HomeMy WebLinkAbout01-18-2016 (Adopted as amended)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 Partner led the meeting in a moment of reflection.
3 Disclosures of Pecuniary Interest
There were no pecuniary interests stated for this meeting.
4 Announcements
Members of Council announced upcoming community events and matters of community
interest.
5 Adoption of Minutes of Previous Meeting
Resolution #C-001-16
Moved by Councillor Traill, seconded by Councillor Woo
That the minutes of a regular meeting of Council December 14, 2015, be approved.
Carried
6 Presentations
6.1 Mayor Foster — Annual Address
Mayor Foster provided a recap of Municipal achievements in 2015. He advised that
each Department Head had provided a list of their Department's successes and
accomplishments over the year beyond their regular day-to-day activities, but due to
timing, he would be unable to read out the entire list. Mayor Foster highlighted the
following milestones:
• Emergency and Fire Services Department - 20th Anniversary of the Junior
Firefighter Program
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• Clerk's Department - Bi-Annual Volunteer Recognition Program, new Agenda,
Procedural By-law Update and E-Agenda project
• Finance Department — Assisting the Clarington Museum with their accounting
functions, conducting research on the ice storm which resulted in the Municipality
receiving $876,000 (2/3 of the cost of the ice storm)
• Planning Department — Priority Green Proposal is moving forward, staff dealt with
800 new planning applications on housing and industrial units, held 22 Statutory
Public meetings, four Public Information Centres on the Official Plan Review, four
Public Information Centres on development applications, attended 76 community
meetings, and 50 pre-consultation meetings with applicants, the "Before I Die"
initiative, progress on the Jury Lands Foundation and 175 Planning &
Development staff reports were considered by Council
• Corporate Services Department — Newly designed and accessible website,
working with the Clarington Board of Trade, hired a Tourism Coordinator and
developed a model for service
• Community Services — Pan Am Games Torch Relay, re-vamp of the Sports Hall
of Fame, Clarington Library expansion, Older Adult Strategy, re-opening of the
Allan Strike Aquatic and Squash Centre, receipt of $450,000 from the Canada
150 grant for expansion and improvements at the Garnet B. Rickard Recreation
Complex, staff of the Rickard Complex were nominated by CCD Clarington for
their Annual Community Service Recognition Award, partnerships secured with
Veridian and Fit Contracts for rooftop solar
• Engineering Department — Green Road project, increased round-a-bouts, 27%
increase in Building Permit values by the end of September over 2014
• Operations — incredible feedback on the mobile stage, largest Rotary Ribfest,
receipt of Exceptional Achievement Municipal Award from the United Way for
three years in a row
Mayor Foster stated the list was only the tip of the iceberg and requested Department
Heads to convey Council's appreciation for the accomplishments realized in 2015 and
suggested that 2016 will be as busy and successful as 2015.
7 Delegations
7.1 Clint Cole — Clarington Transformer Station —Additional Professional Services
Clint Cole, Member, Enniskillen Environmental Association, addressed Council
concerning Item 8 of the Planning & Development Committee Report - Clarington
Transformer Station — Additional Professional Services. Mr. Cole thanked Council for
their support to move forward on Tritium testing, noting the Clarington Transformer
Station site is located on a very complex water aquifer that to date, is not well
understood. Mr. Cole advised of the recent announcement by Ontario Power
Generation that the Pickering Nuclear Generating Station will remain operational until at
least 2024, which may provide an opportunity to slow the Clarington Transformer
Station project down to allow for increased due diligence as there is no urgent need now
to complete the project by 2017 to replace the Pickering station.
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January 18, 2016
Mr. Cole highlighted the current status of the private well monitoring program noting test
results have indicated 11 of the 25 private wells are contaminated with coliform and e -
coli and that Farewell Creek, which is in close proximity to three contaminated shallow
wells, shows readings of 80+coliform and 26 a -coli. Mr. Cole stated that a
representative from Stantec has indicated that the contamination is not related to the
Hydro One construction but suggests the contamination is from fecal matter from
livestock or decaying vegetation and that the contaminated wells are in a separate
watershed. Mr. Cole stated that the Enniskillen Environmental Association has
completed six tritium tests noting that five out of the six wells are not protected against
cadmium, lead, mercury or mineral oil. Mr. Cole expressed concern that SLR cannot
investigate the source of the contamination as it is not part of the contract stipulated by
Hydro One. He also expressed concern that the tritium results do not support the SLR
conceptual model and that the conceptual model has never been subjected to a peer
review.
Resolution #C-002-16
Moved by Councillor Neal, seconded by Councillor Traill
That the delegation of Clint Cole be extended for two minutes.
Carried
Mr. Cole summarized by requesting Council to undertake the Tritium/He-3 testing as
outlined in the proposal by Dr. Cherry dated January 18, 2016 and to conduct a cost
analysis to bring municipal water to the residents in proximity to the Clarington
Transformer Station.
Clint Cole responded to questions from Members of Council.
Mr. Cole confirmed that the recommended testing as outlined in Dr. Cherry's proposal of
January 18, 2016 was preferable to the recommendation contained in Item 8 of the
Planning & Development Committee Report. He believes it is a viable plan both
financially and expertly. Mr. Cole also confirmed that Dr. Cherry's letter will be brought
to the attention of Granville Anderson, MPP.
Resolution #C-003-16
Moved by Councillor Neal, seconded by Councillor Partner
That the Order of the Agenda be altered to consider Item 9.1 at this time.
Carried
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9 Communications — Direction
9.1 John Cherry, Ph.D, P.Eng, Distinguished Emeritus Professor, University of
Waterloo, Director, University Consortium for Groundwater Contamination
Research, University of Guelph — Tritium/He3 Testing for Municipality of
Clarington
Resolution #C-004-16
Moved by Councillor Neal, seconded by Councillor Partner
That correspondence Item 9.1 from John Cherry, Ph.D, P.Eng, Distinguished Emeritus
Professor, University of Waterloo, Director, University Consortium for Groundwater
Contamination Research, University of Guelph, with respect to Tritium/He3 Testing for
Municipality of Clarington, be referred for consideration during discussion of Item 8 of
the Planning & Development Committee Report.
Carried
Resolution #C-005-16
Moved by Councillor Neal, seconded by Councillor Woo
That the Order of the Agenda be altered to consider Item 8 of the Planning &
Development Committee Report at this time.
Carried
10 Committee Reports
10.3 Planning & Development Committee Report of January 11, 2016
Item 8 - Clarington Transformer Station — Additional Professional Services
Resolution #C-006-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the issue of further tritium testing of the wells in the vicinity of the Clarington
Transformer Station be referred to staff to report back at the next Council meeting as to
whether any co-operation needed from Stantec/Hydro One and any other agencies to
carry out the proposal of Dr. Cherry dated January 18, 2016 can be obtained.
Carried
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8 Communications — Receive for Information
8.1 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Region of
Durham — Aggregate Levies
Resolution #C-007-16
Moved by Councillor Neal, seconded by Councillor Cooke
That correspondence Item 8.1 from Debi A. Wilcox, Regional Clerk/Director of
Legislative Services, Region of Durham, with respect to aggregate levies, be received
for information.
Carried
10 Committee Reports (cont'd)
10.1 Advisory Committee Reports
10.1.1 Minutes of the Agricultural Advisory Committee of Clarington December 10,
2015
10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated December 8, 2015
10.1.3 Minutes of the Clarington Accessibility Advisory Committee dated
September 2, October 7, and November 3, 2015
10.1.4 Minutes of Bowmanville Santa Claus Parade Committee dated January 20,
April 21, September 8, September 22, October 6, October 20, November 3,
and December 1, 2015
10.1.5 Minutes of the Orono Arena Community Centre Board dated June 23 and
October 27, 2015
10.1.6 Minutes of the Newcastle Memorial Arena Management Board dated
November 10, 2015
10.1.7 Minutes of the Clarington Museums Board dated November 11, 2015
10.1.8 Minutes of the Abandoned Cemetery Committee dated December 3, 2015
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Resolution #C-008-16
Moved by Councillor Cooke, seconded by Councillor Hooper
That
10.1.1 Minutes of the Agricultural Advisory Committee of Clarington December 10, 2015
10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated December 8, 2015
10.1.3 Minutes of the Clarington Accessibility Advisory Committee dated September 2,
October 7, and November 3, 2015
10.1.4 Minutes of Bowmanville Santa Claus Parade Committee dated January 20, April
21, September 8, September 22, October 6, October 20, November 3, and
December 1, 2015
10.1.5 Minutes of the Orono Arena Community Centre Board dated June 23 and
October 27, 2015
10.1.6 Minutes of the Newcastle Memorial Arena Management Board dated
November 10, 2015
10.1.7 Minutes of the Clarington Museums Board dated November 11, 2015
10.1.8 Minutes of the Abandoned Cemetery Committee dated December 3, 2015
be received for information, with the exception of Item 10.1.6.
Carried
10.1.6 Minutes of the Newcastle Memorial Arena Management Board dated
November 10, 2015
Resolution #C-009-16
Moved by Councillor Partner, seconded by Councillor Woo
That the Minutes of the Newcastle Memorial Arena Management Board dated
November 10, 2015, be received as corrected to reflect Councillor Partner being in
attendance at the meeting.
Carried
Resolution #C-010-16
Moved by Councillor Neal, seconded by Councillor Partner
That Council recess for five minutes.
Carried
The meeting reconvened at 8:25 PM,
10.2 General Government Committee Report of January 4, 2016
Resolution #C-011-16
Moved by Councillor Neal, seconded by Councillor Cooke
Council
Minutes
January 18, 2016
That the recommendations contained in the General Government Committee Report of
January 4, 2016 be approved, on consent, with the exception of items #2, #8, #11, #12,
and #13.
Carried
Item 2 was pulled by Councillor Neal to be decided on by a recorded vote.
Item 2 - H.S. Hughes, Mayor, Township of Oro Medonte — Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA)
That the following Township of Oro-Medonte resolution, regarding Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA), be endorsed by the Municipality of
Clarington:
Whereas the Council of The Corporation of the Township of Oro-Medonte recognizes
that pursuant to the Municipal Freedom of Information and Protection of Privacy Act
("MFIPPA"), it has an obligation to provide a right of access to the public to information
under its control, with limited and specific exemptions and to protect the privacy of
individuals with respect to their personal information held by the Township;
And Whereas Ontario Regulation 823 issued under MFIPPA sets out the fees that may
be charged to and collected from those persons making a request for access to records;
And Whereas the amount of the fees set out in Ontario Regulation 823 were established
over 20 years ago and have not been updated and do not reflect anywhere near the
actual costs incurred;
And Whereas such fees do not cover the actual costs incurred in responding to
requests for information and for providing access to records in accordance with the
provisions of MFIPPA;
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And Whereas in the last year the Township has incurred almost $60,000 in net costs,
including for computer forensic assistance and for legal advice, in responding to
requests and in simply issuing fee estimates for access to requested records;
And Whereas after considerable staff time and costs incurred to issue various fee
estimates for access to requested records, 3 fee estimates were appealed to the
Information and Privacy Commissioner of Ontario, pursuant to MFIPPA, and the
requester subsequently chose not to proceed with the appeals and chose to not
proceed with any of the 3 requests;
And Whereas in such situations there is no mechanism in MFIPPA or in Ontario
Regulation 823 that would allow the Township to recover any of the substantial fees
incurred, leaving such costs as a burden to the Township's taxpayers;
Now therefore the Council of The Corporation of the Township of Oro-Medonte resolves
that correspondence, under the Mayor's signature, be forwarded to the Minister of
Municipal Affairs and Housing to request a review and update of the fees provisions in
MFIPPA and in Ontario Regulation 823 to ensure that they are more reflective of current
and actual costs incurred in responding to requests for access to requested records and
to ensure they include provisions for the collection of all or part of the costs involved in
preparing fee estimates for requesters;
That such letter be circulated to County of Simcoe, Cities of Barrie and Orillia, Simcoe
County Municipalities, all other Ontario Municipalities, Patrick Brown, Simcoe North
MPP, the Association of Municipalities of Ontario and the Association of Municipal
Managers, Clerks and Treasurers of Ontario for their support.
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 8 - Emerald Ash Borer Update
Resolution #C-013-16
Moved by Councillor Neal, seconded by Councillor Woo
That Report OPD -002-16 be received for information;
Council
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That Council acknowledge an over -budget expenditure of $99,141.20 in the 2015
Operations Department brush/tree - contract account, that has been offset by the
Operations Department 2015 gravel patch/resurfacing account, to provide for the
removal and replacement of approximately two hundred and forty Ash trees affected by
the Emerald Ash Borer beetle;
That Council provide pre-budget approval for the 2016 brush/tree — contract account, in
the amount of $123,521.21, net HST, to proceed with the award of an existing tender for
the removal of another eight hundred and thirty infected Ash trees throughout the
municipality;
That Council provide direction on the approval of a $125,000 budget in the brush/tree —
contract account, from 2017 to 2019, inclusive, to continue with the removal of the
remaining Ash trees in the municipality;
That Council consider, during the 2016 budget process, an additional budget of
$188,000 in the 2016 brush/tree — contract account to replant an estimated six hundred
Ash trees that will be removed from boulevards; and
That Council consider, during the 2017 to 2019 budget process, an additional budget of
$188,000, in the brush/tree — contract account, until all of the twenty-five hundred
boulevard Ash trees have been replaced.
Carried
Item 11 - Election Signs
Resolution #C-014-16
Moved by Councillor Neal, seconded by Councillor Cooke
That the By-law attached to Report CLD-004-16, as Attachment 1 to regulate Election
Signs, be approved with the following amendments:
1. the displaying of election signs is prohibited within any visibility triangle;
2. the sign size be consistent throughout the municipality regardless of the zoning
on a property;
3. the sign height cannot exceed 1.22 metres;
4. the sign width cannot exceed 2.44 metres;
5. the total sign height cannot exceed 1.5 metres (from grade to the top of the sign
structure); and
6. the payment of the $250 deposit must be made before any election signs for the
candidate are displayed;
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That By-law 2010-015, being an amendment to By-law 2009-123 be repealed; and
That all interested parties listed in Report CLD -004-16 and any delegations be advised
of Council's actions.
Referred
(See following motions)
Resolution #C-015-16
Moved by Councillor Traill, seconded by Councillor Partner
That the foregoing Resolution #C-014-16 be amended such that the total ban on
election signs from all highways which are under the jurisdiction of the Municipality be
struck.
Referred
(See following motion)
Resolution #C-016-16
Moved by Councillor Traill, seconded by Councillor Hooper
That the sign placement portion of Item 11 — Election Signs of the General Government
Committee Report of January 4, 2016, be referred to staff for a report back to the next
General Government Committee meeting.
Carried
Item 12 - John Howard Society — Lease Extension — 132 Church Street,
Bowmanville
Resolution #C-017-16
Moved by Councillor Cooke, seconded by Councillor Woo
That Report COD -002-16 be received;
That approval be granted for the Municipality to extend the lease agreement with the
John Howard Society for the existing leased space at 132 Church Street, Bowmanville,
in the amount of $15,129.51 per year (exclusive of H.S.T) for a five year period
commencing on January 1, 2016 and subject to a yearly rate increase based on the
Consumer Price Index, All Items, Ontario (most recent month) and the Lease Extension
for the John Howard Society for the existing leased space at 132 Church Street,
Bowmanville, in the amount of $15,129.51 per year for the term of January 1, 2016 to
December 31, 2020 be approved;
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That approval be granted for the Municipality to extend the lease agreement with the
Community Living Oshawa / Clarington for the existing leased space at 132 Church
Street, Bowmanville, in the amount of $15,129.51 per year (exclusive of H.S.T) prorated
on a month by month period commencing on January 1, 2016 until they are able to
relocate; and
That the Mayor and the Municipal Clerk be authorized to execute the lease extension
agreements with the John Howard Society and Community Living Oshawa / Clarington.
Carried
Item 13 - Well Interference on the West Side of Regional Road 57
Resolution #C-018-16
Moved by Councillor Hooper, seconded by Councillor Neal
Whereas there seems to be some issues regarding well interference to existing
residents on the west side of Regional Road 57 (Old Scugog Neighbourhood);
Now therefore is be resolved that Staff organize a Public Information Centre (PIC), as
soon as possible, to discuss the impacts that development on the east side of Regional
Road 57 has (or will have) on the existing residents; and
That the developers, Regional staff representation who could give comments, as well as
appropriate municipal staff, the Ministry of the Environment and Climate Change
representation, and residents be invited to discuss the issues that are now impacting
residents.
Carried
13 Unfinished Business
Resolution #C-019-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Item 18 of the General Government Committee Report of November 30, 2015, be
lifted from the table.
Carried
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Resolution #C-020-16
Moved by Councillor Cooke, seconded by Councillor Neal
That, to reaffirm that the existing Energy from Waste Facility Environmental Monitoring
Program meets all regulatory requirements and exceeds Regional Council approved
monitoring plans:
a. The Regional Municipality of Durham undertake an additional stack test as
early as possible in 2016;
b. The third party, independent and impartial testing agent approved by the
Commissioner of Works be retained to carry out an additional stack test;
and
c. An independent report of data collected and analysed be presented to the
Regional Council and the Municipality of Clarington.
Carried
10 Committee Reports (cont'd)
10.3 Planning & Development Committee Report of January 11, 2016 (Cont'd)
Resolution #C-021-16
Moved by Councillor Woo, seconded by Councillor Traill
That the recommendations contained in the Planning & Development Committee Report
of January 11, 2016 be approved, on consent, with the exception of Item #10.
Carried
Item 8 — Clarington Transformer Station — Additional Professional Services was
considered earlier in the meeting.
Item 10 - Courtice Main Street Community Improvement Plan
Resolution #C-022-16
Moved by Councillor Neal, seconded by Councillor Cooke
That Report COD -001-16 be received;
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That approval be granted for the Municipality to award Request for Proposal
RFP2015-12 for the provision of Courtice Main Street Community Improvement Plan to
Dillon Consulting Limited, being the highest ranked proposal meeting all terms,
conditions and specifications of the aforementioned Request for Proposal; and
That the funds required in the amount of $59,245.38 (net HST Rebate) be drawn from
the following account:
Unclassified Administration
Professional Fees 100-21-211-00000-7161 $59,245.38.
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.
14 By-laws
By-law 2016-004 was withdrawn due to Item 11 of the General Government Committee
Report being referred to the next General Government Committee meeting.
Resolution #C-023-16
Moved by Councillor Hooper, seconded by Councillor Neal
That leave be granted to introduce By-laws 2016-001 to 2016-003 and 2016-005 to
2016-007
14.1 2016-001 Being a By-law to to establish certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of
Clarington, and to name them (Item 5 of the General Government
Committee Report)
14.2 2016-002 Being a By-law to to provide for the maintenance, management,
regulation and control of the cemeteries in the Municipality of
Clarington (Item 7 of the General Government Committee Report)
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14.3 2016-003 Being a By-law to regulate the clearing away and removal of snow
and ice from the roofs of buildings and from sidewalks within the
Municipality of Clarington and to amend By-law 93-144 (Item 9 of
the General Government Committee Report)
14.4 2016-005 Being a By-law to designate the property known for municipal
purposes as 1640 Concession Road 9, Municipality of Clarington
as a property of historic or architectural value or interest under the
Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 (Approved by
Council November 23, 2015 )
14.5 2016-006 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.) (Approved by Council September 8, 2014)
14.6 2016-007 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington (South
Bowmanville Ltd.) (Item 7 of the Planning & Development
Committee Report); and
That the said by-laws be approved.
Carried
11 Procedural Notices of Motion
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
12 Other Business
There was no Other Business introduced under this Section of the Agenda.
13 Confirming By -Law
Resolution #C-024-16
Moved by Councillor Hooper, seconded by Councillor Neal
That leave be granted to introduce By-law 2016-008, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held on
the 18th day of January 2016; and
That the said by-law be approved.
Carried
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14 Adjournment
Resolution #C-025-16
Moved by Councillor Partner, seconded by Councillor Cooke
That the meeting adjourn at 9:10 PM.
Carried
r
Mayor- = Municipal Clerk
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