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HomeMy WebLinkAbout01/30/2012 Adopted as Amended Council Meeting Minutes JANUARY 30, 2012 Minutes of a regular meeting of Council held on January 30, 2012 at 7:00 p.m., in the Council Chambers. Councillor Partner led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Communications Co-Ordinator, J. Stycuk Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Councillor Neal stated a pecuniary interest with respect to the delegation of Roger Anderson. Resolution #C-020-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the rules of procedure be suspended to allow for an additional presentation to be added to the Agenda. “CARRIED” Council Meeting Minutes - 2 - January 30, 2012 Resolution #C-021-12 Moved by Councillor Woo, seconded by Councillor Partner THAT a presentation to Marg Zwart, Orono Times, be added to the Agenda following the presentation of Regional Chair Roger Anderson. “CARRIED” Resolution #C-022-12 Moved by Councillor Novak, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow Mayor Foster to present a recap of Council’s 2011 accomplishments following the presentation of Regional Chair Roger Anderson. “CARRIED” ANNOUNCEMENTS Councillor Novak announced the following:  She has been working with a Trent University Student regarding his Thesis on the Impact of Big Box Stores in the Community and will follow up regarding this interesting matter  She attended the Rabbie Burns luncheon at the Clarington Older Adult Association  The Clarington Board of Trade “Simply Social” Event was held at the Bowmanville Employment Centre th  The Clarington Board of Trade Information Centre was held on January 26 providing an opportunity for local business to find information on how to participate in the bid process for Port Granby  Regional Council has approved new waste collection standardize services to include electronics and porcelain to the call in services commencing mid Feb range. Councillor Neal announced that he had attended the Rabbie Burns luncheon at the Clarington Older Adult Association, the Newcastle Chamber of Commerce Annual Meeting, and the Rabbie Burns dinner at the Orono Town Hall hosted by the Museum th Board. He also announced that on Saturday, February 5, the Courtice Rotary is hosting a Euchre Tournament at the Newcastle Town Hall. Tickets are available on the Courtice-rotary-euchre.eventbrite.com website. Council Meeting Minutes - 3 - January 30, 2012 Councillor Hooper advised of events he had attended last week including:  The Annual Newcastle BIA Annual General Meeting at Massey House  Newcastle Bondhead Ratepayers’ Association Meeting  Newcastle Chamber of Commerce Meeting  Clarington Board of Trade “Simply Social” Event  The Clarington Board of Trade Information Centre  Songwriter’s Music Festival at the Whitby Courthouse Festival. Councillor Hooper paid tribute to Jake VanHaverbeke a talented local entertainer  Clarington Older Adults Association Euchre Extravaganza Councillor Hooper also announced that on February 25, 2012, Peter J. Stokes will be speaking on Inspired Adaptations – Finding new Purpose for Old Structures. Councillor Woo announced the following:  He attended the Public Information Centre at the Newtonville Community Hall for the relocation of the truck inspection, noting the preferred site is in Port Hope, following which he attended the Newcastle Business Improvement Area Dinner at the Massey House Restaurant  He also attended the Newcastle Bondhead Ratepayers’ Meeting where Mayor Foster presented his annual update which was well received  Mayor Foster was the keynote speaker at the Newcastle Chamber of Commerce meeting  On Saturday night, he attended the Songwriter’s Music Festival recognizing local entertainer, Jake VanHaverbeke th  On Saturday, February 4 the Association of Hospital Volunteers will host “A Taste of Italy” fundraising dinner at Trinity United Church, with proceeds in support of Lakeridge Health Bowmanville Councillor Traill announced that she enjoyed the Rabbie Burns luncheon at the Clarington Older Adult Association. The Tyrone Community Centre will be holding its Annual Valentines Café night featuring live music, desserts and drinks. Councillor Partner announced she attended the following events:  The Rabbie Burns luncheon at the Clarington Older Adult Association  The Newcastle Business Improvement Association Annual Meeting/Dinner  The Newcastle Bondhead Ratepayers’ Association meeting, the Newcastle Chamber of Commerce Annual General Meeting sponsored by the Clarington Board of Trade  The Gift of Art in Newcastle Speakers Series where Councillor Woo gave a speech on what it was like to grow up in Newcastle as a child of immigrant parents and what the sense of community meant to him  The Newcastle Lions Club Italian supper Council Meeting Minutes - 4 - January 30, 2012 Resolution #C-023-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held January 16, 2012, be approved. “CARRIED” PRESENTATIONS Roger Anderson, Regional Chair, Regional Municipality of Durham, addressed Council to present his Annual Report to Clarington thanking Members of Council for providing him with the opportunity to highlight key Regional achievements during 2011 and to provide a look ahead to the challenges of 2012. Chair Anderson noted that overall, 2011 was a busy year with substantial progress in some areas and frustrating delays in others. He provided a synopsis of the following issues:  Method of Election of the Regional Chair - In December 2010, Regional Council requested regulatory permission to make a change in the method of electing the Region Chair. The Province filed the regulation on January 12, 2012 and it is now up to the area Councils to work through the triple majority process for a decision on direct election  The Provincial announcement to construct the 407 East extension to Harmony Road with a link to the 401 with the winning 407 bid to be announced by Infrastructure Ontario early in 2012  Delays in the process to resolve appeals relating to the Region’s Official Plan Amendment 128 and the Seaton file  Addressed infrastructure backlog using Federal and Provincial Infrastructure Stimulus Funding (ISF) and Regional funds to complete projects valued at $29.3 million  Received $17.4 million in stimulus funding for repairs and energy upgrades to social housing stock  Regional Council has lobbied the Federal government to replace infrastructure funding programs with a long-term infrastructure plan that provides a predictable and reliable funding stream for municipalities  Regional investment of $2.7 million in a total of 7.9 km of road rehabilitation at multiple locations in Clarington and $140,000 in traffic signals and guiderails at four sites  In 2011, Durham Region Transit reached the 50 million rider milestone and in 2012 will carry more than 10 million passengers. Conventional ridership has increased by 42% and specialized service trips by 44% since 2006 Council Meeting Minutes - 5 - January 30, 2012  Work on the Durham-York Energy Centre is underway. The general contractor for the design-build project will be on site in February and the Region has drilled four sentry wells to track ground water quality at the site as required in the environmental monitoring program  The “Durham Partners in Project Green” initiative which will help local business pursue opportunities in the green economy  Planning and design is underway for rebuilding Fairview Lodge in Whitby  Increase in social housing portfolio totalling 299 units either occupied or under construction  Celebration of Durham Art of Transition Creative Awards and development of the region’s creative economy and culinary tourism  Renewal of commitment to collaborate on economic development with area municipalities through the Durham Economic Development Partnership with the goal of speaking with one voice while promoting all of Durham Region  Receipt of the Recycling Council of Ontario Platinum Award for Waste Diversion  Unveiling of 50 roof-top solar panels on Durham Regional Local Housing building to improve energy efficiency  Maintenance of the Region’s Triple “A” credit rating  Increase in Social Services Department caseloads  60% of the Region’s 2800 transit stops are now accessible as a result of DRT’s hard surfacing program Chair Anderson also highlighted initiatives and challenges facing the Region in 2012 as follows:  Implementing a 10-year program of approximately $9.5 million per year from user rates to replace leaking polybutylene service connections  Plans to rehabilitate 2 km of Courtice Road north of Nash Road, subject to budget approval of $700,000 and investment of $460,000 in traffic control at ten locations in Clarington  Submission of EA studies for the first stage of the Highway 2 BRT Project and subject to EA approval, proceed with the detailed design and commencement of property acquisition and utility relocation for widening at six key intersections in Pickering and Ajax  High frequency bus service on Highway 2 from Oshawa to Toronto  Completion of the Westney Division bus maintenance and storage facility expansion  Investment into the SCADA System to monitor, control and collect data on water supply  Commencement of construction of the Port Darlington Water Pollution Control Plant and initiation of detailed design of the Courtice trunk sanitary sewer through the Clarington Energy Park  Initiate studies for additional capacity at the water pollution control plant and new water supply plant in Newcastle and undertake preparatory work for several projects to upgrade the water distribution system in Bowmanville Council Meeting Minutes - 6 - January 30, 2012  Expansion of waste diversion introducing curbside collection for bathroom porcelain and electronics  Preparation of design and tender documents for the new Clarington Police Complex  Implementation of the Province’s new integrated accessibility regulation and development of emergency procedures for staff with disabilities  Development of a sport tourism strategy to capitalize on Durham’s growing popularity as a sports tournament destination and planned new investment at Mosport raceway  Implementation of a three-year program, subject to budget approval, to focus on attracting foreign investment  Attracting food processing industries in keeping with the Region’s agri-food workplan  Efforts to strengthen the economy through diversity and preparing to receive and use skills of newcomers in Regional organizations Chair Anderson summarized by stating with senior governments in cost-cutting mode and the Drummond report about to emerge, municipalities are understandably anxious and may experience some turbulence in 2012. Members of Council questioned Chair Anderson. Councillor Neal stated a pecuniary interest with respect to the questioning of Chair Anderson regarding the launch of a legal challenge by DurhamClear, as his wife is a contributor to DurhamClear and left the meeting during questions to Chair Anderson regarding this matter. Councillor Neal returned to the meeting. Members of Council further questioned Chair Anderson. Mayor Foster presented a Congratulatory Certificate to Marg Zwart, in recognition of th the 75 Anniversary of the Orono Times on January 28, 2012. Mayor Foster announced that February is “Heart & Stroke” Month. He also witnessed a staged film explosion of a house in Clarington on Sunday and expressed appreciation to emergency services personnel who were on hand during the blast. Mayor Foster provided a listing of Council’s accomplishments during 2011 and provided a rundown of the following initiatives and achievements:  There has been tremendous growth in the municipality with a 61% increase in the value of construction over 2010  The amount of Council and staff time invested in the incinerator issue and the development of a newsletter to clarify matters  Completion of Mill Street in Newcastle  Working together with the Federal Government and the Town of Port Hope on rectifying the Port Granby issue Council Meeting Minutes - 7 - January 30, 2012  Darlington Refurbishment licensing process and commencement of construction of the training facility  Revisiting the Courtice Corridor Study  Initiating steps towards opening the Port Darlington Waterfront park to the public  Development of a Strategic Plan to help guide Council’s actions for the future which included public consultation and the business community  Made changes to Council’s Procedural By-law to assist the public in attending public meetings and providing the opportunity to have their voices heard  Listening to the concerns of residents regarding the location of the Newcastle Fire Station and dealing with the issue of noise from the Orono Gun Club with cooperation from all sides  Listening to the concerns of developers through “Round Table” discussions with business, Board of Trade and Clarington staff  He has initiated regular meetings with the School Board Trustees to ensure that the School Boards and the Municipality are communicating and working together  Development of an Ontario Nuclear Coalition to support nuclear new build and attract more business from the nuclear industry  Increased staffing levels for Fire Services  Creation and implementation of fortification and nuisance by-laws at the request of the Durham Regional Police Services  Working in cooperation with the Region in installing sewers along Highway 2, traffic lights at Regional Road 57 and Aspen Springs Drive, improvements to the Darlington Water Pollution Control plant, approval of a new Police Campus in west Bowmanville Mayor Foster summarized by stating this evening it is anticipated that Council will pass a budget with an increase at or below last year’s of 3.8%, avoiding the pitfalls of past Councils in bringing in big increases in the first year of the term. He believes that Council is laying the foundation for reasonable, predictable budgets, year after year, that Council is listening, working and getting things done. DELEGATIONS Steve Kay and Erin O’Toole, Valleys 2000 Fundraising Team, addressed Council concerning Correspondence Item I – 7 - “A River Runs Through Us” Fundraising Campaign in support of the Fish Ladder Project. Mr. O’Toole acknowledged the work of Al Strike and a number of others stating the campaign was intended to complement the work of Valleys 2000. Through use of a PowerPoint presentation, Mr. Kay and Mr. O’Toole provided an overview of the three aspects of the fundraising campaign including an on-line branding campaign through their website, Facebook page and Twitter, the Molson Community Cheer contest, a grant application program in which “A River Runs Through Us” applied for a $20,000 to $40,000 grant and has made the finals of the program, and the Gala Dinner Event on March 2, 2011, which will feature General (Ret’d) Rick Hillier, a profile leader and avid fisherman. Council Meeting Minutes - 8 - January 30, 2012 th Mr. Kay indicated that the Municipality of Clarington is 10 among 68 different projects for the contest and urged the public to spread the word to garner more votes. Mr. O’Toole urged members of the community to purchase tickets to the Gala, and outlined sponsorship details. He noted their goal is to sell over 200 tickets. Kevin Anyan came forward to provide an update on the fundraising thermometer. He noted they have secured close to $100,000 both in cash and in-kind donations. Resolution #C-024-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Council recess for 15 minutes. “CARRIED” The meeting reconvened at 8:51 p.m. COMMUNICATIONS Correspondence Item I - 7 was received as a Hand-out. Resolution #C-025-12 Moved by Councillor Woo, seconded by Councillor Traill THAT the communications to be received for information be approved. “CARRIED” I - 1 Minutes of the St. Marys Cement Community Relations Committee dated January 10, 2012 I - 2 Minutes of the Clarington Agricultural Advisory Committee dated January 12, 2012 I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated January 10, 2012 I - 4 Minutes of the Central Lake Ontario Conservation Authority dated January 17, 2012 Council Meeting Minutes - 9 - January 30, 2012 I - 5 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record:  Letter to the Ministry of the Environment dated December 13, 2011, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk regarding UPDATED Submission of the Regional Municipality of York Waste Diversion Program Monitoring Plan (Environmental Assessment Condition of Approval 10)  The Regional Municipality of York 2010 Waste Diversion Report (updated); and, advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm. I - 6 Rob Messervey, Chief Administrative Officer, Kawartha Conservation, forwarding their 2012 Preliminary Budget for Council review; indicating that the document outlines conservation programs and projects and associated funding requirements requested from their watershed municipalities; and, advising that the Board of Directors will vote on the 2012 Preliminary Budget and associated municipal levies on February 22, 2012. I - 7 Kevin Anyan, Valleys 2000 Fundraising Team, introducing “A River Runs Through Us”, a project in support of Valleys 2000, a non-profit, community-based volunteer organization dedicated to the rehabilitation and environmental enhancement of the Bowmanville Creek Valley and the Soper Creek Valley; advising of “A River Runs Through Us” Gala Dinner to be held on Friday March 2, 2012, at the Garnet B. Rickard Recreation Complex in support of the Valleys 2000 Fish Passage & Trail Extension featuring General (Ret’d) Rick Hillier speaking on “Leadership in Your Community”; indicating that the project has also been submitted to the Molson Coors Community Cheer program for consideration where Molson is donating $1 million to Canadian communities to support projects and initiatives across Canada that help promote a healthy, active lifestyle in local communities noting the project has successfully reached and surpassed the goal of getting to the next stage; and, advising the Fundraising Team looks forward to sharing their progress and hopes they can count on Council’s support. Council Meeting Minutes - 10 - January 30, 2012 CORRESPONDENCE FOR DIRECTION Correspondence Items D – 7 and D – 8 were received as Hand-outs. Resolution #C-026-12 Moved by Councillor Traill, seconded by Councillor Woo THAT Correspondence Items D - 1 to D - 8 be approved as per the Agenda, with the exception of Correspondence Item D - 5. “CARRIED” D - 1 Karen Bastas, Event Coordinator, Vice President, Newcastle BIA, requesting permission to hold the 2012 Canada Day Celebration from 1:00 p.m. to 10:00 p.m. on Sunday, July 1, 2012, at the Newcastle & District Recreational Complex with the following requirements:  Usage of the grounds, parking, and indoor facilities including the pool  Permission to set off fireworks at the rear of the property to the west  Grass to be cut as low as possible to avoid sparks from fireworks and easy access for the Port Fire Technicians  Grass to be cut directly west of the Recreation Complex for tethered hot air balloon rides; and,  Large stage, tent, picnic tables, traffic safety vests and traffic cones. (Correspondence referred to staff) D - 2 Mike Neumann, P.Eng., Project Manager, Ainley & Associates Limited, advising the firm has been retained by the Ministry of Transportation (MTO) to complete culvert repair on Highway 115/35 south of Orono – north of Concession Road 4 and Highway 115/35 – north of Highway 9 (Concession Road 7); requesting an exemption from the current noise by-law to permit construction of the culverts during off peak hours (11:00 p.m. to 5:00 a.m.); indicating that no detours are anticipated as part of this contract; and, that the anticipated start date for the project is July 2012 with the project concluding in mid-October 2012. Further information regarding the project can be obtained by contacting Mike Neumann, Ainley & Associates at Neumann@ainleygroup.com or Habib Modir, Ministry of Transportation at habib.modir@ontario.ca. (Exemption to the Municipality’s Noise By-law for the timeframe required to complete culvert repair on Highway 115/35 approved) Council Meeting Minutes - 11 - January 30, 2012 D - 3 Shannon Foote forwarding information from Jaime Neeb, Our Little Flock, Breeder of Rare Miniature Pets, with respect to the keeping of micro mini pet pigs; indicating that many towns and cities have revisited their by-laws and now allow mini pet pigs as house pets; and, questioning the provisions of Clarington’s by-law in regard to owning a micro mini pig in the Municipality. (Correspondence referred to the Municipal Clerk) D - 4 Jennifer Henderson strongly opposing the proposed condominium development (18T-87087 and 18T-89021) at the corner of Scugog Street and Longworth Avenue; indicating that the development will have a devastating effect on the ecosystem and habitat of hundreds of species; suggesting that more green space be preserved for the enjoyment of area residents and that the proposed development site remain intact; and, urging elected officials to ensure the health and well-being of Bowmanville families takes precedence in community planning decisions. (Correspondence referred to the Director of Planning Services) D - 6 Marika Hill, Grow Strategy Administrator, Girl Guides of Canada, Ontario Council, requesting that the week of February 19 to 26, 2012 be proclaimed “Guide-Scout” Week in recognition of Girl Guides of Canada’s valuable contribution to the well-being of the community. (Proclaimed) D - 7 John R. O’Toole, MPP, Durham, advising that Ontario’s Members of Provincial Parliament have been invited to nominate young women under the age of 18 for the annual Leading Girls Building Communities Award, an award to recognize girls who demonstrate exceptional leadership in working to improve the lives of others in their schools or communities; forwarding information and a nomination form for reference; and, requesting Council’s assistance in providing names of young women from Clarington who would be suitable candidates. Mr. O’Toole is requesting that names be submitted by February 7, 2012. (Correspondence referred to the Municipal Clerk to place on the Municipality’s website) Council Meeting Minutes - 12 - January 30, 2012 D - 8 Frank Filippo, Vice President, Development and Planning, Intracorp, owners of land at the northwest corner of Trulls Road and Bloor Street currently designated Future Urban Residential and Environmental Protection in the Clarington Official Plan; expressing concern that the methodology and assumptions applied to the Watershed Management Plan are not consistent with current policies and guidelines and result in development restrictions to the property and that implementation of the Watershed plan remains a concern as there is no existing policy which describes the basic approach; forwarding correspondence from their planning and environmental consultants summarizing specific concerns with the delineation of both the Functional Natural Heritage System and Targeted Natural Heritage System; and, trusting that if and when any process to amend the Official Plan status of their land is initiated, they will be duly notified and provided with the opportunity to preserve their development rights. (Correspondence referred to the Director of Planning Services) D - 5 Henry Elvins indicating that the Province has paved the way for the direct election of the Regional Chair in Durham and that in the last municipal election, Clarington voters strongly supported having this position elected directly by the voters of Durham Region; and, requesting that Council pass a resolution in support of a directly-elected Regional Chair. Resolution #C-027-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the Municipality of Clarington support, in principle, the direct election of the Regional Chair for the Regional Municipality of Durham. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Yes No Declaration of Absent Council Member Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 13 - January 30, 2012 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 23, 2012. Resolution #C-028-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 23, 2012 be approved, with the exception of Items #1(e), #3, #7, #9, and #11. “CARRIED” Item #1(e) Resolution #C-029-12 Moved by Councillor Traill, seconded by Councillor Woo THAT Report CSD-001-12 be received for information . “CARRIED” Item #3 Resolution #C-030-12 Moved by Councillor Traill, seconded by Councillor Neal THAT the Municipality of Clarington participate in The Local Look Back Project in a capacity similar to the Town of Ajax’s support as described on Page 4 of Report CLD-003-12 . “MOTION LOST” Resolution #C-031-12 Moved by Councillor Novak, seconded by Councillor Neal THAT Report CLD-003-12 be received; and THAT the request to participate in the Local Look Back Project be referred to the Clarington Museums and Archives Board with input from the Clarington Heritage Committee for their consideration. “CARRIED” Council Meeting Minutes - 14 - January 30, 2012 Item #7 Resolution #C-032-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Report CLD-002-12 be received; and THAT a copy of Report CLD-002-12 be forwarded to the Animal Alliance of Canada. “CARRIED” Item #9 Resolution #C-033-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Report COD-002-12 be received; THAT staff report back on spending limits for all Department Heads for all purchases of contracts not requiring purchasing authorization or a formal tendering process and how other municipalities deal with these matters ; THAT the report include information on how the budgeting process could clarify consulting dollars; and THAT all interested parties listed in Report COD-002-12 be advised of Council’s decision. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 15 - January 30, 2012 Resolution #C-034-12 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report COD-002-12 be received; and THAT all interested parties listed in Report COD-002-12 be advised of Council’s decision. “CARRIED” Item #11 Resolution #C-035-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the request to allocate funds within 2012 to provide a solution to the Clarington Beech Centre parking situation be received and referred to ROCG Consultants. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Mayor Foster √ Resolution #C-036-12 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS the 26 Beech Avenue property was purchased solely for the Older Adults of Clarington 14 years ago; AND WHEREAS they were assured that parking would be made available when necessary. With their current membership registrations and successful programming and events this time has arrived; Council Meeting Minutes - 16 - January 30, 2012 NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington allocate funds within 2012 to provide a solution to the Clarington Beech Centre parking situation. “CARRIED” Report #2 - General Purpose and Administration Committee Report January 27, 2012. Resolution #C-037-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 27, 2012 be approved, with the exception of Item #3. “CARRIED” Resolution #C-038-12 Moved by Councillor Hooper, seconded by Councillor Woo THAT Council recess until 10:00 p.m. “CARRIED” The meeting reconvened at 10:00 p.m. Item #3 Resolution #C-039-12 Moved by Councillor Novak, seconded by Councillor Hooper 1. THAT Report FND-001-12 be received; 2. THAT the 2012 Operating and Capital budgets as outlined in Schedule “A”, at an estimated tax levy impact of 4.31% (exclusive of tax policy impacts), as directed in Report FND-001-12 be approved, with the following amendments: a. Item #13, Approved Staffing Program, be amended to add 0.5% or $189,000 tax levy increase with the funds to be put aside in the appropriate reserve fund for future fire staffing needs to support the full Fire Master Plan being undertaken in 2012; b. Item #13, Approved Staffing Program, hiring of an I.T. Technician position in the Corporate Services Department; c. Item #13, Approved Staffing Program, conversion of a part time clerical position to a full time position in the Municipal Clerk’s Department; Council Meeting Minutes - 17 - January 30, 2012 d. Item #13, Approved Staffing Program, hiring of a Building Maintenance Supervisor position in the Operations Department; e. Item #13, Approved Staffing Program, hiring of a Training Officer position in the Emergency and Fire Services Department; f. Item #13, Approved Staffing Program, conversion of a part time Recreation Programmer to a full time position in the Community Services Department; g. Item #13, Approved Staffing Program, hiring of a part time clerical position and a Crossing Guard position in the Planning Services Department; h. Item #13, Approved Staffing Program, hiring of a Building Inspector position in the Engineering Services Department; i. Item #13, Approved Staffing Program, hiring of a Manager of Corporate Initiatives position in the CAO’s Office, in the amount of $50,000 in 2012; being 50% of the full salary, with the position fully funded in 2013. (Revised as per Resolution #C-059-12, February 13, 2012) j. Item #13, Approved Staffing Program, hiring of a Buyer position in the Corporate Services Department be denied; k. Item #13, Approved Staffing Program, hiring of an Accounting Clerk in the Finance Department be denied; and l. Item #13, Approved Staffing Program, hiring of a part time Clerical position in the Emergency and Fire Services Department be denied. 3. THAT the following items listed as optional items for consideration, as itemized in Schedule “B” of Report FND-001-12, be approved: a. Item #3, Courtice Road Bike Lane, in the amount of $60,000; b. Item #15, Channel 12 Tourism Advertising, in the amount of $9,000; c. Item #1, Tax Levy Contribution to Capital, in the amount of $400,000; d. Item #20, NCH-Newcastle Horticultural Society Park Improvement, in the amount of $10,000; e. Item #29, Banner Program, in the amount of $2,500; f. Item #12, Rural Road Tree Removal, in the amount of $21,000; g. Item #21, Volunteer Program, in the amount of $8,000; h. Item #5, Students (up to 4 in 2012), in the amount of $16,500; i. Item #8, GPS for Operations Fleet (phase-in), in the amount of $25,800; j. Item #16, Emergency Services Uniforms for Part-time over 15 years, in the amount of $18,000; k. Item #7, EAP Program, in the amount of $26,000; and l. Item #17, Mayor’s Office, in the amount of $10,000; 4. THAT the grants for external agencies be approved as per their requests itemized in Schedule “C” to Report FND-001-12, at an estimated tax levy impact of 0.23%; 5. THAT the request from the Clarington Museums and Archives for $15,200 from Reserve Funds/Trusts as detailed on page 159 of the draft budget binder, be approved; Council Meeting Minutes - 18 - January 30, 2012 6. THAT Schedules “D”, “E” and “F” of Report FND-001-12 outlining Reserve and Reserve Fund Contributions and new Reserves/Reserve Funds be approved; 7. THAT approximately $801,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; 8. THAT the financing of Capital projects, as outlined in the documents attached to Report FND-001-12 be approved; 9. THAT the external agencies, referred to in Schedule “C” be advised of Council’s decision regarding their grant request; 10. THAT the Mayor’s Golf Tournament be authorized to take place in 2012, at no cost to the tax base with the net proceeds from the Mayor’s Golf Tournament to be directed to the Clarington Older Adults Centre Board; 11. THAT any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Program, Impact/Escrow Reserve Fund and General Municipal Reserve Funds, to be repaid with interest as cash flow permits; 12. THAT the request for the filling in of ditches and provision of a storm system on Firner Street be received for information; 13. THAT the construction of an outdoor artificial ice surface at South Courtice Arena be tabled indefinitely; 14. THAT Report FND-001-12 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; and 15. THAT the appropriate By-laws to levy the 2012 tax requirements for Municipal Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. Council Meeting Minutes - 19 - January 30, 2012 Resolution #C-040-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Section 3. c., Tax Levy Contribution to Capital be amended from $400,000 to $100,000. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-041-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 2. be amended by adding Part m. as follows: “Mayor’s salary increase of $1,792 and the Councillors’ salary increase of $4,302 be denied.” “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 20 - January 30, 2012 Resolution #C-042-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 2. be amended by adding Part m. as follows: “Councillors’ Expense Budget of $11,670 and the Mayor’s Expense Budget of $40,000 be replaced with a reimbursement scheme whereby Members of Council submit receipts for reimbursement on a bi-weekly basis.” “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-043-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 2. be amended by adding Part m. as follows: “$50,000 be deleted from the Legal Fees Reserve Fund.” “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 21 - January 30, 2012 Resolution #C-044-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 2. be amended by adding Part m. as follows: “$25,000 increase to Community Services Department Capital Reserve be denied.” “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-045-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 2. be amended by adding Part m. as follows: “Various Minor Adjustments in the amount of $4,366; Reserves contribution increases in the amount of $10,000; Finance-Legal in the amount of $5,000; Health & Safety in the amount of $3,000; and Council in the amount of $2,000 be deleted.” “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Council Meeting Minutes - 22 - January 30, 2012 Resolution #C-046-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 2. be amended by deleting: c. - Approved Staffing program, conversion of a part time clerical position to a full time position in the Municipal Clerk’s Department; and f. - Approved Staffing program, conversion of a part time Recreation Programmer to a full time position in the Community Services Department. “MOTION LOST ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-047-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Section 6. be amended by deleting $5,000 from the Clerk’s Fleet Reserve referenced in Schedule D. “MOTION WITHDRAWN” Resolution #C-048-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Section 2. be amended by deleting: b. - Approved Staffing Program, hiring of an I.T. Technician position in the Corporate Services Department; Approved Staffing Program, hiring of a Manager of Corporate Initiatives i. - being position in the CAO’s Office, in the amount of $50,000 in 2012 ; 50% of the full salary, with the position fully funded in 2013. (Revised as per Resolution #C-059-12, February 13, 2012); and Council Meeting Minutes - 23 - January 30, 2012 By adding a Part m. as follows: Account #100-28-130-x-7160 – Fire Master Plan - $75,000 be deleted; and THAT Section 3. be amended by deleting: b. - Channel 12 Tourism Advertising in the amount of $9,000 f. - Rural Road Tree Removal, in the amount of $21,000 i. - GPS for Operations Fleet (phase-in), in the amount of $25,800 k. - EAP Program, in the amount of $26,000 l. - Mayor’s Office, in the amount of $10,000. “MOTION LOST ON RECORDED VOTES LATER IN THE MEETING” (See following motions) Resolution #C-049-12 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing Resolution #C-048-12 be divided to vote on deleting $75,000 from Account #100-28-130-x-7160 – Fire Master Plan separately. “CARRIED” The motion to delete $75,000 from Account #100-28-130-x-7160 – Fire Master Plan was then put to a vote and LOST ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ Resolution #C-050-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #C-048-12 be divided to vote on Section 2. b. and 2. i. separately. “CARRIED” Council Meeting Minutes - 24 - January 30, 2012 The motion to delete Section 2. b. Approved Staffing Program, hiring of an I.T. Technician position in the Corporate Services Department and Section 2. i - Approved Staffing Program, hiring of a Manager of Corporate Initiatives position in the CAO’s Office, in the amount of $50,000 in 2012 was then put to a vote and LOST ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-051-12 Moved by Councillor Traill, seconded by Councillor Hooper THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting continue for 15 minutes. “MOTION CARRIED BY RECORDED VOTE LATER IN THE MEETING” (See following motion) Resolution #C-052-12 Moved by Councillor Traill, seconded by Councillor Hooper THAT the question be now put. “CARRIED” The foregoing Resolution #C-051-12 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Novak √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ Council Meeting Minutes - 25 - January 30, 2012 The remainder of the foregoing Resolution #C-048-12 was then put to a vote and LOST ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Resolution #C-053-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Section 3. 13. be withdrawn from Report #2 of the General Purpose and Administration Committee Report of January 27, 2012. “CARRIED” The foregoing Resolution #C-039-12, 2012 Current and Capital Budget was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ STAFF REPORT(S) Confidential Verbal Report of the Solicitor – Application for Expropriation of Lands Necessary for the Reconstruction of a Portion of Elliott Road Council Meeting Minutes - 26 - January 30, 2012 Resolution #C-054-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing advice that is subject to solicitor-client privilege, including communications necessary for that purpose. “CARRIED” The meeting resumed in open session at 11:24 p.m. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. UNFINISHED BUSINESS Resolution #C-055-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the presentation of Roger Anderson, Chair, Regional Municipality of Durham, be received with thanks. “CARRIED” BY-LAWS Resolution #C-056-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2012-004, being a by-law to designate the property known for municipal purposes as 20 Horsey Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter O.18; and THAT the said by-law be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. Council Meeting Minutes - 27 - January 30, 2012 OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting during discussion and voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-057-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2012-005, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 30 day of January, 2012; and THAT the said by-law be approved. “CARRIED” Councillor Neal returned to the meeting. ADJOURNMENT Resolution #C-058-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the meeting adjourn at 11:26 p.m. “CARRIED” ________________________ _______________________ MAYOR MUNICIPAL CLERK