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HomeMy WebLinkAbout02-06-2017Council Minutes February 6, 2017 - 1 - Minutes of a regular meeting of Council held on February 6, 2017, at 7:00 PM, in the Council Chambers Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: C. Clifford, A. Allison, T. Cannella, J. Caruana, F. Horvath, M. Marano, C. Pellarin, C. Salazar, N. Taylor, G. Weir, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Hooper led the meeting in a moment of reflection. 3 Declaration of Interest There were no declarations of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-019-17 Moved by Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of January 16, 2017, be approved. Carried later in the meeting Councillor Neal questioned why the minutes of January 16, 2017 did not record the votes for the appointments to the Agricultural Advisory Committee and the CAO Recruitment Selection Committee. The Municipal Clerk was requested to respond to Councillor Neal. The foregoing Resolution #C-019-17 was then put to a vote and carried. Council Minutes February 6, 2017 - 2 - Resolution #C-020-17 Moved by Councillor Woo, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow for the introduction of a motion concerning the Charter for Inclusive Communities. Carried This matter is considered later in the meeting under the Other Business Section of the Agenda. 6 Presentations There were no Presentations scheduled for this meeting. 7 Delegations There were no Delegations scheduled for this meeting. 8 Communications – Receive for information There were no Communications to be received for information. 9 Communications – Direction 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated January 12, 2017 10.1.2 Minutes of the Clarington Heritage Committee of dated December 20, 2016 10.1.3 Minutes of the Abandoned Cemetery Committee dated June 9, 2016 10.1.4 Minutes of the Bowmanville Santa Claus Parade dated October 25, November 1, November 7 and November 28, 2016 10.1.5 Minutes of the Newcastle Memorial Arena Management Board dated November 8, 2016 Council Minutes February 6, 2017 - 3 - 10.1.6 Minutes of the Clarington Accessibility Advisory Committee dated April 6, May 4, June 1, September 7 and October 5, 2016 Resolution #C-021-17 Moved by Councillor Partner, seconded by Councillor Traill That Advisory Committee Report Items 10.1.1 to 10.1.6, be received for information, with the exception of item 10.1.6 - Minutes of the Clarington Accessibility Advisory Committee dated April 6, 2017. Carried Resolution #C-022-17 Moved by Councillor Woo, seconded by Councillor Traill That the Minutes of the Clarington Accessibility Advisory Committee dated April 6, 2017, be received for information. Carried General Government Committee Report of January 23, 2017 Resolution #C-023-17 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of January 23, 2017 be approved, on consent, with the exception of items #7, #8, and #10. Carried Item 7 - Outdoor Ice Skating Rink Policy Resolution #C-024-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report OPD-001-17 be received; and That Council endorse the operating policy set out in Report OPD-001-17 for the approval and maintenance of volunteer based Outdoor Ice Skating Rinks with the following amendment: The words “September 30th” be replaced with the words “November 1st in Section 1 of the Application and Approval Process section. Tabled later in the meeting (See following motions) Council Minutes February 6, 2017 - 4 - Resolution #C-025-17 Moved by Councillor Neal, seconded by Councillor Cooke That Council recess for five minutes. Carried The meeting reconvened at 7:24 PM. Resolution #C-026-17 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-024-17 be tabled to the next Council meeting. Carried Item 8 - Request for Region of Durham Transportation Plan Resolution #C-027-17 Moved by Councillor Woo, seconded by Councillor Hooper That the Municipality of Clarington request the following of the Region of Durham: a)Reduce the posted speed limit to 50km per hour on Highway 2 between Townline Road and Darlington Boulevard; b)That the short term cycling routes include in its Regional Capital Road Project (in Nine-Year Forecast) the stretch between Nash Road and Longworth Avenue along Regional Road 57; and c)That Regional Road Improvements between Harmony Road and Courtice Road along Bloor Street, be done all as part of the 2031 Road Expansion Projects. Carried Item 10 - Broadband Resolution #C-028-17 Moved by Councillor Woo, seconded by Councillor Partner That Staff report back to the February 13, 2017, General Government Committee meeting on strategies available to expand broadband in the Municipality of Clarington. Carried as amended (See following motion) Council Minutes February 6, 2017 - 5 - Resolution #C-029-17 Moved by Councillor Woo, seconded by Councillor Neal That the foregoing Resolution #C-028-17 be amended to change the date of “February 13, 2017” to “March 6, 2017”. Carried The foregoing Resolution #C-028-17 was then put to a vote and carried as amended. Special General Government Committee Report of January 30, 2017 Item 1 - 2017 Operating and Capital Budget Resolution #C-030-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Report FND-001-17 be received; That Council approve the 2017 Operating and Capital Budget as outlined in Attachment 1 of Report FND-001-17, at an estimated tax levy impact of 2.47% (exclusive of tax policy impacts), as directed in Report FND-001-17 with the following amendments: a.That Capital Project 42-421-17104 ASC – Exterior Benches – Traffic Control Measures, in the amount of $5,200, be deleted and that an alternate safety delineation measure be installed; b.That Account #100-10-100-00000-7205 Mayor’s – Reception be reduced from $15,847 to $11,000; c.That Account # 100-10-105-00000-7132 Council – Phone/Fax be reduced from $7500 to $5000; d.That Account #100-10-105-00000-7201 Council – Conferences be reduced from $13,000 to $10,000; e.That Capital Project 42-421-17903 BIS – Athletic Program Netting System & Equipment be reduced from $40,000 to $25,000; f.That Capital Project 28-388-18001 Pumper 15, in the amount of $725,000, be deferred to the 2018 Budget; g.That Account #100-10-105-00000-7299 Council – Misc Expense be reduced from $4,000 to $3,000; Council Minutes February 6, 2017 - 6 - h.That Account #100-10-105-00000-7506 Council – Furniture/Fixtures be reduced from $1,500 to $0; and That the following Accounts be separated and new individual accounts be created per each Council position: •100-10-10-00000-7201 Council – Conferences •100-10-10-00000-7202 Council – Travel Exp. •100-10-10-00000-7299 Council – Misc Exp.; That Council approve a 0.5% or $250,000 tax levy dedicated to Rural Roads outlined as Item #55 on Attachment 1 and Item #4 on Attachment 2 of Report FND-001-17; That the following items, listed as Priority "B", as itemized in Attachment 2 of Report FND-001-17, be approved: a.That Item #1 of Attachment 2 to Report FND-001-17, Fitness Program Revenue Increase, be approved in the amount of $36,750; b.That Item #2 of Attachment 2 to Report FND-001-17, Recreation Programs Revenue Increase, be approved in the amount of $33,000; c.That the corresponding part-time positions of Recreation Programmer ($33,700) and Fitness Centre Programmer ($33,700), be approved; d.That Item #14 of Attachment 2 to Report FND-001-17, Community Outdoor Skating Rinks, in the amount of $1,500, be approved; e.That Item #6 of Attachment 2 to Report FND-001-17, Courtice CIP Proposed DC Incentive, in the amount of $100,000, be approved; f.That the two full-time positions, funded through other sources, being the Senior Plans Examiner position (financed by building permit revenues - $87,700) and Principal Planner position in Community Planning to coordinate multiple secondary plans (financed through the Council-approved approach of the development community paying for the preparation of plans - $121,200), be approved; g. That Item #4 of Attachment 2 to Report FND-001-17, Rural Roads Resurfacing, in the amount of $200,000, be approved; h.That a net tax levy funding envelope of $300,000, exclusive of positions approved earlier in the meeting, be approved subject undertaking a review of silos (being the commencement of the Service Delivery Review process, the Building and Planning Process review and the IT Strategic Plan) be approved; Council Minutes February 6, 2017 - 7 - i.That Item #7 of Attachment 2 to Report FND-001-17, Customer Service Delivery Review Program, in the amount of $40,000, be approved; j.That Item #8 of Attachment 2 to Report FND-001-17, Customer Relationship Management Project, in the amount of $25,000, be approved; k.That Item #15 of Attachment #2 to Report FND-001-17, Cemetery Foundation Repairs, in the amount of $5,000, be approved; and l.That Item #17 of Attachment #2 to Report FND-001-17, Building Rental for Remote Fitness Program, in the amount of $7,200, be approved; That Council authorize the commencement of a tax increment grant incentive program for the Courtice CIP area based on the approved Courtice CIP and a development charges incentive program to the limit approved in the 2017 Budget; That Attachment 3 of Report FND-001-17, be approved as follows, at an estimated tax levy impact of 0.18%: a.That the Bowmanville Older Adult Association 2017 grant funding be approved in the amount of $260,100; b.That the Visual Arts Centre 2017 amended Budget Request be approved in the amount of $210,848; c.That the Clarington Museums 2017 Budget Request be approved in the amount of $282,643; d.That the Newcastle Community Hall 2017 Budget Request be approved in the amount of $22,000; e.That the Orono Cemetery Board 2017 Budget Request be approved in the amount of $10,000; f.That the John Howard Society/Firehouse Youth 2017 Budget Request be approved in the amount of $61,200; g.That the Community Care Durham 2017 Budget Request be approved in the amount of $40,500; h.That the Clarington Public Library 2017 Budget Request be approved in the amount of $3,016,710; and i.That the Clarington Public Library – Capital Tax Levy 2017 Budget Request be approved in the amount of $114,176; Council Minutes February 6, 2017 - 8 - That the external agencies, referred to in Attachment 3 of Report FND-001-17, be advised of Council's decision regarding their grant request and be thanked for their delegation on January 27th, as appropriate; That attachments outlining Reserve and Reserve Fund Contributions and new Reserve/Reserve Funds be approved as shown in the 2017 Draft Budget binder; That approximately $800,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; That the financing of Capital projects, as outlined in the documents attached to Report FND-001-17, be approved; That any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest as cash flow permits; That Report FND-001-17 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; That, subject to Council approval of the Renovations to the Municipal Administrative Centre and the Renovations to the Rickard Recreation Complex, identified in the 2017 Draft Capital Budget to be financed from debenture financing, the Director of Finance/Treasurer be authorized to make application to the Region of Durham for the necessary debenture, with such terms being at the discretion of the Director of Finance; and That the appropriate By-laws to levy the 2017 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. Note: Subsection h. of paragraph 5 (referring to Attachment 1 of Report FND-001-17 and subsection a. of paragraph 7 (referring to Attachment 3 of Report FND-001-17) were pulled for discussion and voted on separately. Carried as amended later in the meeting (See following motions) Council Minutes February 6, 2017 - 9 - Resolution #C-031-17 Moved by Councillor Neal, seconded by Councillor Trail That the foregoing Resolution #C-030-17 be amended to replace subsection h of paragraph 2 as follows: That a net tax levy funding envelope of $300,000, exclusive of positions approved earlier in the meeting, be approved, provided that prior to hiring for the relevant positions a review be undertaken, including job designs, silos, service delivery process, Building and Planning process review, and the IT Strategic Plan; and that the review be reported on to Council. Carried Resolution #C-032-17 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-030-17 be amended to add: That the Bowmanville Older Adult Association 2017 grant funding be approved in the amount of $260,100. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ Resolution #C-033-17 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-030-17 be amended to defer Capital Project 42-421- 17804 – SCA –Ice Resurfacer replacement to the 2018 budget. Motion withdrawn Council Minutes February 6, 2017 - 10 - Resolution #C-034-17 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-030-17 be amended to Reduce Item #59 of Attachment 1 to Report FND-001-17 – contributions to Community Services Transfer to R/F from $50,000 to $25,000; Reduce Item #61 of Attachment 1 to Report FND-001-17, contributions to Municipal Capital Works Reserve Fund, from $50,000 to $25,000; Reduce Item #62 of Attachment 1 to Report FND-001-17, contributions to Fire Equipment Reserve Fund, from $50,000 to $25,000; and Reduce Item #63 of Attachment 1 to Report FND-001-17, contributions to Facilities Maintenance Reserve Fund, from $50,000 to $25,000; and Reduce Item #64 of Attachment 1 to Report FND-001-17, contributions to Operations Equipment Reserve Fund, from $50,000 to $25,000. Carried Resolution #C-035-17 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-030-17 be amended to delete the separation and creation of new individual accounts per each Council position for the following Accounts: •100-10-105-00000-7201 Council – Conferences, •100-10-105-00000-7202 Council – Travel Exp. •100-10-105-00000-7299 Council – Misc Exp.; and That the status quo be maintained. Lost Resolution #C-036-17 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-030-17 be amended to separate Account #100-10- 105-00000-7054 LTD/LIFE/HLTH and create new individual accounts per each Council position. Lost Council Minutes February 6, 2017 - 11 - Resolution #C-037-17 Moved by Councillor Woo, seconded by Councillor Partner That the foregoing Resolution #C-030-17 be amended to add: That a reserve fund for new hires be established; and That $125,000 being allocated for future staffing needs with the understanding that the 2017 contribution will not be used in 2017. Carried Members of Council provided comments on the 2017 Budget. Resolution #C-038-17 Moved by Councillor Neal, seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-030-17 a second time. Carried Members of Council commented further on the 2017 Budget. The foregoing Resolution #C-030-17 was then put to a vote and carried as amended on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Mayor Foster √ Planning & Development Committee Report of January 30, 2017 Resolution #C-039-17 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of January 30, 2017 be approved, on consent, with the exception of item #3. Carried Council Minutes February 6, 2017 - 12 - Item 3 - Applications by High Street Courtice Inc. to amend the Clarington Official Plan and Zoning By-law to permit a 442 unit residential development along Courtice Main Street Resolution #C-040-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-009-17 be received; That the applications submitted by High Street Courtice Inc. for a Clarington Official Plan Amendment (COPA 2016-0004) and Rezoning (ZBA 2016-0024) continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-009-17 and any delegations be advised of Council’s decision. Carried 11 Staff Reports Report CAO-001-17 – Waverley Road / Highway 401 Interchange Resolution #C-041-17 Moved by Councillor Woo, seconded by Councillor Partner 1. That Report CAO-001-17 be received; 2. That, recognizing the significant investments already made or committed by the Province in transportation infrastructure throughout the Region of Durham and the Municipality of Clarington and given the business case presented in this Report, the Mayor be authorized to write to the Ontario Ministry of Transportation to, (a) request that any future planned and as yet unfunded, expansion and rehabilitation improvements to the Highway 401 Waverley Road interchange be significantly accelerated and included in its five year capital works plan; and (b) advise of Clarington’s intentions to partner with SmartREIT, and to encourage the Region of Durham to join this partnership such that: i. the three parties would equally share $7,485,000, based on current cost estimates, towards the capital cost of constructing such improvements to offset costs that the Ministry will incur in advancing this project at least 14 years earlier than the Ministry deems needed; and Council Minutes February 6, 2017 - 13 - ii. the Municipality of Clarington and each of the other two parties contribution would be 13% or $2,495,000 based on current estimates. 3. That staff return to Council before any legal commitment is made and report on results of discussions with affected parties including cost containment measures; and 4. That a copy of this report be forwarded to all interested parties noted. Carried later in the meeting Resolution #C-042-17 Moved by Councillor Woo, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-041-17 a second time. Carried The foregoing resolution #C-041-17 was then put to a vote and carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Mayor Foster√ √ 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion considered under this Section of the Agenda. 13 Unfinished Business There was no Unfinished Business considered under this Section of the Agenda. Council Minutes February 6, 2017 - 14 - 14 By-laws Resolution #C-043-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2017-013 to 2017-015 14.1 2017-013 Being a By-law to limit the gross weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the Municipality of Clarington pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended (Item 4 of the General Government Committee Report) 14.2 2017-014 Being a by-law to authorize the closure and conveyance of a road allowance and the conveyance of a road allowance (Item 5 of the General Government Committee Report) 14.3 2017-015 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Holland Homes) (Approved by Council September 21, 2015); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There was no Procedural Notice of Motion considered under this Section of the Agenda. 16 Other Business Earlier in the meeting Council resolved to suspend the Rules of Procedure to allow the introduction of the following new business. Resolution #C-044-17 Moved by Councillor Woo, seconded by Councillor Cooke Whereas the Charter for Inclusive Communities affirms the dignity of every person and calls for a concerted effort to counter prejudice and hate and to develop programs and policies specific to the reduction and elimination of Islamophobia in all its forms. And Whereas the rise of anti-Muslim incidents across Canada and the recent attacks in Quebec City risk eroding the strength of our country’s rich social fabric; Now therefore be it resolved that Clarington Council endorses and supports the National Council of Canadian Muslims’ Charter for Inclusive Communities which reads: Council Minutes February 6, 2017 - 15 - “Preamble The recent rise in anti-Muslim incidents in Canada is disturbing and risks eroding the strength of our country’s rich social fabric. When Muslim women are attacked in the streets, when mosques are vandalized or when people face prejudice in their workplace or school, it is not only Canadian Muslims that suffer; Canadian society as a whole is weakened because our values of equality, respect, justice and dignity for all are threatened. Hate crimes against Muslims have risen dramatically in recent years both in Canada, and around the world. Given the unfortunate climate of fear that seems to have entered some segments of public life, it appears that this trend is increasing. Islamophobia is real and it is wrong, despite what some may say to downplay it or dismiss it. This type of hate and discrimination tells Canadian Muslims that they do not belong by isolating them and their communities through stigmatization and casting them as outsiders and the ‘other’. Our Commitment By signing this Charter, we commit to standing up for the rights and dignity of everyone in order to promote inclusive, just, and respectful communities in Canada. We strongly affirm that: • Islamophobia, like all other forms of racism, hate, xenophobia, and bigotry, has no place in Canadian society. • Discrimination and acts of hate against anyone, marginalize individuals and communities and exclude them from participating fully in society and fulfilling their potential. • The dignity of every person in Canada is essential to a healthy and vibrant society. • Everyone has a role to play in creating safe environments for us all. • All levels of government, civil society, communities, and public officials have a duty to work together in developing policies, programs and initiatives to reduce and eliminate Islamophobia in all its forms. • By working together, we can nurture inclusive communities and strengthen our shared commitment to Canada’s values of equality, respect, justice, and the dignity of all persons.” Council Minutes February 6, 2017 - 16 - And That this resolution be forwarded to the local Member of Parliament (M.P.), the local Members of Provincial Parliament (M.P.P.), the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM), the Regional Municipality of Durham and all Durham Region Municipalities. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Mayor Foster √ Councillor Partner extended congratulations to Councillor Neal in seeking the Progressive Conservative nomination for the next provincial election for the Durham Riding. Councillor Traill raised a Point of Information requesting the Chair to confirm the suggestions the figures she stated earlier in the meeting regarding Clarington’s tax rate were not accurate and to confirm that the combined 2016 property tax rate from Clarington’s website was 1.33%, Oshawa 1.561%, Whitby, Ajax and Pickering were all under 1.33% and that the Municipality was the second highest. Mayor Foster stated he believed that Councillor Traill may have referred to taxes, not tax rates and confirmed that based on the actual cost to residents, Clarington’s taxes are, with one or two exceptions, the lowest in Durham Region. Councillor Hooper expressed appreciation to Carlos Salazar and staff of the Planning Services Department for meeting with the Bowmanville BIA with respect to the Waverley Road / Highway 401 Interchange improvements. Councillor Partner indicated that they would also be meeting with both the Newcastle and Orono BIA’s on the same subject. 17 Confirming By-law Resolution #C-045-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-016, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 6th day of February, 2017; and That the said by-law be approved. Carried