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HomeMy WebLinkAbout06-29-2015 Council Meeting Minutes June 29, 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 June 29, 2015, at 7:00 PM, in the Council Chambers. Councillor Partner 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 Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Director of Planning Services, D. Crome Director of Operations, F. Horvath Community Development Coordinator, E. Mittag, attended until 8:30 PM Corporate Communications Officer, B. Radomski Community Development Programmer, J. Stycuk, attended until 8:30 PM Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Human Resources Supervisor, L. Wheller, attended until 10:10 PM Municipal Clerk, A. Greentree Administrative Assistant to the Municipal Clerk, C. Fleming Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. Announcements Councillor Woo announced the following two events:  Canada Day Celebrations, July 1, 2015, Newcastle & District Recreation Complex Council Meeting Minutes - 2 - June 29, 2015  Kylies LemonAid Stand celebrating five years of smiles in support of the Hospital for Sick Children, July 11, 2015 Councillor Cooke announced the following three events:  Courtice Family Concerts in the Park featuring Trish Robb on July 8, 2015 and Patrick Lehman on August 12, 2015  Visual Arts Centre of Clarington’s “Picasso’s Picnic”, Kid’s Art Festival, August 15, 2015, 10:00 AM to 4:00 PM  th 30 Annual Canada Day Celebrations, July 1, 2015, Clarington Museums, 10:00 AM to 2:00 PM Councillor Hooper announced the following five events:  Canada Day Celebrations, July 1, 2015, Garnet B. Rickard Recreation Complex  Driftwood Theatre Group’s production of Hamlet, July 12, 2015, Visual Arts Centre of Clarington  Heritage Week Celebrations, community concerts and tours, August 10 to 16, 2015  Clarington Concert Band, July 2, 2015, Rotary Park  Release of the Clarington Public Library Annual Report Councillor Neal announced the following event:  Driftwood Theatre Group’s production of Hamlet, August 12, 2015, Roswell Park, Courtice, presented by the South Courtice Neighbourhood Association Councillor Partner announced the following five events:  Canada Day Celebrations, July 1, 2015, Orono Library  Ram Rodeo Tour, July 3, 4, and 5, 2015, Orono Fairgrounds  Music in the Park Series, Tuesdays in Newcastle, 7:00 PM, Sundays in Newtonville, 6:30 PM  A Gift of Art Show, July 11 and 12, 2015, Newcastle Memorial Arena  Newtonville Hall Board Barbeques, July 12, 2015 and August 16, 2015 Councillor Partner also wished to clear up a misconception circulating in social media regarding Council’s decision to let the Provincial and Federal governments work through a solution to bring the GO Train to Bowmanville by 2018 and to not interfere with those talks. Minutes Resolution #C-220-15 Moved by Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of Council June 15, 2015, be approved. Carried Council Meeting Minutes - 3 - June 29, 2015 Presentations There were no Presentations scheduled for this meeting. Delegations Alan Tibbles, Vice-President, Clarington Older Adult Association, addressed Council concerning Item 2 of Report #1 - Report CSD-008-15 - Regarding the Older Adult Strategy Governance. Mr. Tibbles stated the COAA Board is not opposed to the option chosen by Council, will respect the decision and will support the Municipality and the Community Services Department. Mr. Tibbles briefly reviewed the COAA’s Vision Business Plan which would have relied heavily on increased penetration through satellite and hub facilities throughout the municipality generating more revenue and leading to a decreased dependency on taxpayer funds. Mr. Tibbles stated the hybrid option limits the COAA in that regard but the Board still intends to reduce the municipal grant by an aggressive pursuit of provincial and federal grants and bequests, sponsorships and donations and an increased focus on fundraising activities. Mr. Tibbles hopes the Municipality will establish equal standards of performance for both COAA and Community Services with respect to membership levels, diversity of programs and governance. Mr. Tibbles summarized by stating the COAA is looking forward to a new and exciting chapter and remains committed to providing a broad and comprehensive selection of social, wellness and recreational programs and services to the older adult community. Mr. Tibbles also clarified statements made at the General Purpose and Administrative meeting of June 22, 2015, by a member of the seniors group from Courtice, regarding staffing, advertising and programming. Alan Tibbles responded to questions from Members of Council. Frederick Donald Wilkinson addressed Council concerning Item 16 of Report #1 - PSD-040-15 - Applications by Port Darlington Land Corporation to Amend the Clarington Official Plan and Zoning By-law to Permit a 234-Unit Draft Plan of Subdivision. Mr. Wilkinson referred to correspondence he submitted to the General Purpose and Administration Committee meeting of June 22, 2015, outlining three primary concerns with the development – being, that development charges would not cover the infrastructure costs of development, that a new noise and vibration study has not been released that substantiates the development has the necessary barriers to protect the quality of life of those living in the proposed subdivisions, and that the emergency access and exit from the area is insufficient. Mr. Wilkinson feels that with the CN rail as the northern boundary and Lake Ontario as the southern boundary, it is extremely important that people living in the development be able to exit the area safely in case of an emergency and that Municipal emergency vehicles have the ability to access the area. Mr. Wilkinson expressed concern that on many occasions the Port Darlington and Bennet Road developments are blocked due to the length of the trains, leaving the Lamb’s Road tunnel, which will not accommodate emergency vehicles, as the only means of access. Mr. Wilkinson referred to the exposure impact noting this type of development would require an overpass. He noted that other developments in Clarington, including the Wilmot Creek Retirement Village, have overpasses and requested that the same regulations and criteria apply to this development. Council Meeting Minutes - 4 - June 29, 2015 Mr. Wilkinson indicated that he has party status at the Ontario Municipal Board hearing and he will continue to request that the Municipality consider a condition of development that an overpass be built at Lamb’s Road. Kevin Taylor addressed Council concerning Item 16 of Report #1 - PSD-040-15 - Applications by Port Darlington Land Corporation to Amend the Clarington Official Plan and Zoning By-law to Permit a 234-Unit Draft Plan of Subdivision. Mr. Taylor stated his concerns mirrored the issues raised by Mr. Wilkinson, the previous delegation, and that he had no further comments to submit. Communications Correspondence Item I – 7 was received as a Hand out. I - 1 Minutes of the Ganaraska Region Conservation Authority dated May 21, 2015 I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 9, 2015 I - 3 Minutes of the Agricultural Advisory Committee of Clarington dated June 11, 2015 I - 4 Minutes of the Clarington Heritage Committee dated June 16, 2015 I - 5 Minutes of the Central Lake Ontario Conservation Authority dated June 16, 2015 I - 6 Susan Eng, VP Advocacy, CARP, a national, non-profit, non-partisan organization committed to improving the quality of life of all Canadians as they age; highlighting CARP’s concerns with Canada Post’s plan to cease home delivery of mail and the effects changes would have on the well-being and independence of older Canadians, and people with disabilities and mobility challenges; and, requesting that Council appeal to the government to place a moratorium on Canada Post’s plan to build community mailboxes. Resolution #C-221-15 Moved by Councillor Partner, seconded by Councillor Traill That the communications I - 1 to I - 6 to be received for information be approved. Carried Council Meeting Minutes - 5 - June 29, 2015 I - 7 Steve Hennessey, Sales Representative, Right at Home, questioning whether the Municipality has held discussions with other levels of government to have commuter train service extended into Clarington; suggesting that a commuter train station in Clarington would give options to people who travel into Toronto to work, would alleviate traffic and parking issues at other Durham GO transit commuter lots and could be of benefit to companies considering locating in Clarington by providing their employees with another option on how to get to work. Resolution #C-222-15 Moved by Councillor Neal, seconded by Councillor Woo Whereas Ontarians and Canadians that call Clarington home wish to enjoy a high quality of life, a sustainable environment and a competitive economy; And Whereas it is well recognized that reliable, safe and affordable commuter train service, especially GO Train service, is key to recognizing these results for our residents and for creating significant business investment and employment opportunities; And Whereas as the federal and provincial governments have recently made large investments in such train service to realize these results for other communities; Now therefore be it resolved that the Municipality of Clarington Council call on the Ontario and Canadian governments to act by 2018 to bring GO Train service through Durham Region to Clarington; and That this resolution be circulated for support to our partners in this initiative including the City of Oshawa, the Town of Whitby, the Region of Durham, Durham College, the University of Ontario Institute of Technology, Trent University, the Clarington Board of Trade, the Chambers of Commerce of our neighbouring municipalities, the Durham Home Builders and BILD, area MPPs and MPs, the Right Honourable Stephen Harper, Prime Minister of Canada and the Honourable Kathleen Wynne, Premier of Ontario. Carried Council Meeting Minutes - 6 - June 29, 2015 Correspondence for Direction Correspondence Item D - 6 was received as a Hand out. D - 1 Donna Lanigan, Ruth Marlyn, Diane O’Grady, Billie Groyelle, Lou Davidson, Myrna Terry, Cheryl Wilson, Denise Munro, Shirley Maroz, James Treen and Sharon Davidson, writing in support of the Municipality assuming direct management of the Clarington Older Adult Association (COAA); suggesting that membership fees from the Courtice members be allocated directly to the Courtice location; advising that Courtice members have no say in the programs offered and have seen a decline in the number of programs being offered in Courtice; and, requesting that funding for seniors in Clarington be distributed more evenly to all areas of Clarington not just to the Beech Centre. (Advised of actions taken with respect to Item 2 of Report #1) D - 2 Myrna Terry, providing a history of the formation of the Courtice COAA expressing concern that funds raised by Courtice seniors are allocated to the COAA Bowmanville with just a percentage returned to Courtice; and, requesting that the Municipality assume the responsibility for the management of the Courtice COAA and that funds raised by Courtice members stay in Courtice. (Advised of actions taken with respect to Item 2 of Report #1) D - 3 Memorandum from the Director of Planning Services dated June 18, 2015, advising that the request from 2405083 Ontario Inc. for a rooftop mounted solar project on an existing barn located at 4672 Highway 2 meets the criteria approved in Report PSD-034-15 concerning rooftop solar project applications. and recommending that Council endorse the following resolution: “Whereas 2405083 Ontario Inc. (the applicant) proposes to construct and operate a rooftop solar photovoltaic project (the “Project”) on a farm located at 4672 Highway 2, Newtonville (the “Lands”) in the Municipality of Clarington under the Province’s FIT Program; And Whereas the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council’s support for the construction and operation of the Project on the Property; And Whereas, pursuant to the rules governing the FIT Program (the “Fit Rules”), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; Council Meeting Minutes - 7 - June 29, 2015 Now therefore be it resolved that Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution’s sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose.” (Endorsed) D - 4 Martha Pettit, Deputy Clerk, City of Markham, advising Council that on June 15 & 16, 2015, the City of Markham adopted the following resolution pertaining to the Ministry of Municipal Affairs and Housing – Municipal Legislation Review: “1) That the memo entitled “Ministry of Municipal Affairs and Housing – Municipal Legislation Review”, be received; and 2) That City of Markham Council request the Ministry of Municipal Affairs and Housing extend the July 27, 2015 deadline for receiving comments to the Municipal Election Act to October 1, 2015; and 3) That this recommendation be forwarded to the Association of Municipalities of Ontario (AMO) and all the municipalities within the Greater Toronto Area (GTA); and further 4) That staff be authorized and directed to do all things necessary to give effect to this resolution.” (Endorsed) Resolution #C-223-15 Moved by Councillor Cooke, seconded by Councillor Hooper That Correspondence Items D - 1 to D - 4 be approved as per the Agenda. Carried D - 5 Sandra Kranc, City Clerk, City of Oshawa, writing to the Right Honourable Stephen Harper, Prime Minister of Canada and the Honourable Kathleen Wynne, Premier of Ontario, advising that on June 8, 2015, the City of Oshawa adopted the following resolution pertaining to manufacturing jobs in the auto industry: “Whereas the Durham Region has suffered significant job losses due to the downsizing and exit of manufacturing jobs associated with the auto industry; and Council Meeting Minutes - 8 - June 29, 2015 Whereas many members of our communities have been adversely affected by unemployment and lowered incomes due to reduced employment opportunities that the good paying jobs of the auto industry once provided; and Whereas the local businesses that depend on a strong and healthy job market to support their success in our communities have been adversely affected by the job losses and lower paying work; and Whereas local agencies like the United Way of Durham Region have been put under the combined stress of reduced financial support from people who can no longer afford to give to charities, while at the same time experiencing increased demand for their services due to the high levels of unemployment; and Whereas the aggressive financial support provided to manufacturing companies by governments in areas such as Mexico and the southern U.S. have put extra pressure on Canadian jobs; and Whereas there has been a fragmented approach to backing the Canadian auto industry that does not include the active support of all levels of government; Therefore be it resolved that the municipal governments of Durham Region and all Canadian municipalities that benefit from auto manufacturing unite to lobby all levels of government to ensure that the support needed to ensure these good jobs remain in our communities, province and our country, Canada. We must act to ensure provincial and federal governments are fully engaged in the effort to keep these jobs in our community and are successful.” Resolution #C-224-15 Moved by Councillor Hooper, seconded by Councillor Traill That the resolution from the City of Oshawa, with respect to manufacturing jobs in the auto industry, be endorsed. Carried Council Meeting Minutes - 9 - June 29, 2015 D - 6 Memorandum from the Director of Planning Services, dated June 26, 2015, advising Standard Power Corporation, on behalf of Durham Foods, has made a request for a Municipal Support resolution for a rooftop mounted solar project on two barns to be constructed at 9100 Old Scugog Road; indicating the proposed barns will require approval of a site plan application as they are considered a major development within the Oak Ridges Moraine; advising staff has reviewed the project with respect to the criteria approved in Report PSD-034-15 concerning rooftop solar project applications; and, recommending that Council support the request. Resolution #C-225-15 Moved by Councillor Cooke, seconded by Councillor Hooper Whereas Standard Power Corporation (the applicant) proposes to construct and operate a rooftop solar photovoltaic project (the "Project") on a farm located at 9100 Old Scugog Road (the "Lands") in the Municipality of Clarington under the Province's FIT Program; And Whereas the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; And Whereas, pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; Now therefore be it resolved that Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Carried Council Meeting Minutes - 10 - June 29, 2015 Committee Report(s) Report #1 - General Purpose and Administration Committee Report June 22, 2015 Resolution #C-226-15 Moved by Councillor Woo, seconded by Councillor Traill That the General Purpose and Administration Committee Report of June 22, 2015, be approved, with the exception of Items #2, #9, #13, #16, and #17. Carried Item 2 – Older Adult Strategy Governance Resolution #C-227-15 Moved by Councillor Neal, seconded by Councillor Traill That Report CSD-008-15 be received; That By-law 2011-106 be repealed effective January 1, 2016; That staff develop a two year Agreement for the use and operation of 26 Beech Avenue by the COAA as a registered not-for-profit corporation; That the Agreement identify that the minimum qualifying age for membership with the COAA be established at 55 years with the exception of current COAA members between the ages of 50-54 years who will be grandfathered; That the COAA update the organization’s information with the Province of Ontario Ministry of Government Services in regard to their corporate status; That the mandate of the Community Services Department be expanded to include responsibility for community programming for adults age 55 years and over living in Clarington effective January 1, 2016; That the Community Services Department be given budget approval to recruit and hire an Older Adult Co-ordinator and Older Adult Programmer (non-affiliated positions) with a start date of August 2015, at a cost of approximately $72,400 including salaries and benefits for 2015; That the Community Services Department be given 2015 budget approval for $40,000 for capital equipment purchases for the dedicated space at the Courtice Community Complex and that the necessary funds be accessed from the Community Services Capital Reserve Fund; That the Community Services Department develop a 2016 Older Adult Budget as a part of the overall Community Services 2016 budget submission; That the COACB be directed to liaise with the Municipal Director of Finance / Treasurer on the development of a revised 2015 budget; and Council Meeting Minutes - 11 - June 29, 2015 That staff report back in October, 2015 on the potential use of the Baseline Community Centre by what is currently the COACB. Motion Withdrawn Resolution #C-228-15 Moved by Councillor Neal, seconded by Councillor Traill That Report CSD-008-15 be received; That By-law 2011-106 be repealed effective January 1, 2016; That staff develop a two year Agreement for the use and operation of 26 Beech Avenue by the COAA as a registered not-for-profit corporation; That the Agreement identify that the minimum qualifying age for membership with the COAA be established at 55 years with the exception of current COAA members between the ages of 50-54 years who will be grandfathered; That the COAA update the organization’s information with the Province of Ontario Ministry of Government Services in regard to their corporate status; That the mandate of the Community Services Department be expanded to include responsibility for community programming for adults age 55 years and over living in Clarington effective January 1, 2016; That the Community Services Department be given budget approval to recruit and hire an Older Adult Co-ordinator and Older Adult Programmer (non-affiliated positions) with a start date of August 2015, at a cost of approximately $72,400 including salaries and benefits for 2015; That the Community Services Department be given 2015 budget approval for $40,000 for capital equipment purchases for the dedicated space at the Courtice Community Complex and that the necessary funds be accessed from the Community Services Capital Reserve Fund; That the Community Services Department develop a 2016 Older Adult Budget as a part of the overall Community Services 2016 budget submission; That the COACB be directed to liaise with the Municipal Director of Finance / Treasurer on the development of a revised 2015 budget; and That the Request for Proposal for use of Baseline Community Centre be extended to August 31, 2015, to allow any groups, including the COACB should they wish, to submit a proposal on renting the Baseline Community Centre. Withdrawn later in the meeting (See following motions) Council Meeting Minutes - 12 - June 29, 2015 Resolution #C-229-15 Moved by Councillor Neal, seconded by Councillor Hooper THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried The meeting reconvened in open session at 8:08 pm. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. The foregoing Resolution #C-228-15 was subsequently withdrawn. Resolution #C-230-15 Moved by Councillor Neal, seconded by Councillor Traill That Report CSD-008-15 be received; That By-law 2011-106 be repealed effective January 1, 2016; That staff develop a two year Agreement for the use and operation of 26 Beech Avenue by the COAA as a registered not-for-profit corporation; That the Agreement identify that the minimum qualifying age for membership with the COAA be established at 55 years with the exception of current COAA members between the ages of 50-54 years who will be grandfathered; That the COAA update the organization’s information with the Province of Ontario Ministry of Government Services in regard to their corporate status; That the mandate of the Community Services Department be expanded to include responsibility for community programming for adults age 55 years and over living in Clarington effective January 1, 2016; That the Community Services Department be given budget approval to recruit and hire an Older Adult Co-ordinator and Older Adult Programmer (non-affiliated positions) with a start date of August 2015, at a cost of approximately $72,400 including salaries and benefits for 2015; That the Community Services Department be given 2015 budget approval for $40,000 for capital equipment purchases for the dedicated space at the Courtice Community Complex and that the necessary funds be accessed from the Community Services Capital Reserve Fund; That the Community Services Department develop a 2016 Older Adult Budget as a part of the overall Community Services 2016 budget submission; Council Meeting Minutes - 13 - June 29, 2015 That the COACB be directed to liaise with the Municipal Director of Finance / Treasurer on the development of a revised 2015 budget; That the Request for Proposal process for possible uses for Baseline Community Centre be cancelled and re-issued for proposals; and That the Request for Proposal specifications speak to flexibility of use with the possibility of sharing between multiple groups. Paragraphs 1 to 10 carried later in the meeting. Paragraphs 11 and 12 lost later in the meeting (See following motions) Resolution #C-231-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-230-15 be divided to vote on Paragraphs 1 to 10 separately from Paragraphs 11 and 12. Carried Paragraphs 11 and 12 of the foregoing Resolution #C-230-15 were 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 √ Paragraphs 1 to 10 of the foregoing Resolution #C-230-15 was then put to a vote and carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Mayor Foster √ Council Meeting Minutes - 14 - June 29, 2015 Item 9 – Facilities Development Strategy Resolution #C-232-15 Moved by Councillor Woo, seconded by Councillor Hooper That Report COD-014-15 be received; That Monteith Brown Planning Consultants, with a total bid amount of $59,987.52 (net H.S.T. Rebate) being the highest scoring proponent meeting all terms, conditions and specifications of Request for Proposal RFP2015-7 be awarded the contract for the development of the Facilities Development Strategy as required by the Municipality of Clarington, Community Services Department; . That the funds required in the amount of $59,987.52 (net HST Rebate) be drawn from the following accounts: Community Services Consulting 100-42-130-10085-7160 $ 59,987.52 That all interested parties listed in Report COD-014-15 and any delegations be advised of Council’s decision. 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 √ Item 13 – Strategic Plan 2015-2018 Resolution #C-233-15 Moved by Councillor Neal, seconded by Councillor Cooke That Report CAO-002-15 be received; and That Council endorse the Strategic Plan 2015-2018 appended to Report CAO-002-15, as amended as follows: Page 3 of Attachment #1 to Report CAO-002-15, Item #1 of the Strategic Priorities be changed to: “Facilitate the creation of jobs, attraction of new businesses and ” expansion of existing businesses Council Meeting Minutes - 15 - June 29, 2015 Page 3 of Attachment #1 to Report CAO-002-15, Item #2 of the Strategic Priorities, delete the words “Ensure and” prior to the word “demonstrate; and Page 3 of Attachment #1 to Report CAO-002-15, Item #5 of the Strategic Priorities, the word “residents” be changed to “resident”. Carried Item 17 - Clarington v. Waste Management of Canada Claim for Royalties Resolution #C-234-15 Moved by Councillor Woo seconded by Councillor Traill That Report LGL-007-15 be received; That Staff be directed to settle the claim against Waste Management of Canada generally on the terms set out in Report LGL-007-15, with the following amendment: “Section 1.4, Item #6 – change “December 31, 2014” to “June 30, 2014”; and That Mayor and Clerk be authorized to execute any documents necessary to effect the settlement. 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 √ Item 16 – Applications by Port Darlington Land Corporation to Amend the Clarington Official Plan and Zoning By-law to Permit a 234-Unit Draft Plan of Subdivision Resolution #C-235-15 Moved by Councillor Traill, seconded by Councillor Partner THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried The meeting reconvened in open session at 9:52 PM. Council Meeting Minutes - 16 - June 29, 2015 Resolution #C-236-15 Moved by Councillor Hooper, seconded by Councillor Neal That Council recess for ten minutes. Carried The meeting reconvened in open session at 10:04 PM. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. Resolution #C-237-15 Moved by Councillor Woo, seconded by Councillor Neal That Report PSD-040-15 be received; That Staff be directed to take all steps necessary to seek approval from the Ontario Municipal Board for Clarington Official Plan Amendment No. 102 (COPA 2013-0002), Zoning By-law Amendment (ZBA 2013-0028) and Draft Plan of Subdivision (S-C- 2013-0002), generally as set out in Attachments 1, 2 and 3 of Report PSD-040-15, respectively; That the municipal solicitor be authorized to provide a copy of Report PSD-040-15 to any interested party who requests a copy; and That all interested parties listed in Report PSD-040-15 and any delegations be advised of Council's position Carried Staff Report(s) Report CSD-009-15 - Roof-Top Solar PV Installations Resolution #C-238-15 Moved by Councillor Neal, seconded by Councillor Hooper That Report CSD-009-15 be received; That the Mayor and Clerk be authorized to execute a Roof-top Solar Panel Lease Agreement for the three specific projects, provided such Agreement is acceptable to the Municipal Solicitor; That Veridian Connections and Solera Sustainable Energies Company be advised of Council’s decision; and Council Meeting Minutes - 17 - June 29, 2015 Whereas capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 4.0. Whereas Veridian Connections and Solera Sustainable Energies Company (the “applicants”), propose to construct and operate Roof-top Solar Projects on 1595 Prestonvale Road, 1780 Rudell Road and 2375 Baseline Road (the “Lands”) in the Municipality of Clarington under the province’s FIT Program; And Whereas that applicants have requested that Council of The Municipality of Clarington indicate by resolution Council’s support for the construction and operation of the Projects on the Property; And Whereas pursuant to the FIT Rules, Version 4.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicants being offered a FIT Contract prior to other Persons applying for FIT Contracts; Now Therefore Be It Resolved That Council of the Municipality of Clarington supports the construction and operation of the Projects on the Lands. This resolution’s sole purpose is to enable the Applicants to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Applications or Projects or for any other purpose. Carried Unfinished Business Resolution #C-239-15 Moved by Councillor Traill, seconded by Councillor Neal That Item 11 of Report #1, of June 15, 2015, – Affordable Housing Task Force, be lifted from the table. Carried Council now had the following resolution before them: Resolution #C-240-15 Whereas access to adequate housing is a fundamental right of all Canadians, as guaranteed by the UN Universal Declaration of Human Rights; Whereas thousands of households remain on the waiting list for social housing in Durham; Whereas seniors in Clarington and across Durham who are looking for affordable rent will be waiting at least three to four years and fewer than 19 units in 1,000 are available for rent each month; and Council Meeting Minutes - 18 - June 29, 2015 Whereas access to good quality affordable housing has community-wide benefits related to economic competitiveness, health, education, social inclusion and strengthened communities; Now Therefore It Be Resolved that Durham Region and its eight area Municipalities set up a Task Force to consider the following to supplement the recommendations of “Home in Durham, the Durham Housing Plan 2014-2024”: 1. Development Charge by-law amendments to include an exemption for affordable housing based on specific criteria and a housing service agreement with the Region or with the area Municipality as follows: To be eligible or an exemption or reduction of DCs, an affordable rental housing project must target low income households and provide affordable rent levels. The initial and ongoing annual affordable project rents along with the occupant maximum income by unit type are to be set and/or approved by Durham Social Services, Housing Services Division. To be considered “affordable”, the initial rent setting must be consistent with any one of the following: A.The definition of “affordable rental” as provided in the Provincial Policy Statement OR B. 65% of the Average Market Rent as determined by CMHC in its latest survey of the local market OR C. Rent levels set in accordance with a Housing Services recognized affordable housing program (i.e. Canada/Ontario Affordable Housing Program) In addition, the property owner must have entered into a Housing Agreement with the Region of Durham, or with the local Municipality, which is registered on title and serves to ensure that the affordability terms established by the Region remain in effect. The principal intent of the Housing agreement is to indicate that in exchange for the DC exemption, the Region or area Municipality will specify rental rates and occupant income by unit type in perpetuity. It also establishes penalties & remedies should the terms of the Agreement be breached. The Housing Agreement must be executed by the applicant at the time of the property rezoning (where applicable) or prior to the project commencing construction (i.e. before building permit is issued). 2. The relaxation of architectural controls in order to encourage development of affordable housing based on the specific criteria set forth in Section 1 (A-C) above. 3. A study of affordable housing best practice models across North America, not limiting itself to the GTA and to Ontario; and Council Meeting Minutes - 19 - June 29, 2015 That the Resolution be circulated to the area Municipalities and our Member of Provincial Parliament for endorsement and be forwarded to the Durham Region Health and Social Services Committee. Carried as amended later in the meeting Resolution #C-241-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-240-15 be amended to delete “Health and Social Services Committee” in the last paragraph. Carried The foregoing Resolution #C-240-15 was then put to a vote and carried as amended. By-Laws By-law 2015-054 was received as a Hand-out. Resolution #C-241-15 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2015-051 to 2015-054; 2015-051 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Far Sight Investments Ltd.) 2015-052 Being a By-law to amend By-law 2009-123, the Sign By-law for the Corporation of the Municipality of Clarington 2015-053 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Properties Inc./Halloway Developments Limited) 2015-054 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Jeffrey Homes Inc.); and That the said by-laws be approved. Carried Other Business Councillor Neal raised a question regarding the placement of correspondence before Council. The Municipal Clerk confirmed that the new Procedural By-law provides that correspondence will be directed to the appropriate Committee but there will be flexibility to place correspondence on the Council agenda. Council Meeting Minutes - 20 - June 29, 2015 Procedural Notice(s) of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. Confirming By-Law Resolution #C-242-15 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2015-055, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 29th day of June, 2015; and That the said by-law be approved. Carried Adjournment Resolution #C-243-15 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 10:24 PM. Carried r Ma or Nfurfici pai.-Clerk