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Home My WebLink About12-14-2015 Council Minutes December 14, 2015 Minutes of a regular meeting of Council held on December 14, 2015, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: F. Wu, A. Allison, T. Cannella, J. Caruana, D. Crome, L. Gordon, F. Horvath, M. Marano, G. Weir, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Neal led the meeting in a moment of reflection. 3 Disclosures of Pecuniary Interest Councillor Neal indicated that he would be declaring a pecuniary interest with respect to Item 1(p) of the General Government Committee Report. Councillor Partner indicated that she would be declaring a pecuniary interest with respect to Item 11 of the General Government Committee Report. Mayor Foster indicated that he would be declaring a pecuniary interest with respect to Item 11 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-319-15 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council November 23, 2015, be approved. Carried - 1 - Council Minutes December 14, 2015 Resolution #C-320-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the Order of the Agenda be altered to consider Delegation 7.2 following Delegation 7.3. Carried 6 Presentations 6.1 Ted Baker, Chair, Energy From Waste – Waste Management Advisory Committee, addressed Council to present the Committee’s Annual Report. Mr. Baker indicated that this would be his final presentation to Council as per the Committee’s Terms of Reference. He stated the application process has commenced for the new term and encouraged members of the public to apply to new postings. Through use of a PowerPoint presentation, Mr. Baker provided an update on the Committee meeting schedule which included four regularly-scheduled meetings which were very well attended. He noted the Region has been much attuned to providing information to the Committee by way of multiple presentations from staff on 2015 initiatives and the Committee also received several presentations from members of the public. Mr. Baker noted 2015 was a very busy year with Committee members attending various events in local communities, including the Durham Waste Fair held on August 29, 2015, the launch of a new Regional mobile app and tours of the Niagara Falls, New York EFW facility, the Appliance Recycling ARCA Canada, and the first site tour of the Durham/York Energy Centre on November 17, 2015. Mr. Baker summarized by noting that the Emission Stack Test is awaiting final regulatory approval; waste volume is down slightly year over year; and a special meeting will be held in January to review protocols for release of information. Ted Baker responded to questions from Members of Council. Resolution #C-321-15 Moved by Councillor Woo, seconded by Councillor Traill That Ted Baker, Chair, Energy from Waste – Waste Management Advisory Committee (EFW-WMAC) be thanked for presenting the Committee’s Annual Report; and That Members of the Energy from Waste – Waste Management Advisory Committee be thanked for their efforts on the Committee over the term of their membership. Carried - 2 - Council Minutes December 14, 2015 7 Delegations 7.1 Dr. Robin Jeffery addressed Council concerning Item 13 of the General Government Committee Report – Report CLD-020-15 – Parking Meters on Church Street. Dr. Jeffery advised that she had distributed a letter outlining her position and that she was of the understanding that a motion would be forthcoming later in the meeting to defeat the Committee recommendation to install parking meters on Church Street. Dr. Jeffery confirmed that she had never suggested the installation of parking meters on Church Street as a way to address parking concerns on the street. Dr. Jeffery responded to questions from Members of Council 7.2 Kristopher Bargenda addressed Council concerning Item 13 of the General Government Committee Report – Report CLD-020-15 – Parking Meters on Church Street advising that he lives on Church Street and does not support the installation parking meters in front of his home. Kristopher Bargenda responded to questions from Members of Council. Resolution #C-322-15 Moved by Councillor Hooper, seconded by Councillor Neal That the Order of the Agenda be altered to consider Item 13 of the General Government Committee Report at this time. Carried 10. Committee Reports 10.2 General Government Committee Report of November 30, 2015 Item 13 – Parking Meters on Church Street Resolution #C-323-15 Moved by Councillor Hooper, seconded by Councillor Neal That Report CLD-020-15 be received for information. Carried - 3 - Council Minutes December 14, 2015 7 Delegations (cont’d) 7.3 Confidential Delegation – Confidential Legal Matter Resolution #C-324-15 Moved by Councillor Cooke, seconded by Councillor Traill 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 8:37 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 two resolutions were passed on a procedural matter. 8 Communications – Receive for Information 8.1 Nigel Bellchamber, Amberley Gavel Ltd. – Report Regarding the Investigation of the Closed Meeting of Council for the Municipality of Clarington on February 26, 2015 Resolution #C-325-15 Moved by Councillor Neal, seconded by Councillor Woo That correspondence Item 8.1 from Nigel Bellchamber, Amberley Gavel Ltd., with respect to Report Regarding the Investigation of the Closed Meeting of Council for the Municipality of Clarington on February 26, 2015, be received for information. Carried 9 Communications – Direction 9.1 Maria Abi-Ghanem, Project Coordinator, SLN-Aecon Joint Venture – Darlington Refurbishment Retube and Feeder Replacement Project (RFR) - Request for Exemption to Noise By-law Resolution #C-326-15 Moved by Councillor Neal, seconded by Councillor Hooper That correspondence Item 9.1 from Maria Abi-Ghanem, Project Coordinator, SLN- Aecon Joint Venture – Darlington Refurbishment Retube and Feeder Replacement Project (RFR), requesting an exemption to By-law 2007-071 for the period January 13 to May 31, 2016, be approved. Carried - 4 - Council Minutes December 14, 2015 9.2 Robert Malone – Report PSD-061-15 – Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle Resolution #C-327-15 Moved by Councillor Partner, seconded by Councillor Woo That Correspondence Item 9.1 from Robert Malone, with respect to an Application by 564069 Ontario Inc. to construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle, be referred to Item 4 of the Planning & Development Committee Report. Carried 10 Committee Reports (cont’d) 10.1 Advisory Committee Reports 10.1.1 Minutes of the Clarington Heritage Committee dated November 17, 2015 10.1.2 Minutes of the Clarington Museums Board dated November 11, 2015 10.1.3 Minutes of the Orono Arena Community Centre Board dated June 23, 2015 Resolution #C-328-15 Moved by Councillor Partner, seconded by Councillor Traill That 10.1.1 Minutes of the Clarington Heritage Committee dated November 17, 2015 10.1.2 Minutes of the Clarington Museums Board dated November 11, 2015 10.1.3 Minutes of the Orono Arena Community Centre Board dated June 23, 2015, be received for information. Carried 10.2 General Government Committee Report of November 30, 2015 Resolution #C-329-15 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of November 30, 2015 be approved, on consent, with the exception of items #1(p), #11, and #18. Carried - 5 - Council Minutes December 14, 2015 Councillor Neal stated a pecuniary interest with respect to Item 1(p) of the General Government Committee Report as he is a Director of Home Base Durham and left the Council Chambers during discussion and voting on this matter. Item 1(p) - Judy Mead, President, Autism Home Base Durham – Thank You for Community Grant Resolution #C-330-15 Moved by Councillor Hooper, seconded by Councillor Woo That Item 1(p) – Correspondence from Judy Mead, President, Autism Home Base Durham, expressing appreciation for the Community Grant, be received for information. Carried Councillor Neal returned to the meeting. Councillor Partner stated a pecuniary interest with respect to Item 11 of the General Government Committee Report as it pertains to the Orono Santa Claus Parade as she is the Chair of the Orono Santa Claus Parade Committee and left the Council Chambers during discussion and voting on this matter. Mayor Foster stated a pecuniary interest with respect to Item 11 of the General Government Committee Report as it pertains to the Bowmanville Figure Skating Club as his son is working on a contract for Skate Canada and left the Council Chambers during discussion and voting on this matter. Councillor Woo assumed the Chair. Item 11 – Sponsorship Requests for Bowmanville Figure Skating Club, Clarington Zone Hockey Association, Newcastle Santa Claus Parade, Tyrone Community Centre and the Orono Santa Claus Parade Resolution #C-331-15 Moved by Councillor Traill, seconded by Councillor Cooke That Report CSD-015-15 be received; That the sponsorship request for the Bowmanville Figure Skating Club in the amount of $2500.00, be approved; That the sponsorship request for the Clarington Zone Hockey Association in the amount of $1200.00, be approved; That the sponsorship request for the Newcastle Business Improvement Association in the amount of $300.00, be approved; - 6 - Council Minutes December 14, 2015 That the sponsorship request for the Tyrone Community Centre in the amount of $500.00, be approved; That the sponsorship request for the Orono Downtown Business Improvement Association in the amount of $300.00, be approved; and That all interested parties listed in Report CSD-015-15 and any delegations be advised of Council’s decision. Carried Mayor Foster and Councillor Partner returned to the meeting. Mayor Foster resumed the Chair. Item 18 – EFW-ACC Monitoring Program Resolution #C-332-15 Moved by Councillor Neal, seconded by Councillor Traill That Item 18 of the General Government Committee Report of November 30, 2015, be tabled until the next Council meeting. Carried 10.3 Planning & Development Committee Report of December 7, 2015 Resolution #C-333-15 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of December 7, 2015 be approved, on consent, with the exception of Item #3. Carried Item 3 – An Application Priority Green Clarington Green Development Framework and Implementation Plan Resolution #C-334-15 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD-060-15 be received; That Council endorse the green development framework described within the Priority Green Clarington: Green Development Framework and Implementation Plan (Attachment 1 to Report PSD-060-15); - 7 - Council Minutes December 14, 2015 That Council authorize Staff to submit Attachment 1 and the related supporting studies to the Federation of Canadian Municipalities in accordance with the final report requirements of our Green Municipal Fund Grant Agreement; That Council authorize Staff to implement the 2016-2017 action plan contained in Report PSD-060-15 (Attachment 1, Section 7); That Council authorize Staff to apply for funding opportunities to support the action plan items, where identified; and That all interested parties listed in Report PSD-060-15 and any delegations be advised of Council's decision. Carried later in the meeting Resolution #C-335-15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-334-15 be amended by adding: “That the Municipality of Clarington request that builders consider using alternatives to shingled roofs”. Motion Withdrawn The foregoing Resolution #C-334-15 was then put to a vote and carried. 11 Staff Reports There were no Staff Reports introduced under this Section of the Agenda. 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion introduced under this Section of the Agenda. 13 Unfinished Business There was no Unfinished Business considered under this Section of the Agenda. - 8 - Council Minutes December 14, 2015 14 By-laws By-law 2015-087 was withdrawn due to Item 13 of the General Government Committee Report being received for information. Resolution #C-336-15 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2015-084 to 2015-086 and 2015-088 to 2015-090 14.1 2015-084 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 (Item 8 of the General Government Committee Report) 14.2 2015-085 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 (Item 9 of the General Government Committee Report) 14.3 2015-086 Being a By-law to require payment of fees for services and amend Schedule B of the Fee By-law 2010-142 (Item 10 of the General Government Committee Report) 14.4 2015-088 Being a By-law to authorize an Interim Tax levy for 2016 (Item 16 of the General Government Committee Report) 14.5 2015-089 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Gyaltsan Property Management Inc.) (Item 4 of the Planning & Development Committee Report) 14.6 2015-090 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Zemer Holdings Ltd.) (Item 6 of the Planning & Development Committee Report); and That the said by-laws be approved. Carried - 9 - Council Clarington Minutes December 14, 2015 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business There was no Other Business introduced under this Section of the Agenda. 17 Confirming By-Law Resolution #C-337-15 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2015-091, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of December, 2015; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-338-15 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 9:00 PM. r Carried S Mayor Municipal Clerk i i i i - 10 - I