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HomeMy WebLinkAbout05-11-2015 Council Meeting Minutes May 11, 2015 If this information is required in an alternate accessible format, please contact the Municipal Clerk’s Department at 905-623-3379. Minutes of a regular meeting of Council held on May 11, 2015, at 7:00 PM, in the Council Chambers. Councillor Cooke led the meeting in a moment of reflection. Roll Call Present Were: Mayor A. Foster Councillor S. Cooke Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn Municipal Solicitor, A. Allison Director of Engineering Services, A. Cannella Corporate Initiatives Officer, C. Clifford Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Corporate Communications Officer, B. Radomski Community Development Programmer, J. Stycuk, attended until 7:30 PM Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Clerk, A. Greentree Administrative Assistant to the Municipal Clerk, C. Fleming Disclosures of Pecuniary Interest Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item 4 of Report #1. Announcements Councillor Traill announced the following two events:  Pirelli World Class Challenge, Canadian Tire Motorsport Park, Victoria Day Speedfest Weekend, May 15, 16, 17, 2015  Bethesda House “Annual Spring Fling Dinner and Auction”, May 14, 2015, Beech Centre Council Meeting Minutes - 2 - May 11, 2015 Councillor Woo announced the following four items:  th 10 Anniversary of the 177 Air Cadet Squadron Review, May 19, 2015, Orono Arena  Public Information Centre for the GO Transit re-route options for the Village of Newcastle, May 19, 2015, 5:00 PM to 8:00 PM, Newcastle Public Library  Visual Arts Centre Annual General Meeting, May 13, 2015, 6:30 PM  National Public Works Week Open House, May 23, 2015, 10:00 AM to 3:00 PM, Oshawa/Whitby Depot, 1825 Conlin Road and Corbett Creek Water Pollution Plant Councillor Cooke announced that the Garden and Teddy Bear Picnic will be held at the Bowmanville Museum on May 16, 2015, from 10:00 AM to 4:00 PM. Councillor Hooper announced the following five items:  Clarington Older Adult Association Variety Night Fundraiser, May 20, 2015  Big Brothers Big Sisters “Spring Food and Wine Festival”, June 6, 2015, 12:00 noon to 5:00 PM, Newcastle Community Hall  th Lions Club of Bowmanville, 19 Annual Rubber Duck Derby, June 13, 2015, 9:30 AM, Bowmanville Creek Valley  Summerfest, featuring Historic Downtown Bowmanville’s Sidewalk Sale, June 11 to 13, 2015  Councillor Hooper extended appreciation to the Rehoboth Christian Reformed Church, Firehouse Youth Group, Volunteers, Durham Regional Police Service and Clarington Emergency and Fire Services for the success of clean-up day last weekend. Councillor Neal announced a 600-name petition requesting the Province to fund the GO Train to Courtice and Bowmanville by 2018 was presented to the Legislature by Granville Anderson, MPP, Durham on May 7, 2015. He advised that signatures are still being collected and that the petition will be available for signing at the Rotary Ribfest. Councillor Partner announced the following ten items:  Ontario Trillium Foundation General Information Session on New Investment Strategies, May 27, 2015, 6:00 PM to 9:00 PM, Council Chambers  Official launch of the Mobile Accessible Stage, June 5, 2015, Garnet B. Rickard Recreation Complex, prior to the Pan Am Torch Run  She expressed appreciation to the volunteers who participated in the annual compost day as part of Pitch-In Week  Newcastle Chamber of Commerce “Annual Home and Lifestyle Show”, May 24, 2015, 10:00 AM to 4:00 PM  She expressed appreciation to Larry Dickey and the Orono Horticultural Society for the beautification project in Orono  Kate’s Place, in front of the Sears location in Newcastle, will be offering breakfast, lunch and dinner  Newcastle Public School Fun Fair, June 4, 2015, 5:00 PM to 8:00 PM Council Meeting Minutes - 3 - May 11, 2015  th 15 Annual “Greek Night”, June 6, 2015, Newcastle Community Hall, 6:00 PM  Kirby United Church Book and Craft Sale, every Saturday from 10:00 AM to 3:00 PM  th 5Annual “In the Face of an Angel” Golf for Ovarian Cancer Tournament, in memory of her mother Bernice, May 31, 2015. To date, $39,150 has been raised in support of ovarian cancer research. Minutes Resolution #C-156-15 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council April 27, 2015, be approved. Carried Presentations Mayor Foster advised that Susan Laing was unable to attend tonight’s meeting. Mayor Foster presented cheques in the amount of $14,995.91 each to John Blackburn and Gary Blake, A Gift of Art, and James Campbell and Craig Ryan, Visual Arts Centre of Clarington, representing the proceeds of the Mayor’s Gala – “For the Love of Art”. Mayor Foster was presented with a hand-crafted bowl created by Lela Filipovski, at the Mayor’s Gala. Mayor Foster presented a Congratulatory Certificate to Sheila Crook in recognition of her nomination as a Global Community Champion for Women’s Economic Empowerment. Delegations Eric Bowman, Vice-Chair, Agricultural Advisory Committee of Clarington, addressed Council concerning Item 3 of Report #1 and Correspondence Item D – 6 - Report PSD-026-15 - Co-ordinated Provincial Review of the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Part 1 - Comments on Growing the Greenbelt for the Agricultural System. Mr. Bowman referred to correspondence from Brenda Metcalf, suggesting that farmland between Bowmanville and Newcastle be included in the Greenbelt. He stated that Clarington has some of the best farmland in Ontario noting that three out of four years, Clarington farmers have won awards for corn and soybean production. Mr. Bowman indicated that he was available to respond to questions. Council Meeting Minutes - 4 - May 11, 2015 Communications I - 1 Minutes of the Newcastle Village Community Hall Board dated February 17 and March 17, 2015. I - 2 Minutes of the Agricultural Advisory Committee of Clarington dated April 9, 2015. I - 3 Minutes of the Ganaraska Region Conservation Authority dated April 16, 2015. I - 4 Minutes of the Central Lake Ontario Conservation Authority dated April 21, 2015. I - 5 Minutes of the Clarington Heritage Committee dated April 21, 2015. I - 6 Minutes of the Newcastle Memorial Arena Management Board dated February 10, 2015. I - 7 Pierre Yelle, Assistant Deputy Fire Marshal, Field and Advisory Services, Ministry of Community Safety and Correctional Services, Office of the Fire Marshal and Emergency Management, advising of legislative requirements pertaining to vulnerable occupancies and confirming that the Municipality has achieved annual compliance with the new regulations and Fire Marshal directives intended to improve fire safety in vulnerable occupancies. I - 8 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham advising Council that on April 22, 2015, Regional Council adopted the following resolution pertaining to the Durham Agricultural Advisory Committee (DAAC) Terms of Reference, 2014 Annual Report and 2015 Workplan: “a) That Report #2015-P-22 of the Commissioner of Planning and Economic Development be received as the Durham Agricultural Advisory Committee’s 2014 Annual Report; b) That the Durham Agricultural Advisory Committee 2015 Workplan be approved, as outlined in Attachment 1 to Report #2015-P-22 of the Commissioner of Planning and Economic Development; and c) That a copy of Report #2015-P-22 of the Commissioner of Planning and Economic Development be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, the Golden Horseshoe Food and Farming Alliance and the area municipalities.” Council Meeting Minutes - 5 - May 11, 2015 I - 9 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham advising Council that on April 22, 2015, Regional Council adopted the following resolution pertaining to the Durham Environmental Advisory Committee (DEAC) 2014 Annual Report and 2015 Workplan: “a) That Report #2015-P-23 of the Commissioner of Planning and Economic Development be received as the Durham Environmental Advisory Committee’s Annual Report on its activities in 2014; b) That the 2015 Durham Environmental Advisory Committee Workplan be approved, as outlined in Attachment 1 to Report #2015-P-23 of the Commissioner of Planning and Economic Development; and c) That a copy of Report #2015-P-23 of the Commissioner of Planning and Economic Development be forwarded to the Durham Environmental Advisory Committee and the area municipalities.” I - 10 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham advising Council that on April 22, 2015, Regional Council adopted the following resolution pertaining to the Durham Trail Co- Ordinating Committee (DTCC) 2014 Annual Report and 2015 Workplan: “a) That Report #2015-P-24 of the Commissioner of Planning and Economic Development be received as the Durham Trail Co-ordinating Committee’s annual report on its activities in 2014; b) That the 2015 Durham Trail Co-ordinating Committee Workplan as outlined in Attachment 1 to Report #2015-P-24 of the Commissioner of Planning and Economic Development, be approved; and c) That a copy of Report #2015-P-24 of the Commissioner of Planning and Economic Development be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities.” I - 11 Debi Wilcox, Town Clerk, Town of Whitby, advising Council that on April 20, 2015, the Town of Whitby adopted the following resolution pertaining to an update on Multi-Residential Battery Recycling Pilot: “1. That Council receive report PW22-15 “Update on Multi-Residential Battery Recycling Pilot” for information; 2. That Council endorse the multi-residential battery recycling program at actively participating apartment buildings. For buildings with low participation levels, staff recommend directing residents to take their batteries to a drop-off location at a Town facility; and 3. That a copy of Public Works Department Report PW-22-15, regarding the “Update on Multi-Residential Battery Recycling Pilot” be forwarded to the Region of Durham and the Area Municipalities.” Council Meeting Minutes - 6 - May 11, 2015 I - 12 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Kathleen Wynne, Premier of Ontario, advising that on April 22, 2015, Regional Council adopted the following resolution pertaining to an Update on Energy Planning and Energy Sector Initiatives in Durham Region: a) That Regional Council reconfirms that Durham Region is a willing and " supportive host for the existing nuclear generating stations at Darlington and Pickering and the potential new nuclear development at the Darlington site; b) That Regional Council reiterates to Ontario Power Generation, the Nuclear Waste Management Organization and the federal government, the Region's strong opposition to the long-term storage of used nuclear fuel and other nuclear wastes at the nuclear generating stations in Durham Region; c) That Regional Council encourages the federal government and Nuclear Waste Management Organization to expedite the process of finding a permanent storage solution for all of Canada's nuclear waste; d) That Regional Council commends the federal government for passing the Nuclear Liability and Compensation Act 2015, updating the compensation available to host communities in the event of a nuclear incident; e) That the Region encourages the federal and provincial governments to recognize that Canada's nuclear energy expertise should be developed as a key strategic asset which offers the opportunity to achieve both economic growth and climate change targets; f) That as the Province renews Ontario's Climate Change plan for reducing greenhouse gases, the Region encourages the Province to consider how new nuclear development at Darlington could support a carbon neutral Ontario in future, by making clean electricity available to replace fossil fuels in transportation and heating; g) That in the review of the Growth Plan for the Greater Golden Horseshoe, the Province be requested to formally recognize that Durham Region's land base is restricted by Ontario's energy infrastructure, including major hydro transmission corridors and land associated with and surrounding nuclear generating plants; and Council Meeting Minutes - 7 - May 11, 2015 h) That the Region forwards a copy of Joint Report #2015-J-21 to the Ministers of the Environment Canada and Natural Resources Canada, the Nuclear Waste Management Organization, Premier of Ontario, Minister of Energy, Minister of Municipal Affairs and Housing, the Independent Energy System Operator, Ontario Power Generation, the Canada Association of Nuclear Host Communities, the Association of Municipalities of Ontario, Durham Nuclear Health Committee, Durham MPs, Durham MPPs, and Durham area municipalities." I - 13 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Glen Murray, Minister of the Environment and Climate Change, advising that on April 22, 2015, Regional Council adopted the following resolution pertaining to the Region of Durham’s Comments on Ontario’s Climate Change Discussion Paper: a) That the following recommendations to the Province be endorsed as a " Regional response to EBR 012-3452, along with providing the specific responses to Discussion Paper questions posed by the Province as included in Attachment #2 to Joint Report #2015-J-20: i) That the Regional Municipality of Durham supports the Ontario Government's proactive approach to climate change mitigation and adaptation and welcomes the recent focus on reinvigorating Ontario's strategy on climate change and developing a Five-Year Climate Action Plan; ii) That the Ministry of the Environment and Climate Change and other provincial ministries are encouraged to collaborate with the Region of Durham and other municipalities as new avenues to demonstrate climate leadership in Ontario are explored, proposed and/or implemented; iii) That without diminishing the important focus on mitigation, more emphasis on climate adaptation and resilience measures is required at all levels of government; iv) That Provincial climate change actions and policies should not result in the need for additional funding by municipalities. Therefore, consistent with the approach that the Association of Municipalities of Ontario (AMO) is developing, the Government of Ontario should plan to create dedicated funding to assist local governments with the task of adapting infrastructure and services to the new climate realities in Ontario; Council Meeting Minutes - 8 - May 11, 2015 v) That in developing and implementing emissions pricing mechanisms and/or related policies, irrespective of the mechanism selected, the Province's decisions should be based on sound, integrated environmental and energy policies and evidence-based technical, economic and financial analysis to ensure the most effective and efficient solutions, smart and sustainable investment decisions and the minimization of opportunity costs; vi) That any changes to carbon accounting and reporting requirements, related frameworks or other compliance requirements should be designed and implemented with a view to harmonization of related processes and requirements, avoiding administrative redundancy wherever possible and recognize municipal actions to date; vii) That food security should also be considered as part of the Province's development of a climate change strategy to address potential health and nutrition related risks, including nutritional inadequacies; low birth weight; increased risk of infections and chronic diseases; and increased difficulties managing various health risks; and viii) That a copy of Joint Report #2015-J-20 be forwarded to the Ministry of the Environment and Climate Change, the eight local area municipalities in Durham Region; and the Association of Municipalities of Ontario (AMO)." Resolution #C-157-15 Moved by Councillor Hooper, seconded by Councillor Cooke That the communications I - 1 to I - 13 to be received for information be approved. Carried Correspondence for Direction Correspondence Items D - 8 to D - 12 were received as Hand-outs. D - 1 Laura Mountjoy, Executive Director, The Charles H. Best Diabetes Centre, requesting that November 14, 2015, be proclaimed “World Diabetes Day” and that the month of November be proclaimed “Type 1 Diabetes Awareness Month”, to raise awareness and advocacy of this often misunderstood disease and to raise funds to allow the Charles H. Best Diabetes Centre to continue offering one-of-a-kind support. (Proclaimed) Council Meeting Minutes - 9 - May 11, 2015 D - 2 The Honourable Michael Chan, Minister of Citizenship and Immigration, advising that nominations are being accepted for the Ontario Medal for Good Citizenship, an award established in 1973 to honour Ontarians who, through exceptional, long-term efforts, have made outstanding contributions to community life; indicating that nomination forms are available on-line by visiting the Ministry’s website at www.ontario.ca/honoursandawards or by calling 1-877-832-8622; and, encouraging members of the public to nominate a deserving citizen in the community. The deadline for receipt of nominations is July 17, 2015. (Information to be posted on the Municipality’s Website) D - 3 Prithi Yelaja, Communications Specialist, The College of Physicians and Surgeons of Ontario, advising of the Council Award, an award honouring outstanding physicians whose performance, based on eight “physician roles”, identified by Educating Future Physicians of Ontario is outstanding and comes closest to society’s vision of an ideal physician; forwarding information on the selection criteria and a nomination form; and, indicating the deadline for receipt of nominations is October 1, 2015. (Information to be posted on the Municipality’s Website) D - 4 D. Bowen, AMCT, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, writing to the Honourable Madeleine Meilleur, Ministry of the Attorney General, advising that on April 22, 2015, Regional Council adopted the following resolution pertaining to Ministry of the Attorney General – Provincial Offences Act Consultation Paper – “Exploring an online Administrative Monetary Penalty System for infractions of provincial statutes and municipal laws in Ontario”: “a) That the following recommendations be forwarded to the Ministry of the Attorney General as Durham Region’s response to the ‘Exploring an online Administrative Monetary Penalty System for infractions of provincial statutes and municipal laws in Ontario’, Consultation Paper, including: i) That the Region is supportive, in principle, of examining the removal of Part II offences from the Provincial Offences Act (POA) in favour of an Administrative Monetary Penalty (AMP) system, subject to substantive additional consultation with all affected stakeholders in order to ensure that the appropriate processes and infrastructure are in place to support the change; ii) That the Region does not support, the removal of any strict liability or ‘mens rea’ Part I offences from the POA in favour of an AMP system; Council Meeting Minutes - 10 - May 11, 2015 iii) That the Region supports a study on how the existing POA system and structure can be refined, simplified and enhanced through the use of technology with a view to making it more accessible and efficient, having regard to the recommendations in the Law Commission’s report; iv) That consideration of any reform to the POA system or use of AMPs for matters currently addressed under Part I must protect the ability of a citizen to appear in person and make full answer and defence to an infraction, including consideration of a due diligence defence; v) That as a guiding principle, the design, implementation and administration of an AMP system should not result in an additional administrative cost for municipalities as a result of parallel systems and processes; vi) That it is recommended that consideration be given as to how the existing resources dedicated to the administration of POA Court matters within each judicial district could be best utilized for the operation of any proposed AMP regime rather than creating a new structure; and b) That a copy of Report #2015-A-12 of the Commissioner of Corporate Services be forwarded to the Ministry of the Attorney General, Durham’s area municipalities, and the Association of Municipalities of Ontario.” (Endorsed) D - 5 Joy Vaneyk, Chair, Tyrone Community Centre Board of Directors, advising of the appointment of the 2015 Tyrone Community Centre Board of Directors as follows: Joy Vaneyk, Chair Larry Quinney, Vice-Chair Cecile Bowers, Secretary Joanne Skinner, Treasurer Corrine Van de Grootevheen, Booking Agent/Rental Contact Laurie Lafrance, Member Paul Rowan, Member Dave Taylor, Member Claude Godin, Member Ed Wilson, Member Walter Loveridge, Member (Appointments to the 2015 Tyrone Community Centre Board of Directors approved) Council Meeting Minutes - 11 - May 11, 2015 D - 6 Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, writing in support of Report PSD-026-15 regarding the co-ordinated Provincial Review of the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Part 1 and the comments on the Greenbelt for the Agricultural System; questioning why the agricultural lands surrounding Bowmanville and Newcastle were not protected; indicating that Committee members have been recommending distinct boundaries and buffers between agricultural and urban lands; and, advising that the support of Council in seeking to have scientifically based decision-making on what lands should be included in the Greenbelt is appreciated. (Advised of actions taken with respect to Item 3 of Report #1) D - 10 Kevin Anyan, Rotary Club of Bowmanville, requesting permission to place a banner on Veridian’s poles located to the west of the railway overpass in Bowmanville from May 25 to June 7, 2015, to advertise the Annual Rockin’ Rotary Ribfest taking place June 5 to June 7, 2015. (Installation of banner approved and Veridian to be to advised) D - 11 Heila Pitter, Outreach Services Manager, Bethesda House, advising of the 7th annual men’s walk against domestic violence “Walk-A-Mile in her Shoes” on June 13, 2015; and requesting permission to place a banner on Veridian’s poles located to the west of the railway overpass in Bowmanville from June 8 to June 14, 2015. (Installation of banner approved and Veridian to be to advised) D - 12 Anne Greentree, Municipal Clerk, Municipality of Clarington requesting that the week of May 31 to June 6, 2015, be proclaimed “National Access Awareness Week” to assist with promoting the importance of accessibility awareness and an inclusive barrier-free community. (Proclaimed) Resolution #C-158-15 Moved by Councillor Partner, seconded by Councillor Traill That Correspondence Item D - 1 to Item D - 6 and Hand-out Correspondence Items D - 10, D - 11 and D - 12 be approved as per the agenda. Carried Council Meeting Minutes - 12 - May 11, 2015 D - 7 Dale Leaitch, advising he does not have enough space in his two-car driveway to park his family vehicles and requesting an exemption to the policy to increase a curb cut to allow for easier access to his driveway. Resolution #C-159-15 Moved by Councillor Neal, seconded by Councillor Traill That the request from Dale Leaitch for an exemption to the policy regarding curb cuts be referred to staff for a report to the next General Purpose and Administration Committee meeting. Motion Withdrawn Resolution #C-160-15 Moved by Councillor Neal, seconded by Councillor Cooke That Correspondence Item D – 7 from Dale Leaitch, with respect to an exemption to the policy regarding curb cuts, be received for information; and That Mr. Leaitch be advised that Council supports the existing policy. Carried D - 8 Nicole Wellsbury, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on April 27, 2015, the Town of Ajax adopted the following resolution pertaining to the David Suzuki Foundation Blue Dot Movement: “1. That the Town of Ajax Declaration for The Right to a Healthy Environment, contained in Attachment No. 1 to this Report, to support the David Suzuki Foundation’s Blue Dot Movement by recognizing the right for all Ajax citizens’ to live in a healthy environment be endorsed; and, 2. That the Town of Ajax Declaration for The Right to a Healthy Environment and this Report, supporting the Blue Dot Movement’s call for all levels of government to recognize that all people have the right to live in a healthy environment, be sent to the Prime Minister of Canada, Federal Environment Minister, Ajax-Pickering Member of Parliament, Premier of Ontario, Ajax-Pickering Member of Provincial Parliament, Durham Region, City of Pickering, Town of Whitby, City of Oshawa, Municipality of Clarington, Township of Uxbridge, Township of Scugog, Township of Brock, Federation of Canadian Municipalities, Association of Municipalities of Ontario, Environmental Commissioner of Ontario, Town of Ajax Environmental Advisory Committee, Durham Region Environmental Advisory Committee, Toronto and Region Conservation Authority, Central Lake Ontario Conservation Authority, Conservation Ontario and the David Suzuki Foundation. Council Meeting Minutes - 13 - May 11, 2015 Resolution #C-161-15 Moved by Councillor Partner, seconded by Councillor Neal That the resolution from the Town of Ajax, with respect to the David Suzuki Foundation’s Blue Dot Movement, be referred to staff. Carried D - 9 Jeff Goldman, Principal, Durham Custom Homes, writing further to his delegation to the General Purpose and Administration Committee of May 4, 2015, regarding the matter of development charge incentives for the Gardens of Farewell Creek Development, 1469 and 1463 Highway 2, Courtice; thanking Council for their thoughtful deliberation and consideration of the matter, specifically the in-depth discussion regarding Community Incentive Programs (CIP’s) and the appropriateness of designating these lands within a Community Incentive Area; indicating that it is of vital importance that any development incentives be done so expediently as they have a direct impact on project financing and viability; and, respectfully urging Council to direct staff to move forward with the process of CIP designation for this zone as quickly as possible and also enter into discussions with the Developer to identify which CIP incentives may be most appropriate for these properties. Resolution #C-162-15 Moved by Councillor Neal, seconded by Councillor Cooke That staff be directed to initiate the process for a Community Improvement Plan (CIP) for Courtice. Carried Committee Report(s) Report #1 - General Purpose and Administration Committee Report May 4, 2015 Resolution #C-163-15 Moved by Councillor Woo, seconded by Councillor Traill That the General Purpose and Administration Committee Report of May 4, 2015, be approved, with the exception of Items #4, #5, #6 and #8. Carried Councillor Hooper stated a pecuniary interest with respect to Item 4 of Report #1 as he was the Chair of the Bowmanville BIA at the time that the project was started and he is a downtown Bowmanville business owner and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes - 14 - May 11, 2015 Item 4 Resolution #C-164-15 Moved by Councillor Neal, seconded by Councillor Traill That the Zoning By-law Amendment application submitted by Dr. R.J.C.G. Inc., to permit the construction of a mixed-use building, be deferred until the applicant has created an entrance/exit which allows full two-way turning movements onto Green Road or Stevens Road. Motion Lost Resolution #C-165-15 Moved by Councillor Woo, seconded by Councillor Partner That Report PSD-027-15 be received; That the Zoning By-law Amendment application submitted by Dr. R.J.C.G. Inc., to permit the construction of a mixed-use building, be approved as contained in Attachment 4 to Report PSD-027-15; That a by-law to remove the (H) Holding Symbol be forwarded to Council at such time that the applicant has created an inter-parcel laneway that allows unrestricted access for vehicular and pedestrian traffic across the subject property and out to Green Road; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-027-15 and Council’s decision; and That all interested parties listed in Report PSD-027-15 and any delegations be advised of Council’s decision. Carried Councillor Hooper returned to the meeting. Item 5 Resolution #C-166-15 Moved by Councillor Partner, seconded by Councillor Woo That staff be directed to prepare a report on a status update on any existing Orono parking lot project by September 8, 2015. Carried Council Meeting Minutes - 15 - May 11, 2015 Item 6 Resolution #C-167-15 Moved by Councillor Partner, seconded by Councillor Woo That staff be directed to open the Orono Library parking lot for use by Orono patrons outside of the Orono Library business hours. Carried later in the meeting (See following motion) Resolution #C-168-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-167-15 be referred to the Clarington Public Library Board for feedback on the Library parking lot being used by downtown Orono patrons. Motion Lost on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ The foregoing Resolution #C-167-15 was then put to a vote and carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ Council Meeting Minutes - 16 - May 11, 2015 Item 8 Resolution #C-169-15 Moved by Councillor Neal, seconded by Councillor Cooke That the Development Charges Background Study, April 2015, prepared by Hemson Consulting Ltd. be approved with the following amendment to the proposed By- law 2015-035: “to exclude larger industrial from Section 29 and that the statutory 50% Development Charge exemption from existing industrial buildings only apply, and in Section 30, that new industrial buildings constructed on vacant lots be exempt from development charges” and the development-related capital program included therein be adopted, subject to annual review through the Municipality’s normal capital budget process; That the Development Charges quantum for both Residential and Non-Residential charges be approved as follows, subject to annual indexing: July 1, 2015 Residential Single, Semi and Link $15,702 (per unit) Multiple Unit Building $12,139 Apartment $ 7,512 Non-Residential Commercial and Institutional $64.93 (per square metre) Industrial $35.24 That Council, in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; That, for completed applications as determined by the Chief Building Official have been received on or before June 30, 2015 and (where the development charges have been paid by June 30, 2015), the applicable development charges be calculated based on By-Law 2010-108; That the By-Law attached to Report FND-007-15 as Attachment “A” be recommended to Council for approval to repeal and replace By-Law 2010-108; That the Region of Durham and recorded interested parties be provided a copy of Report FND-007-15 and be notified of Council’s decision; That Roy Nichols Motors Ltd. be advised that an exemption to the development charges for a second story addition is not feasible at this time; That 2117416 Ontario Limited and Airco Investments Ltd. be advised that no exemption will be extended to their lands; Council Meeting Minutes - 17 - May 11, 2015 That a new subsection 29(6) be added to By-law 2015-035 reading as follows: “(6) The exemption provided in subsections (1) through (5) above shall not apply to existing industrial buildings located on land that is in the “large industrial property class” as defined in subsection 14(1) of O. Reg. 282/98 passed under the Assessment Act, R.S.O. 1990, c. A.31, however the exemption provided in section 4 of the Act shall apply to such buildings.”; and That the Development Charges By-law Number 2015-035, Sections 31, 34 and 35 be amended to add the words “masonry-clad” in front of apartment buildings, mixed-use buildings and retirement residence in these sections. That the studies under general government in the background study be limited to $3 million. Motion Lost later in the meeting The foregoing Resolution #C-169-15 was then put to a vote and lost on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ Resolution #C-170-15 Moved by Councillor Neal, seconded by Councillor Woo That the Development Charges Background Study, April 2015, prepared by Hemson Consulting Ltd. be approved with the following amendment to the proposed By-law 2015-035: “to exclude larger industrial from Section 29 and that the statutory 50% Development Charge exemption from existing industrial buildings only apply and for clarity, the words “constructed on a vacant lot” shall be added after the words “new industrial building” in Section 30 pertaining to the exemption for new industrial development.” and the development-related capital program included therein be adopted, subject to annual review through the Municipality’s normal capital budget process; Council Meeting Minutes - 18 - May 11, 2015 That the Development Charges quantum for both Residential and Non-Residential charges be approved as follows, subject to annual indexing: July 1, 2015 Residential Single, Semi and Link $15,702 (per unit) Multiple Unit Building $12,139 Apartment $ 7,512 Non-Residential Commercial and Institutional $64.93 (per square metre) Industrial $35.24 That Council, in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; That, for completed applications as determined by the Chief Building Official have been received on or before June 30, 2015 and (where the development charges have been paid by June 30, 2015), the applicable development charges be calculated based on By-Law 2010-108; That the By-Law attached to Report FND-007-15 as Attachment “A” be recommended to Council for approval to repeal and replace By-Law 2010-108; That the Region of Durham and recorded interested parties be provided a copy of Report FND-007-15 and be notified of Council’s decision; That Roy Nichols Motors Ltd. be advised that an exemption to the development charges for a second story addition is not feasible at this time; and That 2117416 Ontario Limited and Airco Investments Ltd. be advised that no exemption will be extended to their lands; That a new subsection 29(6) be added to By-law 2015-035 reading as follows: “(6) The exemption provided in subsections (1) through (5) above shall not apply to existing industrial buildings located on land that is in the “large industrial property class” as defined in subsection 14(1) of O. Reg. 282/98 passed under the Assessment Act, R.S.O. 1990, c. A.31, however the exemption provided in section 4 of the Act shall apply to such buildings.” and; That the Development Charges By-law Number 2015-035, Sections 31, 34 and 35 be amended to add the words “masonry-clad” in front of apartment buildings, mixed-use buildings and retirement residence in these sections. Carried Council Meeting Minutes - 19 - May 11, 2015 By-Laws Resolution #C-171-15 Moved by Councillor Neal, seconded by Councillor Cooke That leave be granted to introduce By-laws 2015-035 as amended, and 2015-036 to 2015-038 2015-035 Being a By-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 2015-036 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Dr. R.J.C.G. Inc.) 2015-037 Being a By-law to amend By-law 2012-061, as amended, being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington 2015-038 Being a By-law to to appoint individuals as a Parking Enforcement Officer for Private Property (Bernard Derry and Victor Howard) (2377 and 2379 Highway 2, 100 Clarington Boulevard, Bowmanville, 1420 King Street East, Courtice); and That the said by-laws be approved. Carried Staff Report(s) There were no Staff Reports considered under this Section of the Agenda. Unfinished Business There was no Unfinished Business considered under this Section of the Agenda. Other Business Resolution #C-172-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow for the introduction of a motion to amend Council Resolution #C-150-15 regarding amalgamation of fire services. Carried (Required ¾ vote) Council Meeting Minutes - 20 - May 11, 2015 Resolution #C-173-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the first paragraph of Council Resolution #C-150-15 be amended to delete "costs and benefits", to read as follows: "That staff be directed to prepare a report on the amalgamation of fire services. Carried (Required 2/3 vote) Councillor Hooper advised of a recent film shoot in downtown Bowmanville and the need for better communication from the filming industries to the affected residents/businesses in a more timely manner and to ensure that the BIA's are notified. Procedural Notice(s) of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. Confirming By-Law Resolution #C-174-15 Moved by Councillor Neal, seconded by Councillor Cooke That leave be granted to introduce By-law 2015-039, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 11 t" day of May, 2015; and That the said by-law be approved. Carried Adiournment Resolution #C-175-15 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 9:10 PM. Carried I May r unicip6l Clerk i