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Leading tiie Way
Council Meeting Minutes
FEBRUARY 11, 2013
Minutes of a regular meeting of Council held on February 11, 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 Chief Administrative Officer, F. Wu
Present: Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Corporate Initiatives Officer, C. Clifford
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Manager of Special Projects, F. Langmaid, attended until
7:36 p.m.
Communications Coordinator, J. Stycuk, attended until 8:02 p.m.
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
Councillor Novak indicated that she would be declaring a pecuniary interest with
respect to Correspondence Item I — 11.
ANNOUNCEMENTS
Councillor Hooper announced the following:
February 16 to 24, 2013 is Heritage Week. A listing of events is available at
www.heritage.clarington.net. Closing ceremonies will be held at the Visual Arts
Centre on February 24, 2013 at 2:00 p.m.
Winter WonderLearn on February 16, 2013, at the Newcastle & District
Recreation Complex from 10:00 a.m. to 2:00 p.m.
Council Meeting Minutes - 2 - February 11, 2013
Councillor Novak announced the following:
• A Public Information Centre will be held on Phase 3: Draft Bowmanville /Soper
Creek Watershed Plan, February 13, 2013, at the Baseline Community Centre
from 6:30 p.m. to 8:30 p.m., with a presentation at 7:00 p.m.
• Family Hike Night at Enniskillen Conservation Area on February 15, 2013, from
7:00 p.m. to 9:00 p.m.
• Information on CLOCA's 2013 Tree Planting on Private Lands Seedling
Program is available at www.cloca.com
• Energy- From -Waste — Waste Management Advisory Committee meeting on
February 13, 2013, 7:00 p.m. at Regional Headquarters
• On February 28, 2013 from 8:00 a.m. until 10:30 a.m. the Region of Durham is
hosting an information networking seminar for local manufacturers
Councillor Partner announced the following:
• Newcastle Heritage Family Activities on February 18, 2013 at the Newcastle
Community Hall Historical Room, 10:00 a.m. to 2:00 p.m.
• Orono Home Movie Night at the Orono United Church on February 21, 2013
Councillor Traill announced the following:
• The Grand Opening of RBC on February 16, 2013 at King Street and Liberty
Street
• Tyrone Community Centre Local Meet and Greet Pub Night on February 28,
2013 from 7:00 p.m. to 11:00 p.m.
Councillor Woo announced the following:
2013 is the Chinese Zodiac - Year of the Snake
• February 16, 2013 Durham Region Waste Management Centre Re -use Day.
Information is available at www.durham.ca /wasteevents
• He expressed appreciation to staff for their efforts regarding the major
snowstorm on Friday, February 8, 2013 and acknowledged the patience of
residents during the clean up
Mayor Foster announced the following:
• Ontario Power Generation Lunch on February 12, 2013 at the OPG
Information Centre from 11:30 a.m. to 1:30 a.m. with Guest Speaker
Chairman Roger Anderson
• Family Day on February 18, 2013
• Erin O'Toole, MP, Durham, will be hosting an Open House at his
constituency office on February 21, 2013
• He expressed appreciation to Operations Department staff for their efforts
during the major snowstorm on February 8, 2013
Council Meeting Minutes - 3 - February 11, 2013
• Clarington's United Way Campaign raised $21,380, a 38% increase over
the previous year making it the best ever United Way Campaign. Mayor
Foster extended appreciation to Fred Horvath and Members of the United
Way Committee
Resolution #C- 036 -13
Moved by Councillor Traill, seconded by Councillor Partner
THAT the minutes of a regular meeting of Council held January 28, 2013 be
approved.
"CARRIED"
PRESENTATIONS
Councillor Hooper read correspondence from Thomas H. B. Simmonds, Chair of the
Ontario Heritage Trust Foundation thanking Council for participating in the Heritage
Community Recognition Program and showing appreciation for the volunteers who
have assumed leadership roles in preserving Clarington's heritage. Mr. Simmonds
extended congratulations to Bill Paterson, Jennifer Knox and the Volunteers of the
Enfield United Church, Award recipients.
Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee, presented a
Certificate of Achievement to the Newcastle Village & District Historical Society, in
appreciation of their volunteer work in identifying, preserving, protecting and
promoting Clarington's rich heritage. Erla Jose and Shelley Jackson, Members of the
Historical Society accepted the award on behalf of the Society.
Angela Tibbles highlighted the activities and achievements of Jennifer Knox.
Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee, on behalf of
the Ontario Heritage Trust, presented a Certificate of Achievement and pin to
Jennifer Knox for her significant contribution to the built heritage category for
preservation in Clarington.
Angela Tibbles highlighted the activities and achievements of the Enfield United
Church Volunteers.
Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee, on behalf of
the Ontario Heritage Trust, presented Certificates of Achievement and pins to Anita
and Herman Broenink, John and Joan Cummins, Donna and Don Griffin, Andrea
Griffin on behalf of Ruby and Fred Griffin, and Roy and Helen Morton, Volunteers of
Enfield United Church, for their significant contribution to the cultural heritage category
for the preservation of heritage in Clarington. Marion Pearson was also recognized
but was not in attendance.
Angela Tibbles highlighted the activities and achievements of Bill Paterson.
Council Meeting Minutes - 4 - February 11, 2013
Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee, on behalf of
the Ontario Heritage Trust, presented a Certificate of Lifetime Achievement and pin to
Bill Paterson for his significant contribution to the preservation of heritage in
Clarington and in appreciation to his lifetime of volunteer work promoting the
Province's rich heritage.
DELEGATIONS
Michelle Speelman - Viney, Vice Chair, and Julia Fielding, Executive Director,
Clarington Museum & Archives addressed Council concerning Report #2 - 2013
Budget. Ms. Speelman -Viney introduced Julia Fielding, the new Executive Director of
the Museum and welcomed her to Clarington. Through use of a PowerPoint
presentation, Ms. Speelman -Viney reviewed the Museum's mission to preserve the
past while taking a proactive role in Clarington's future through the collection of
valuable artefacts and to serve the needs of the community through programs,
exhibits, events and activities. Ms. Speelman -Viney stated the Museum collaborates
with community partners to provide the best possible cultural experiences and
highlighted past events including Doors Open, Culture Days and the Orono Fair. She
noted the Museum is working with the Clarington Public Library on a significant project
to digitize their entire newspaper collection. Ms. Speelman -Viney indicated that 2012
was a challenging and exciting year for exhibits at Clarington Museums and that a
declining trend in visitors led to a reassessment of needs within the community noting
they have used this as an opportunity to re- evaluate programming. Ms. Speelman-
Viney acknowledged that grants remain the largest source of revenue, with the
Municipal grant comprising their largest contribution. She indicated they are
continuing to focus on diversifying their revenue through programs, public events and
donations. Ms. Speelman -Viney highlighted new initiatives and exhibits including the
branding of the museum with the acronym MAC for Museums and Archives of
Clarington. Ms. Speelman -Viney thanked Council for their past support and looks
forward to Council's continuing support as they embark on new initiatives in 2013.
Theresa Vanhaverbeke, Newcastle Community Improvement Program Liaison
Committee, addressed Council concerning Report #2 - 2013 Budget. Through use of
a PowerPoint presentation, Ms. Vanhaverbeke spoke in support of the Community
Improvement Plan Grant Program highlighting the benefits of the program, noting that
the grants motivate owners to improve their properties sooner rather than later,
increase the quality and design factor due to input from the Planning Department, and
stating the improvements are contagious and motivate other business owners to
improve their properties. Ms. Vanhaverbeke noted that every dollar spent by the
municipality is at least doubled by the business. She reviewed photos of various
businesses that have improved their signage and fagade design under the Program.
Council Meeting Minutes - 5 - February 11, 2013
COMMUNICATIONS
Correspondence Item I - 14 was received as a Hand -Out.
Resolution #C- 037 -13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the communications to be received for information, including Hand -Out
Correspondence Item I - 14 be approved, with the exception of Correspondence
Item I — 11.
"CARRIED"
1- 1 Minutes of the Clarington Heritage Committee dated January 15, 2013
1 - 2 Paul Shipway, Deputy Clerk, Township of Uxbridge, advising Council that
on January 14, 2013, the Township of Uxbridge adopted the following
resolution pertaining to Energy- From - Waste, Waste Management
Advisory Committee:
"THAT the Council of the Township of Uxbridge support the Municipality of
Clarington's resolution that additional air monitoring stations be
considered with respect to the Energy from Waste Facility;
AND THAT the Region of Durham be requested to report back to Council
on this matter."
1 - 3 Paul Shipway, Deputy Clerk, Township of Uxbridge, advising Council that
on January 14, 2013, the Township of Uxbridge adopted the following
resolution pertaining to Highway 407 East Extension:
"THAT the Council of the Township of Uxbridge support the Municipality of
Clarington's resolution that the Ministers and Ministries of the
Environment, Transportation and Agriculture, Food and Rural Affairs work
together to determine more appropriate construction management
practices that meets the commitments made in the EA and balances the
interests of agriculture with the construction scheduling and work to be
carried out for the 407 East link through Clarington to the 35/115."
Council Meeting Minutes - 6 - February 11, 2013
1 - 4 Linda Gasser forwarding a copy of her delegation of January 18, 2013 to
the Durham Nuclear Health Committee, with respect to Nuclear
Emergency Planning in Durham Region; suggesting that Durham's
Emergency Preparedness documents be consolidated in order to
minimize the number of plans each household would need to consult in
the event of an emergency, that the Nuclear Public Safety documents be
delivered to every household in Durham Region or at a minimum to those
within 20 kilometres of either the Pickering or Darlington plants, that the
documents be dated so residents are aware they are looking at a current
document, indicating that the public needs objective, independent, factual
information in an accessible format and timely fashion and that workshops
be held where the public could learn about emergency
plans /preparedness, requesting that Regional staff contact major
local /regional retailers encouraging them to stock good quality emergency
preparedness products on a regular basis; and, requesting to be added to
the mailing list to ensure she is updated on Durham's Emergency
Planning activities.
1 - 5 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing
to the Commissioner of Finance, Regional Municipality of Durham,
advising that on January 21, 2013, the Township of Brock adopted the
following resolution pertaining to the Ontario Municipal Partnership Fund
(OMPF) and requesting the Regional benefit be shared through the tax
levy amongst applicable municipalities:
"WHEREAS the Ontario Municipal Partnership Fund (OMPF) is the
Province's main transfer payment to municipalities and is a critical
provincial funding program;
AND WHEREAS the 2013 OMPF Transition -Year Stable Funding ensures
municipalities will receive at least 90% of the 2012 OMPF allocation;
AND WHEREAS the Township of Brock 2013 OMPF Transition -Year
Stable Funding allocation is 93.0% of the 2012 Township of Brock OMPF
allocation, which equates to a net reduction of $55,900 in funding
allocation;
AND WHEREAS the 2013 OMPF Transition -Year Stable Funding
allocation based on the Provincial Municipal Fiscal Circumstances Index
(MFCI) appears to penalize the Township for having its fiscal affairs in
order;
AND WHEREAS the Township of Brock does not directly financially
benefit from the Provincially provided combined benefit of the 2013 OMPF
Transition -Year Stable Funding and provincial uploads, which is proposed
to increase, more than three times, the level of funding provided under the
previous program in 2004;
Council Meeting Minutes - 7 - February 11, 2013
AND WHEREAS the Region of Durham 2013 OMPF Upload Notice
demonstrates a combined benefit of a net reduction of $5,611,400 from
the upload of the Ontario Drug Benefit Program, the Ontario Disability
Support Program, the phased upload of Ontario Works benefits and court
security and prisoner transportation costs, as well as additional support in
respect of municipal Ontario Works administration costs;
NOW THEREFORE BE IT RESOLVED:
THAT the Township of Brock strongly urge the Region of Durham to
recognize the challenging fiscal circumstances the Township of Brock will
face due to the reduction of the OMPF 2013 Transition -Year Stable
Funding allocation;
AND THAT the Region of Durham reflect the 2013 OMPF combined
benefit of $5,611,400 realized by the Region in the 2013 Regional tax
levy;
AND THAT a copy of this resolution be sent to the Region of Durham and
all Region of Durham Municipalities."
1 - 6 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing
to the Honourable James J. Bradley, Minister of the Environment, advising
that on January 21, 2013, the Township of Brock endorsed Clarington
Council's resolution of December 3, 2012, concerning the Highway 407
East extension with respect to balancing the interests of agriculture with
the construction scheduling and work to be carried for the 407 East link
through Clarington to the 35/115.
1 - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
that on January 23, 2013, Regional Council adopted the following
resolution pertaining to the quarterly report on planning activities October
1 to December 31, 2012:
,,a) THAT Report #2013 -P -7 of the Commissioner of Planning and
Economic Development be received for information; and
b) THAT a copy of Report #2013 -P -7 be forwarded to all Durham Area
Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information."
1 - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
the Honourable Bob Chiarelli, Minister of Infrastructure, advising that on
January 23, 2013, Regional Council adopted the following resolution
pertaining to the Growth Plan — Proposed Amendment 2, Population and
Employment Forecasts:
Council Meeting Minutes - 8 - February 11, 2013
,,a) THAT Regional Council endorse Report #2013 -P -2 of the
Commissioner of Planning and Economic Development as Durham
Region's response to the Environmental Bill of Rights Environmental
Registry posting (EBR Posting: 011 -7468) for the `Proposed
Amendment 2 (2012) to the Growth Plan for the Greater Golden
Horseshoe, 2006; and
b) THAT a copy of Report #2013 -P -2 be forwarded to the Ministry of
Infrastructure and the area municipalities."
1 - 9 John Witheridge, Chair, Clarington Museum and Archives Board,
announcing that Julia Fielding will be assuming the position of Executive
Director, Clarington Museum and Archives as of February 11, 2013.
1 - 10 Judy Malfara, Communications Officer— School Liaison, Kawartha Pine
Ridge District School Board issuing a reminder that Earth Hour is set for
Saturday, March 23, 2013 from 8:30 p.m. to 9:30 p.m. and encouraging
everyone to participate in the global event by turning off lights, televisions,
computers and other electronic equipment for the hour.
1 - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
the Honourable Bob Chiarelli, Minister of Transportation advising that on
January 23, 2013, Regional Council adopted the following resolution
pertaining to the Ontario Ministry of Transportation's Draft Cycling
Strategy:
,,a) THAT a copy of Report #2013 -P -3 of the Commissioner of Planning
and Economic Development be forwarded to MTO as the Region's
submission on the Ontario Ministry of Transportation's Draft Cycling
Strategy, recommending:
i) THAT the Ministry of Transportation (MTO) consider the role of
Highways 7 and 12 in providing inter - regional cycling connections
and related funding, through the planning and development of the
province -wide cycling network;
ii) THAT MTO place a priority in implementing cycling facilities at
crossings of Highway 401, Highway 407 and interconnecting links,
identified in the Regional Cycling Plan;
iii) THAT the Province take a leadership role in targeting programs for
youth, by introducing elementary school curriculum addressing
safe cycling, and by supporting cycling instruction and training at
elementary schools as part of their physical activity and health
programs;
Council Meeting Minutes - 9 - February 11, 2013
iv) THAT MTO include local public health agencies in campaigns to
raise public awareness;
v) THAT MTO move forward with consultation on legislative
amendments to the Highway Traffic Act aimed at:
a) making helmet use mandatory for all riders regardless of age;
b) permitting cycling on paved shoulders
c) making it mandatory for vehicles to provide a one metre passing
rule when passing cyclist;
vi) THAT MTO be encouraged to review other legislation influencing
cycling, including the Planning and Municipal Acts, to assist
municipalities in planning and providing infrastructure that supports
young cyclists in learning cycling skills within a safe environment
vii) THAT a cycling forum be created to assist in the coordination and
monitoring of the cycling strategy within the Greater Toronto and
Hamilton Area (GTHA), which should include representatives from
MTO, Metrolinx, GTHA municipalities and other cycling
stakeholders;
viii)THAT MTO adopt a similar data sharing and funding partnership
for the collection of cycling data as it has for its participation in the
Transportation Tomorrow Survey, the GTA Cordon Count Program
and the GTA Travel Time Survey Study;
ix) THAT a portion of the provincial gas tax be allowed to fund active
transportation infrastructure projects that help integrate transit with
active transportation; and
x) THAT the Development Charges Act be amended to allow
municipalities to use development charges to fund cycling
infrastructure on a go forward basis without being tied to a ten year
average level of service provided they have a Council approved
cycling plan and provided that the Development Charge funding
not exceed budgeted tax levy funding for cycling infrastructure;
b) THAT a copy of Report #2013 -P -3 be forwarded to each of the area
municipalities in the Region and a1PHa."
1 - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding
for information, a copy of Report #2013 -P -5 of the Commissioner of
Planning and Economic Development with respect to the Region of
Durham Business Count (Employment Survey).
Council Meeting Minutes _10- February 11, 2013
1 - 14 Thomas H. B. Symons, Chairman, Ontario Heritage Trust, thanking
Council for participating in the Heritage Community Recognition Program
and extending congratulations to Bill Paterson for his Lifetime
Achievement nomination, Jennifer Knox for her nomination in built
heritage and the Volunteers of Enfield United Church for their nomination
in the group category for cultural heritage work.
Councillor Novak stated a pecuniary interest with respect to Correspondence
Item I - 11 as she is a Member of the Veridian Connections Board of Directors, and
left the Council Chambers during discussion and voting on this matter.
I - 11 Martin de Rond, Director of Legislative & Information Services/Town
Clerk, Town of Ajax, advising that on January 28, 2013, the Town of Ajax
adopted a resolution to endorse Clarington Council's concerns regarding
the appointments to the Veridian and Veridian Connections Board.
Resolution #C- 038 -13
Moved by Councillor Neal, seconded by Councillor Traill
THAT Correspondence Item I — 11 from Martin de Rond, Director of Legislative &
Information Services/Town Clerk, Town of Ajax, with respect to appointments to the
Veridian and Veridian Connections Board, be received for information.
"CARRIED"
Councillor Novak returned to the meeting.
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 7 was received as a Hand -Out.
Resolution #C- 039 -13
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Items D - 1 to D- 4 and Hand -out Correspondence Item D - 7,
be approved as per the Agenda.
"CARRIED"
D - 1 Kevin Conway, KJ Conway Communications Inc., writing on behalf of
Autism Ontario, requesting that the Autism Ontario Flag be flown on
April 2, 2013.
(Flying of the Autism Ontario Flag on April 2,
2013 approved)
Council Meeting Minutes - 11 - February 11, 2013
D - 2 Brian Crow, Producer, Republic Live Inc., requesting approval to hold a
fireworks display during the Boots and Hearts Music Festival to be held in
August, 2013.
(Approved, provided the organizers comply
with the requirements of the Fire and
Emergency Services Department and that
the fireworks are set off by an individual of at
least 21 years of age)
D - 3 James and Nancy McGarvie, requesting permission to hold the 5k and
10K Easter Dash, sponsored by the Running Room and Platinum Family
Fitness, on March 30, 2013, in Courtice; indicating the permit request
including the proposed route and insurance certificate have been
completed and submitted to the Engineering Services Department; and,
advising that proceeds from the event will benefit the Ride to Conquer
Cancer supporting the Princess Margaret Hospital Cancer Research and
Treatment Centre.
(Approved, provided the organizers apply for
and obtain a Road Occupancy Permit from
the Engineering Services Department)
D - 4 Jayme Harper, PFLAG Canada Durham Region, requesting that
May 17, 2013, be proclaimed "International Day Against
Homophobia /Transphobia" to send a message of tolerance, openness
and hope and to combat homophobia and discrimination based on sexual
orientation and gender expression or identities; and, requesting
permission to fly the Rainbow Flag on one of the Municipality's flagpoles.
(Proclaimed and flying of the Rainbow Flag
approved)
D - 7 Councillor Neal requesting that Council for the 2013 budget (i) reconsider
Resolution #C- 070 -12, which approved recommendations contained in
Report COD - 003 -12, as it pertains to non - affiliated employees earning in
excess of $100,000; and (ii) that the increase for employees referred to in
(i) above be 1.5% for the 2013 budget.
(Correspondence referred to the
consideration of Report #2)
Council Meeting Minutes -12- February 11, 2013
D - 5 Brian Crow, Producer, Republic Live Inc., providing the performance
schedule for the 2013 Boots and Hearts Country Music Festival to be held
at the Canadian Tire Motorsport Park on August 2 to 4, 2013; requesting
a temporary variance to By -law 97 -126 to allow for a 60 dBA maximum
level of audible sound between Friday, August 2 to Sunday, August 4,
2013, during the hours of midnight and 2:00 a.m. when the secondary
stage will be in operation; advising that the highest level of sound
measured at the 2012 event was 56.4 dBA on the Saturday night of the
event; indicating that the organizers of the Boots and Hearts Country
Music Festival have implemented a pre - festival neighbour notification plan
which will keep those nearby up to date on traffic patterns and times of
operation; and, indicating that they look forward to working with the
Municipality and the Region to ensure a positive and profitable event for
all parties.
Resolution #C- 040 -13
Moved by Councillor Novak, seconded by Councillor Traill
THAT the request from Brian Crow, Producer, Republic Live Inc., to allow for a
60 dBA maximum level of audible sound between Friday, August 2 to Sunday,
August 4, 2013, during the hours of midnight and 2:00 a.m. for the 2013 Boots and
Hearts Country Music Festival to be held at the Canadian Tire Motorsport Park, be
approved.
"CARRIED"
D - 6 Elysia Petrone, on behalf of the Hamilton 350 Committee, expressing
concern with the increased risks affecting municipalities without
compensation or consideration for the environment, water quality and
prosperity with respect to the application by Enbridge Inc. to the National
Energy Board to reverse the flow of their pipeline from Sarnia to Montreal
(Line 9) to allow the pumping of Tar Sands bitumen to the United States
and other foreign markets; and, urging Council to request a full
Environmental Assessment from both the Federal and Provincial
governments, seek intervener status in the NEB hearings on the Line 9
reversal project, seek increased taxation measures on pipeline properties
and right -of -ways in the municipality to create a fund for emergency
response equipment and training in the event of a spill, and to demand
independent integrity testing and public release of the results in order to
protect watersheds and the climate and to mitigate the risk of a bitumen
spill.
Council Meeting Minutes -13- February 11, 2013
Resolution #C- 041 -13
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item D - 6 from Elysia Petrone, on behalf of the Hamilton
350 Committee, with respect to the Line 9 — Enbridge Inc. pipeline, be received for
information.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report February 4, 2013
Resolution #C- 042 -13
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of February 4, 2013
be approved.
"CARRIED"
Report #2 - General Purpose and Administration Committee Report February 8, 2013
Resolution #C- 043 -13
Moved by Councillor Partner, seconded by Councillor Traill
1. THAT Report FND- 001 -13 be received;
2. THAT the 2013 Operating and Capital budgets as outlined in Schedule "A"
be approved, at an estimated tax levy impact of 3.64% (exclusive of tax
policy impacts), as directed in Report FND- 001 -13 be approved with the
following amendments:
a. Item #36, Actuarial Review of post Employment Liability, in the
amount of $15,000 be funded from the Rate Stabilization Fund;
b. Item #40, Fire Training Manuals, in the amount of $14,000 be funded
from the Rate Stabilization Fund;
C. Item #45, MAC Roof Drain, in the amount of $30,000 be funded from
the Rate Stabilization Fund;
d. Item #50, GPS Phase -In — Final Year, in the amount of $6,100, be
funded from the Rate Stabilization Fund;
Council Meeting Minutes -14- February 11, 2013
e. Item #57, Grant Program, in the amount of $14,900, be deleted;
f. Item #58, Various Other Changes, be funded from the Rate
Stabilization Fund;
g. Item #27, CAO - Budget Adjustment for Additional Staff Related
Costs, be reduced from $15,900 to $5,000;
h. Item #32, By -law Staff Development, be reduced from $8,500 to
$4,000.
3. THAT the following items listed as optional items for consideration, as
itemized in Schedule "B" of Report FND- 001 -13, be approved:
a. Item #2, the Proposed New Staffing (net of Engineering savings) be
amended to add 0.25% or $100,750 to the tax levy, with the funds to
be put aside in the appropriate reserve fund for future fire staffing
needs to support the outcome of the Fire Master Plan currently
underway;
b. Item #2, the Proposed New Staffing (net of Engineering savings), for
the following positions: Financial Analyst, Fleet Technician and two
Crossing Guards;
C. Item #2, the Proposed New Staffing (net of Engineering savings), for
an Animal Services Manager, be held in abeyance, with funds
approved, pending a report from the CAO regarding supervision
options;
d. Item #2, the Proposed New Staffing (net of Engineering savings), for
an Engineer — funded through cost savings;
e. Item #2, the Proposed New Staffing (net of Engineering savings), for
an Emergency Services Clerical part -time position;
f. Item #3, Three Summer Students, one of whom shall be an
Operations Department Gardener, in the amount of $25,500;
g. Item #10, Tree Inventory, in the amount of $10,000;
h. Item #11, Playing Field Maintenance, in the amount of $15,000;
Item #13, Tree Trimming and Brushing, in the amount of $9,000;
Item #4, Staff Recognition, in the amount of $5,000;
k. Item #5, Comm /Tourism Branding Items, in the amount of $5,000;
Council Meeting Minutes -15- February 11, 2013
I. Item #7, Clerks — Office Renovations, etc., in the amount of $10,000;
M. Item #9, Fire — Chemical Foam, in the amount of $5,000;
n. Item #19, Holiday Train Safety, in the amount of $1,500;
o. Item #15, Sidewalk - Herbicide, in the amount of $7,000;
p. Item #17, CIP, in the amount of $7,000;
q. Item #16, BIA Garbage Bins - Phase -In, in the amount of $10,000;
r. Item #27, Heritage Grant Incentive, in the amount of $5,000.
S. Item #1, Tax Levy Contribution to Capital, as follows:
A. $213,470 be funded from the Tax Levy Contribution to Capital;
B. $50,000 be funded from the Impact Escrow Reserve Fund;
C. $46,000 be funded from the Rate Stabilization Fund; and
D. $42,000 be funded from the Rate Stabilization Fund;
$100,000 for additional high -float resurfacing from the Rate
Stabilization Fund.
4. THAT the grants for external agencies be approved as follows, at an
estimated tax levy impact of 0.29 %:
a. The Community Care budget request, in the amount of $28,110;
b. The Clarington Older Adult Association budget request, in the amount
of $204,000;
C. The Clarington Public Library budget request, in the amount of
$2,759,491;
d. The Courtice Branch Study budget request, to be funded from the
Rate Stabilization Fund, in the amount of $5,000;
e. The Clarington Museums budget request, in the amount of $258,702;
f. The Visual Arts Centre budget request, in the amount of $192,901;
g. The Newcastle Community Hall budget request, in the amount of
$18,000;
h. The Orono Cemetery Board budget request, in the amount of
$10,000;
Council Meeting Minutes -16- February 11, 2013
i. The Firehouse Youth budget request, in the amount of $55,000.
5. THAT Schedules "D ", "E" and "F" of Report FND- 001 -13 outlining Reserve
and Reserve Fund Contributions and new Reserves /Reserve Funds be
approved;
6. THAT approximately $801,000 be drawn from the Rate Stabilization Reserve
Fund to offset the tax rate impact;
7. THAT the financing of Capital projects, as outlined in the documents
attached to Report FND- 001 -13 be approved with the following
amendments:
a. The capital project, detailed on Page 323 of the Capital Budget, the
George Reynolds Drive Connecting Link, be approved, but the project
not proceed until a further report is presented to Council;
b. The capital project, detailed on Page 254 of the Capital Budget, the
installation of security cameras for Station 3 and Station 5 be
approved, but the project be held in abeyance pending the outcome of
the current arbitration case, that Staff report back to Council following
the conclusion of the arbitration case; and
C. The capital project item, detailed on Page 259 of the Capital Budget,
Replace Car 2 (2007 Chevrolet Impala) in the Emergency & Fire
Services Department Capital Budget, be removed from the 2013
budget.
8. THAT the external agencies, referred to in Schedule "C" of Report FND -001-
13 be advised of Council's decision regarding their grant request;
9. THAT the Mayor's Golf Tournament take place in 2013, at no cost to the tax
base with the net proceeds from the Mayor's Golf Tournament to be directed
to the John Howard Society Firehouse Youth;
10. 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;
11. THAT the Orono Library Parking Lot be paved based on Option #1 of report
OPD- 010 -12 at an estimated cost of $29,900 to be financed from the
Municipal Acquisition of Property Reserve;
Council Meeting Minutes -17- February 11, 2013
12. THAT the communication from the Clarington Tourism Marketing Board
dated December 4, 2012 be received and that they be advised that a
summer student for Tourism is being proposed for the 2015 budget year;
13. THAT Report FND- 001 -13 be adopted by resolution in accordance with
provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; and
14. THAT the appropriate By -laws to levy the 2013 tax requirements for
Municipal, Regional and Education purposes be forwarded to Council for
approval, once final tax policy information is available.
"CARRIED AS AMENDED ON A
RECORDED VOTE LATER IN THE
MEETING"
(See following motions)
Resolution #C- 044 -13
Moved by Councillor Novak, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 Part 2 be amended as follows:
"THAT Schedule A item #31 Animal Services Building renovations of $5,900 be
financed from the Animal Services Capital Reserve Fund;
THAT Schedule A item #41 Fire Communications - Radio Equipment
Changeover of $46,000 be financed from the General Municipal Reserve Fund;
THAT Schedule A item #55 Defibrillators be reduced by $5,000;
THAT Schedule B Item #7 Clerk's Office renovations of $10,000 be funded
from the General Municipal Reserve Fund; and
THAT Schedule B Item #9 Fire Chemical Foam of $5,000 be deleted."
"CARRIED"
Council Meeting Minutes -18- February 11, 2013
Resolution #C- 045 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 be amended by deleting Part 2 g. -
Item #27, CAO - Budget Adjustment for Additional Staff Related Costs in the amount
of $5,000."
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Resolution #C- 046 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 be amended by deleting Part 2 h. —
Item #32, By -law Staff Development in the amount of $4,000."
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Council Meeting Minutes _19- February 11, 2013
Resolution #C- 047 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 Part 3 a. be amended by replacing it with
the following wording:
"THAT two firefighters be hired in the fourth fiscal quarter at an estimated cost
of approximately $55,000."
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Resolution #C- 048 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 Part 3 b. be amended by replacing it with
the following wording:
"THAT Item #2, the Proposed New Staffing (net of Engineering savings), for the
following positions be approved to be hired in 2013 at an estimated cost of
$97,500
• Financial Analyst to be hired July 1, 2013
• Fleet Technician to be hired July 1, 2013
• Two Crossing Guards to be hired September 1, 2013'."
MOTION LOST ON A RECORDED VOTE
LATER IN THE MEETING
(See following motion)
Council Meeting Minutes -20- February 11, 2013
Resolution #C- 049 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
the matter more than once.
"MOTION LOST"
The foregoing Resolution #C- 048 -13 was then put to a vote and LOST ON THE
FOLLOWING RECORDED VOTE:
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Resolution #C- 050 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 be amended by deleting Part 3 e. - Item #2
Proposed New Staffing (net of Engineering Savings), for an Emergency Services
Clerical part -time position.
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Council Meeting Minutes -21 - February 11, 2013
Resolution #C- 051 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C -43 -13 be amended by deleting Part 3 f. - Item #3,
Three Summer Students, one of whom shall be an Operations Department Gardener,
in the amount of $25,000."
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Resolution #C- 052 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 be amended by deleting Part 3 j. - Item 4,
Staff Recognition, in the amount of $5,000.
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Council Meeting Minutes -22- February 11, 2013
Resolution #C- 053 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 be amended by deleting Part 3 k. - Item #5,
Comm /Tourism Branding Items, in the amount of $5,000.
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Resolution #C- 054 -13
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C- 043 -13 be amended by deleting Part 3 o. —
Item #15, Sidewalk — Herbicide in the amount of $7,000.
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE`
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Council Meeting Minutes -23- February 11, 2013
Resolution #C- 055 -13
Moved by Councillor Neal, seconded by Councillor Traill
THAT the Rules of Procedure be suspended to allow for the introduction of a
reconsideration motion at this time.
"MOTION LOST"
Councillor Neal challenged the ruling of the Chair on the requirement for a motion to
suspend the Rules of Procedure for a reconsideration motion to be introduced.
Mayor Foster advised that the suspension of the Rules of Procedure is required as
Council's Procedural By -law states that a Procedural Notice of Motion must be
introduced at tonight's meeting to be placed on the next Council Agenda for
discussion.
The question "Will the ruling of the Chair be sustained ?" was put to a vote and LOST
ON THE FOLLOWING RECORDED VOTE:
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Mayor Foster
✓
Council Meeting Minutes -24- February 11, 2013
Resolution #C- 056 -13
Moved by Councillor Neal, seconded by Councillor Traill
THAT that portion of Resolution #C- 070 -12, which approved recommendations
contained in Report COD - 003 -12, pertaining to non - affiliated employees earning in
excess of $100,000 be reconsidered.
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE ":
(2/3 majority vote required)
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
Resolution #C- 057 -13
Moved by Councillor Neal, seconded by Councillor Novak
THAT the foregoing Resolution #C- 043 -13 be amended as follows:
"THAT Part 3 u. - Item #14, Ditch Maintenance (this year Trulls Rd 50%
funding) in the amount of $92,000 be included;
THAT Part 3 s. D. (Tax Levy Contribution to Capital) in the amount of $42,000
from the Rate Stabilization Fund be reallocated for this project; and
THAT $50,000 be funded from the Rate Stabilization Fund."
"MOTION LOST ON A RECORDED VOTE
LATER IN THE MEETING"
(See following motion)
Resolution #C- 058 -13
Moved by Councillor Neal, seconded by Councillor Partner
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
the matter more than once.
"CARRIED"
Council Meeting Minutes -25- February 11, 2013
Resolution #C- 057 -13 was then put to a vote and LOST ON THE FOLLOWING
RECORDED VOTE:
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
✓
Councillor Traill
✓
✓
Councillor Woo
✓
✓
Councillor Hooper
✓
✓
Mayor Foster
✓
✓
Resolution #C- 058 -13
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Council recess for ten minutes.
"CARRIED"
The meeting reconvened at 9:29 p.m.
The foregoing Resolution #C- 043 -13 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 Novak
✓
Councillor Partner
✓
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Mayor Foster
✓
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
Council Meeting Minutes -26- February 11, 2013
BY -LAWS
Resolution #C- 059 -13
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By -laws 2013 -011 to 2013 -018;
2013 -011 Being a by -law to appoint individuals as Parking Enforcement Officers for
Private Property (Andrew O'Donohue, Ruban Sabapathy, Josh Williamson,
Dan Farnell) (47 Liberty Street South, Bowmanville)
2013 -012 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law
for the Corporation of the Municipality of Clarington (West Diamond
Properties Inc. and Players Business Park Ltd.)
2013 -013 Being a by -law to amend By -law 2009 -0123, the Sign By -law for the
Corporation of the Municipality of Clarington
2013 -014 Being a by -law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of Clarington,
and to name them
2013 -015 Being a by -law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, and to assume certain streets within
the Municipality of Clarington as public highways in the Municipality of
Clarington
2013 -016 Being a by -law to assume a certain street within the Municipality of Clarington
as public highway in the Municipality of Clarington
2013 -017 Being a by -law to amend By -law 2001 -098, a by -law to regulate the
discharge of guns or other firearms, air -guns, spring guns, cross bows, long-
bows in the Municipality of Clarington
2013 -018 Being a by -law to appoint a Municipal Law Enforcement Officer (Stephen
Cuomo); and
THAT the said by -laws be approved.
"CARRIED"
Council Meeting Minutes -27- February 11, 2013
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Members of Council provided comments on the 2013 budget which was approved with
a 3.75% increase to the tax levy.
Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By -law.
CONFIRMING BY -LAW
Resolution #C- 060 -13
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By -law 2013 -019, being a by -law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 11t" day of February, 2013; and
THAT the said by -law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C- 061 -13
Moved by Councillor Partner, seconded by Councillor Woo
THAT the meeting adjourn at 9:45 p.m.