. 4. PROPOSED NEWCASTLE VILLAGE CENTRE URBAN DESIGN GUIDELINES THAT Report PSD- 063 -13 be received; THAT the Proposed Newcastle Village Centre Urban Design Guidelines (October, 2013), be adopted; and THAT all interested parties listed in Report PSD- 063 -13 and any delegations be advised of Council's decision. 5. SERVICING OF NON- RESIDENTIAL'DEVELOPMENT OPPORTUNITIES HOST COMMUNITY STRATEGIC FUNDING POLICY LAKE ROAD CONSTRUCTION— EXISTING EAST LIMIT TO LAMBS ROAD THAT Report EGD- 039 -13 be received; THAT the Municipality proceed with the extension of Lake Road from the current east terminus to Lambs Road; THAT the Mayor and the Municipal Clerk be authorized to sign the Subdivision Agreement with 1029629 Ontario Inc., Montik Financial Services Inc., 1755480 Ontario Inc. and David Goodman, substantially in the form of Attachment #3 to Report EGD- 039 -13, as amended by adding the following words to the end of Sections 6.3, 6.4, and 6.5 of the draft Subdivision Agreement: "and the charge in favour of the Municipality, as created by Section 7.5 of the Agreement. "; THAT the Municipality's share of the project in the amount of $1,300,000 be funded from the Development Charges Roads and Related Reserve Fund; THAT the land owner's share of the project in the amount of $770,000 be funded from the Strategic Capital Reserve Fund; and THAT Staff be authorized to proceed with the preparation of the design and reports to get required approvals necessary to proceed with the construction of the Lake Road extension in 2014. Report #1 - 3 - November 18, 2013 6. PREQUALIFICATION OF ROOFING CONTRACTORS THAT Report COD - 025 -13 be received; and THAT the Purchasing Manager be given the authority to establish a list of prequalified roofing contractors for the purpose of bidding on Municipal roof repairs and replacements. 7. RFP2013 -1 MUNICIPAL BANKING SERVICES THAT Report COD - 027 -13 be received; THAT the contract for Banking Services, for the Municipality of Clarington be awarded to the Toronto Dominion Bank; THAT the contract be awarded for a five (5) year term with an option to renew for an additional five (5) year term subject to acceptable pricing and satisfactory service; THAT pending acceptable pricing and satisfactory service the Purchasing Manager be authorized to extend the contract for an additional five years; and THAT the Mayor and Clerk, Director of Finance and Chief Administrative Officer as appropriate be authorized to sign all necessary documentation. 8. MEDIA RELATIONS POLICY THAT Report COD - 028 -13 be received; THAT Council review and endorse Revised Policy F2, Media Relations, (Attachment 2 of Report COD - 028 -13) as amended as follows: • Add the following words at the end of Section 1, under Spokespersons: "The Mayor or Deputy Mayor, if speaking on behalf of the Municipality, shall reflect the formal position of the Municipality of Clarington. ", • Add the following words at the end of the last sentence of Section 2, under Spokespersons: "if speaking on behalf of the Municipality of Clarington. "; and • Add the following words to Section 3, 4 and 5, under Spokespersons: "That, when speaking on behalf of the Municipality of Clarington, the (Spokesperson) shall reflect the formal position of the Municipality of Clarington." ; and Report #1 - 4 - November 18, 2013 THAT the policy be made available to all municipal employees through the Municipal intranet and departmental staff meetings. 9. BOWMANVILLE ZOO RECOGNITION WHEREAS the Bowmanville Zoo was founded in 1919 and is the oldest privately owned zoo in North America; AND WHEREAS the Bowmanville Zoo has been a fixture not only in the Town of Bowmanville but under the ownership of the Connell family has had national exposure on the Uncle Bobby Show and bred and sold animals such as the Vietnamese pot bellied pigs and llamas to personalities such as Michael Jackson; AND WHEREAS since the late 1980's under,the ownership of the Hackenberger family, the Bowmanville Zoo has continued to provide a fun and educational experience, to instill a sense of wonder and responsibility so that visitors gain information and knowledge and go away better informed and inspired; AND WHEREAS the Bowmanville Zoo has supplied animals to events such as the Terry Fox Bowmanville Run Site and to feature films such as the Academy Award winning film, Life of Pi; AND WHEREAS the Bowmanville Zoo has been an animal refuge for abandoned or mistreated exotic animals; AND WHEREAS the Bowmanville Zoo is an accredited and a member of Canada's Accredited Zoos and Aquariums (CAZA) and World Association of Zoos and Aquariums (WAZA); NOW THEREFORE BE IT RESOLVED THAT the Mayor and Council of the Municipality of Clarington recognize and congratulate the Bowmanville Zoo for its promotion and preservation of the health and safety of the animals under its care; and THAT the Mayor and Council commend the Zoo for its educational efforts which promote better public understanding of the interaction between the animal world, human beings and the environment. 10. SUSTAINABILITY CLARINGTON COMMUNITY ADVISORY COMMITTEE REPORT TO COUNCIL ON NOVEMBER 4, 2013 WHEREAS the Sustainable Clarington Community Advisory Committee has fully completed its Tasks 1 and 2 as assigned to it by Council and Council received a report from them with recommendations on these matters on November 4, 2013; Report #1 - 5 - November 18, 2013 AND WHEREAS these Recommendations are clear about: • what is to be done • by whom • and by when; AND WHEREAS Council needs the benefit of advice on: how these recommendations would be implemented at what cost and • how the costs would be financed; THEREFORE BE IT RESOLVED THAT, in the case of the Sustainable Clarington Community Advisory Committee's Recommendation 1, staff be requested to report to Council on: (a) how to achieve the outcomes set out in Recommendation 1 (b) the costs to do this (c) and how the costs would be distributed; THAT such staff report be provided before the end of December 2013 so that Council may consider this matter in the 2014 budget deliberations; THAT Council accept the Committee's recommendations 2(a), 3(a), 3(b) except a slight modification in the case of 3(a) on the matter of a financial projection and implementation plan for water conservation in existing development, in which case Council request a report on this matter from the regional CAO rather than Clarington staff given it is a regional matter; and THAT Council thank the Committee for completing, in full, its Tasks 1 and 2 assigned by Council and reassure the Committee that Council recognizes that as a Committee they were not appointed to provide advice, information or education to the public but rather to provide advice to Council and that the Council will, after considering the municipal staffs advice on communications, decide what action will be taken. 11. RENAME THE CLARINGTON LEASH FREE DOG PARK THAT the Clarington Leash Free Dog Park be renamed to the Dave Boyd Memorial Dog Park. THERE ARE NO BY -LAWS FOR CONSIDERATION AT THE COUNCIL MEETING NOVEMBER 18, 2013 To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: November 15, 2013 Subject: COUNCIL AGENDA -- NOVEMBER 18, 2013 Please be advised of the following regarding the November 18th Council meeting: DELEGATIONS See Final list of delegations attached. a) Jo -Ann Mian - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) A copy of correspondence Item D -- 6 is attached for Members of Council. C) 4ios�e. Sinacori -� Forced Road Designation at 4826 Concession 6, Newtonville pondence Item D — 6) A copy of Mr. Sinacori's presentation is d for Members of Council. Patti L. arrie, CMO Municipal Clerk P L B /cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 -623 -3379 F 905- 623 -6506 FINAL LIST OF DELEGATIONS NOVEMBER 18, 2413 a) Jo -Ann Mian - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) b) Rob MacDonald -- Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D — 6) C) Joseph Sinacori - Forced Road Designation at 4826 Concession 6, Newtonville (Correspondence Item D --- 6) d) Sheila Hall, Clarington Board of Trade -- Report EGD- 039 -13 - Servicing of Non - Residential Development Opportunities, Host Community Strategic Funding Policy, Lake Road Construction — Existing East Limit to Lambs Road (Item 5 of Report #1) e) Chris Bobyk, Forrest Group - Bowmanville High School, 105 Queen Street East — Request for Postponement of Applications (Correspondence Item D — 2) f) Steve Hennessey — Report EGD -039 -13 - Servicing of Non - Residential Development Opportunities, Host Community Strategic Funding Policy, Lake Road Construction -- Existing East Limit to Lambs Road (Item 5 of Report #1)