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HomeMy WebLinkAbout09/19/2016Final Council Agenda Date: September 19, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at cfleming@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net Council Agenda Date: September 19, 2016 Time: 7:00 PM Place: Council Chambers Page 1 1 Call to Order 2 Moment of Reflection 3 Declaration of Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) 5.1 Minutes of a regular meeting of Council July 4, 2016 Page 5 6 Presentations 6.1 Spencer Holder – Certificate of Recognition for CHAMP Program 7 Delegations There are no Delegations scheduled for this meeting. 8 Communications – Receive for Information There are no Communications to be received for information. 9 Communications – Direction 9.1 Flag Raising Sawyer Arnold, Transgender Relations Director, PFLAG Durham Region (Motion to approve Raising of the Trans Flag on November 1, 2016) Page 28 Council Agenda Date: September 19, 2016 Time: 7:00 PM Place: Council Chambers Page 2 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Agricultural Committee Minutes Minutes of the Agricultural Advisory Committee of Clarington dated July 14, and August 25, 2016 Page 30 10.1.2 Museum and Archives Board Minutes Minutes of the Clarington Museum and Archives Board dated August 23, 2016 (Confidential Attachment distributed under separate cover) Page 37 10.2 General Government Committee Report of September 6, 2016 Page 40 10.3 Planning and Development Committee Report of September 12, 2016 Page 48 11 Staff Reports 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 CLD-024-16 Appointment to the Clarington Museum and Archives Board (Tabled to Council by the General Government Committee on September 6, 2016) (Confidential Attachment distributed under separate cover) Page 50 Council Agenda Date: September 19, 2016 Time: 7:00 PM Place: Council Chambers Page 3 14 By-laws 14.1 2016-070 Being a By-law to exempt a certain portion of Registered Plan 40M-2560 (Blocks 158, 159, 160, 161 and 162) from Part Lot Control 14.2 2016-071 Being a By-law to exempt a certain portion of Registered Plan (Bocks 156, 157, 163 and 164) from Part Lot Control 14.3 2016-072 Being a by-law to provide for the Tariff of Rates for 2015 to 2018, maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington (Item 9 of the General Government Committee Report) 14.4 2016-073 Being a By-law to define and determine the duties and responsibilities of the Chief Administrative Officer (Item 10 of the General Government Committee Report) 14.5 2016-074 Being a By-law to appoint Mr. Curry Clifford as the Interim Chief Administrative Officer (Item 10 of the General Government Committee Report) 14.6 2016-075 Being a By-law to amend By-law 2015-029, a by-law to govern the proceedings of the Council of the municipality of Clarington, its General Government Committee, its Planning and Development Committee, and Special Committees (Item 13 of the General Government Committee Report) (Copy of By-law attached) Page 53 15 Procedural Notices of Motion 16 Other Business 17 Confirming By-Law 18 Adjournment Council Minutes July 4, 2016 - 1 - Minutes of a regular meeting of Council held on July 4, 2016, at 7:00 PM, and reconvening on July 6, 2016, at 2:00 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, G. Acorn, A. Allison, T. Cannella, D. Crome, F. Horvath, M. Marano, N. Taylor, 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 Woo led the meeting in a moment of reflection. 3 Declaration of Interest There were no declarations of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Resolution #C-170-16 Moved by Councillor Neal, seconded by Councillor Woo That the Rules of Procedure be suspended to permit the application of Marianne Tracey to be considered for appointment to the Committee of Adjustment. Carried 5 Adoption of Minutes of Previous Meeting Resolution #C-171-16 Moved by Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of Council June 13, 2016, be approved. Carried 6 Presentations There were no Presentations scheduled for this meeting. 5 Council Minutes July 4, 2016 - 2 - 7 Delegations Erin O’Toole MP, Durham, addressed Council concerning Staff Report #11.1 – Report EGD-033-16 – Light Armoured Vehicle (LAV) Monument. MP O’Toole provided an update on the Highway of Heroes LAV Monument Program in Clarington and requested Council’s support in providing an exemption to the Purchasing by-law to allow sole sourcing of the construction of the Monument. MP O’Toole introduced Logan Caswell, LAV Monument Committee Member, Tom Quigley and Colin Rowe, LAV Monument Committee Members and Veterans. MP O’Toole indicated the LAV Monument Program has both a National significance and a local element. He noted the Monument will be constructed at Clarington Fields, due to its proximity to the Highway of Heroes, and will provide a local point of reflection and serve as an ability to educate. He noted the LAV was the iconic vehicle of the Canadian Armed Forces Mission in Afghanistan and the Monument will reflect the modern remembrance of that mission. MP O’Toole highlighted the Committee’s fundraising efforts and partnership support. MP O’Toole stated the plan is to unveil the Monument on September 24, 2016 as the finish line for Day 1 of the Wounded Warriors Canada Highway of Heroes Bike Ride. He thanked Council for their support and leadership of the project, and requested their indulgence in permitting the exemption to the by-law to keep the project on time and on target. Logan Caswell commented on the outpouring of support the project has received. Resolution #C-172-16 Moved by Councillor Cooke, seconded by Councillor Hooper That the Order of the Agenda be altered to consider Staff Report 11.1 - Report EGD-033-16 at this time. Carried 11 Staff Reports 11.1 Report EGD-033-16 – Light Armoured Vehicle (LAV) Monument Resolution #C-173-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report EGD-033-16 be received; That funds amounting to Twenty thousand dollars ($20,000) comprised of $10,000 from Engineering Parks Capital Reserve Fund and $10,000 from General Capital Reserve be approved as the Municipality’s contribution to the construction of the LAV Monument; 6 Council Minutes July 4, 2016 - 3 - That under the single source provision of the Municipality’s Purchasing By-Law, Council grant staff the authority to negotiate an agreement with Halminen Homes in a form acceptable to the Municipal Solicitor to construct an LAV monument at Clarington Fields Park which will include the concrete pad, retaining walls, viewing area and landscaping of the monument area; That the Mayor and Municipal Clerk be authorized to execute the agreement with Halminen Homes; and That all interested parties listed in Report EGD-033-16 and any delegations be advised of Council’s decision. Carried 7 Delegations (cont’d) Cameron Mountenay was called but was not in attendance. Stan Zuly addressed Council concerning Item 33 of the General Government Committee Report - Bond Head Park Expansion and Transportation Improvements. Mr. Zuly stated that following extensive discussions with Councillor Partner and Councillor Woo, a reasonable solution has been reached and it will now not be necessary for him to speak at length or for other delegates who have also requested to address Council this evening to speak. Mr. Zuly stated that interested residents in attendance at the meeting would remain to hear Council’s deliberations on the matter. Resolution #C-174-16 Moved by Councillor Partner, seconded by Councillor Woo That the Order of the Agenda be altered to consider Item 33 of the General Government Committee Report at this time. Carried 10 Committee Reports 10.2 General Government Committee Report of June 20, 2016 Item 33 – GG-181-16 Resolution Regarding Bond Head Park Expansion and Transportation Improvements Resolution #C-175-16 Moved by Councillor Partner, seconded by Councillor Woo Whereas it is Clarington’s normal practice to obtain Council’s approval for a construction project prior to proceeding with detailed design; 7 Council Minutes July 4, 2016 - 4 - And whereas the Mill Street South area is unique in its design considerations; And whereas the Municipality of Clarington must conduct business in an open manner that is accountable and transparent; Now therefore be it resolved that the Director of Engineering Services be authorized to proceed with a detailed design of transportation improvements on the west side of Mill Street south that include a 1.5 metre wide permeable path designed in special consideration of a comprehensive tree preservation plan, prior to Council’s final approval of the construction project; That, once the specifics of the detailed design are available, Staff be directed to conduct an on-site Public Information Centre (PIC) out in the field so that those details can be provided with the public’s full knowledge and observation; That the on-site PIC be conducted before a report is taken forward to Committee in September; That the Director of Engineering Services be directed to report back to the September 26, 2016 General Government Committee meeting, with information that will assist Council in making a decision on whether to proceed with the construction project including input arising from the on-site PIC; That the cost of the detailed design be authorized to be expended from Account #: 110-320330-83263-7401, with an approximate cost of $30,000; That this does not preclude future consideration of the three (3) connectivity route options originally presented in Report EGD-008-16; and That all interested parties on file in the Engineering Services Department, and any delegations, be advised of Council’s decision. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Mayor Foster √ 8 Council Minutes July 4, 2016 - 5 - 9 Communications - Direction 9.3 Stan Zuly – Report EGD-008-16 - Bond Head Park Expansion and Transportation Improvements Resolution #C-176-16 Moved by Councillor Woo, seconded by Councillor Partner That the Order of the Agenda be altered to consider Correspondence item 9.3 at this time; and That Stan Zuly be advised of actions taken with respect to item 33 of the General Government Committee Report. Carried 7 Delegations (cont’d) Kelly Ryan, Practice Leader, Buffett Taylor, advised Council that he was in attendance to respond to any questions regarding Item 13.2 of Unfinished Business - Report COD-015-16 – Provision of Employee Group Benefits. Earlier in the meeting, Stan Zuly advised that Ann-Marie Harley would not be addressing Council this evening. Earlier in the meeting, Stan Zuly advised that David Walton-Ball would not be addressing Council this evening. Earlier in the meeting, Stan Zuly advised that David Pratt would not be addressing Council this evening. Earlier in the meeting, Stan Zuly advised that Jeanne Lise would not be addressing Council this evening. 8 Communications – Receive for information There were no Communications to be received for information. 9 Council Minutes July 4, 2016 - 6 - 9 Communications – Direction (cont’d) Lawson Gay, President, Clarington Board of Trade and Office of Economic Development – Pickering Airport Lands Resolution #C-177-16 Moved by Councillor Hooper, seconded by Councillor Cooke That the Council of the Municipality of Clarington endorses the correspondence dated June 15, 2016, from the Clarington Board of Trade and Office of Economic Development, and endorses the Pickering Airport development as a strong and positive move for Clarington and Durham business growth. Carried Mary Medeiros, Acting City Clerk, City of Oshawa – Electric Vehicle Production for Oshawa G.M. Autoworkers Resolution #C-178-16 Moved by Councillor Traill, seconded by Councillor Woo That the Municipality of Clarington endorse the following resolution of the City of Oshawa: “W hereas thousands of men and women from Oshawa and surrounding areas have proven over almost 100 years of automobile manufacturing in our City that their skills and workmanship merit international Awards for Quality and Productivity; and Whereas a recent Economic Impact Study concluded that the Oshawa General Motors operations sustain more than 30,000 jobs throughout the economy and generate economic activity that brings in more than $1 billion in tax revenue to federal and provincial governments each year; and, Whereas workers in Oshawa assembly and feeder plant operations have proven time and time again that they are capable of shifting production to new methods and new vehicles while maintaining essential quality and productivity; and, Whereas, just one example of production workers proven capacity for change was the shifting during war times to the production of vehicles and equipment needed by our military; and, Whereas workers fully understand on-going changes in direction for the automotive industry, while also having proven their versatility to meet those new directions; 10 Council Minutes July 4, 2016 - 7 - Be it resolved that Oshawa and area workers be the first considered to once again prove their skills, willingness, and capacity to contribute to the economic fortunes of General Motors of Canada Limited, our area communities, Ontario, and Canada by assigning electric vehicle production to the Oshawa plants; and, That this motion be forwarded to the Councils of the Regional Municipality of Durham, Pickering, Ajax, Whitby, Clarington, Uxbridge, Brock and Scugog, requesting their endorsation.” Carried Stan Zuly – Report EGD-008-16 - Bond Head Park Expansion and Transportation Improvements Correspondence Item 9.3 was considered earlier in the meeting. Michael Hackenberger, Bowmanville Zoo – Request for Permission to Hang Banners Resolution #C-179-16 Moved by Councillor Traill, seconded by Councillor Woo That the request from Michael Hackenberger, Bowmanville Zoo, to permit masts and banners to be placed in the Municipal right-of-way along the frontage of his property be approved, subject to the standards deemed reasonable by the Engineering Services Department. Carried as amended (See following motion) Resolution #C-180-16 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-179-16 be amended to add: That Michael Hackenberger indemnify and hold the Municipality of Clarington harmless for any and all claims arising from the installation of the banners and provide proof of insurance in the amount of $2 million with the Municipality of Clarington as an additional insured. Carried The foregoing Resolution #C-179-16 was then put to a vote and carried as amended. 11 Council Minutes July 4, 2016 - 8 - 10 Committee Reports (cont’d) Advisory Committee Reports 10.1.1 Minutes of the Clarington Museum and Archives Board dated April 16, 2016 and June 8, 2016 10.1.2 Minutes of the Newcastle Memorial Arena Management Board dated April 12, 2016 10.1.3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 14, 2016 10.1.4 Minutes of the Agricultural Advisory Committee of Clarington dated June 9, 2016 10.1.5 Minutes of the Clarington Heritage Committee dated June 21, 2016 Resolution #C-181-16 Moved by Councillor Neal, seconded by Councillor Hooper That 10.1.1. Minutes of the Clarington Museum and Archives Board dated April 16, 2016 and June 8, 2016 10.1.2 Minutes of the Newcastle Memorial Arena Management Board dated April 12, 2016 10.1.3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 14, 2016 10.1.4 Minutes of the Agricultural Advisory Committee of Clarington dated June 9, 2016 10.1.5 Minutes of the Clarington Heritage Committee dated June 21, 2016; and be received for information. Carried 12 Council Minutes July 4, 2016 - 9 - General Government Committee Report of June 20, 2016 (cont’d) Item 33 of the General Government Committee report was considered earlier in the meeting. Resolution #C-182-16 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of June 20/22, 2016 be approved, on consent, with the exception of items #1(g), #5, #6, #7, #18 - Sponsorship Application #S16-20 (Overdrive Race and Relay Series), #32, and #33. Carried Item 1(g) - EGD-029-16 Pedestrian Safety at Vincent Massey Public School Resolution #C-183-16 Moved by Councillor Traill, seconded by Councillor Woo That Report EGD-029-16 be received for information. Carried Item 5 - John Higo, Autism Ontario Durham Region, Regarding the Ontario Autism Program Resolution #C-184-16 Moved by Councillor Cooke, seconded by Councillor Hooper Whereas the Council of the Municipality of Clarington endorsed the resolution at the General Government Committee meeting of June 20, 2016, requesting several improvements to the Ontario Autism Program; And Whereas the Province recently announced additional funding for the Ontario Autism Program; Now therefore be it resolved that the Municipality of Clarington support the Province’s endeavour and advise the Province of this support. Carried 13 Council Minutes July 4, 2016 - 10 - Item 6 – Long Term Plan for the West Beach Waterfront Resolution #C-185-16 Moved by Councillor Traill, seconded by Councillor Woo That Report EGD-018-16 be received; That Addendum to Report EGD-018-16 be received; That the parking space immediately adjacent to 103 West Beach be removed and replaced with a decorative landscape features; and that the remaining parking spaces remain open; and That all interested parties listed in Addendum to Report EGD-018-16 and any delegations be advised of Council’s decision. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Mayor Foster √ Item 7 - Jeany Barrett Regarding a Newcastles of the World Update Resolution #C-186-16 Moved by Councillor Neal, seconded by Councillor Partner That the delegation of Jeany Barrett, regarding a Newcastles of the World Update, be received with thanks. Carried Item 18 - 2016 Community Event Sponsorship Requests – Spring Intake Sponsorship Applications #S16-19 and #S16-21 to #S16-29 were approved earlier in the meeting. 14 Council Minutes July 4, 2016 - 11 - Resolution #C-187-16 Moved by Councillor Neal, seconded by Councillor Traill That Sponsorship Application #S-16-20 from the Overdrive Race and Relay be received for information; and That the Bowmanville Hospital Foundation be provided with a $1,000 sponsorship. Part 1 Carried later in the meeting Part 2 Withdrawn later in the meeting (See following motions) Resolution #C-188-16 Moved by Councillor Partner, seconded by Councillor Traill That Council recess for five minutes. Carried The meeting reconvened at 8:27 PM. Councillor Neal withdrew Part 2 of the foregoing Resolution #C-187-16. The remaining Part 1 of the foregoing Resolution #C-187-16 was then put to a vote and carried. Item 32 - Resolution GG 307-16 Resolution Regarding Melodee Smart, Administrative Assistant, Works Department, The Regional Municipality of Durham – Durham/York Energy From Waste Project, 2015 Annual Ambient Air Monitoring Report and 2016 Q1 (January – March) Ambient Air Monitoring Report Resolution #C-189-16 Moved by Councillor Neal, seconded by Councillor Traill Whereas the ambient air monitoring program for the Incinerator is scheduled to run for 3 years after commencement of operations; And Whereas the 98th percentile daily average for small particulate matter (PM2.5) since the commencement of incinerator operations, including the 2015 annual results for the 98th percentile daily average PM2.5 concentrations, and the 2016 Q1 results, show increased PM2.5 levels at the Rundle Road and Courtice Road monitoring stations over the annual results for 2013 and 2014; And Whereas the 98th percentile daily average PM2.5 concentrations for 2016 Q1 exceed the Ontario Ambient Air Quality Criteria (“AAQC”), however once averaged over three years, there is no exceedance despite the foregoing results; 15 Council Minutes July 4, 2016 - 12 - And Whereas PM2.5 is harmful to human health; Now Therefore Be It Resolved That the Municipality of Clarington write to the Minister of the Environment and Climate Change and request that the Minister order that the ambient air monitoring program be extended by two years. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ Special General Government Committee Report of June 27, 2016 Resolution #C-190-16 Moved by Councillor Neal, seconded by Councillor Cooke That the recommendation contained in the Special General Government Committee Report of June 27, 2016 be approved, on consent. Carried Planning & Development Committee Report of June 27, 2016 Resolution #C-191-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of June 27, 2016 be approved, on consent, with the exception of items #8, #9, and #10. Carried 16 Council Minutes July 4, 2016 - 13 - Item 8 - Options for Retaining an Air Quality Expert to Interpret Stack Test Monitoring Resolution #C-192-16 Moved by Councillor Woo, seconded by Councillor Partner That Staff be directed to report back to Committee in November, 2016 on options for retaining an air quality expert with expertise recognized in North America to assist Council with interpreting the ambient air and stack test reports for the Energy From Waste Facility. Carried Item 9 - Courtice Waterfront Land Acquisition Item 10 - Appeal to the Ontario Municipal Board of a Decision of the Committee of Adjustment of November 5, 2015 Resolution #C-193-16 Moved by Councillor Hooper, 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 a proposed or pending acquisition or disposition of land by the municipality or local board and a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Carried The meeting reconvened in open session at 9:11 pm. The Mayor advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and two resolutions were passed to provide direction to staff. 11 Staff Reports (cont’d) Report EGD-033-16 – Light Armoured Vehicle (LAV) Monument Report EGD-033-16 was considered earlier in the meeting. Report EGD-034-16 – Lambs Lane North End Options Resolution #C-194-16 Moved by Councillor Hooper, seconded by Councillor Neal That Report EGD-034-16 be received; 17 Council Minutes July 4, 2016 - 14 - That Council approve Option 2 contained within Report EGD-034-16 which is staff’s recommendation for the construction of an improved turn around at the North end of Lambs Lane; and That all interested parties listed in Report EGD-034-16 and any delegations be advised of Council’s decision. Carried Report PSD-053-16 – Rotosonic Borehole Alternate Locations, Clarington Transformer Station Resolution #C-195-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-053-16 be received; and That all interested parties listed in Report PSD-053-16 and any delegations be advised of Council’s decision. Tabled (See following motion) Resolution #C-196-16 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-195-16 be tabled until the end of the meeting. Carried Report CLD-025-16 – Appointment to the Committee of Adjustment Resolution #C-197-16 Moved by Councillor Neal, seconded by Councillor Woo That Report CLD-025-16 be received; That the vote be conducted to appoint one citizen representative for a term ending December 31, 2018 or until a successor is appointed, to the Committee of Adjustment for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; and That all interested parties listed in CLD-025-16 be advised of Council’s decision. Carried 18 Council Minutes July 4, 2016 - 15 - The following appointment was made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy, for the Committee of Adjustment for term ending December, 2018 or until a successor is appointed: • Shelley E. Pohjola 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion considered under this Section of the Agenda. 13 Unfinished Business Resolution #GG-346-16 – Lisa and Stephen Smith – Exemption to Development Charges By-law Resolution #C-198-16 Moved by Councillor Partner, seconded by Councillor Traill That the request from Lisa and Stephen Smith for an exemption to section 26 of the Municipality’s Development Charges By-law 2015-35 (which requires payment of a development charge for a garden suite) be denied; That concurrent with the timing of the payment of development charges by Mr. and Mrs. Smith, the Municipality loan Mr. and Mrs. Smith the amount of the development charge payable under Development Charges By-law 2015-35; That such loan be interest free and secured by an agreement in a form acceptable to the Municipal Solicitor that will be registered against title to 3384 Concession Road 7; That such loan be funded from the Unclassified Administration - Contingency Account; That such loan be forgiven and the agreement be removed from title if the garden suite is demolished or removed within the time period that Council authorizes its temporary use; and That the matter of a development charge exemption for garden suites be revisited during the next review of the Municipality’s Development Charges By-law. Carried 19 Council Minutes July 4, 2016 - 16 - Report COD-015-16 - Provision of Employee Group Benefits Resolution #C-199-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report COD-015-16 be received; That Sun Life Financial be awarded the contract for the provision of Employee and Dependent Life, Long Term Disability, Extended Health and Dental coverage for a five (5) year term with a review at the conclusion for possible renewal of further terms pending satisfactory service and acceptable conditions, provided that the Health and Dental coverage can be limited to the end of the 16 month guarantee period; That staff report back to General Government Committee on the renewal of the extended health and dental benefits coverage with a recommendation on proceeding under a Fully Insured Funding Arrangement or ASO, at a reasonable time prior to the expiry of the 16 month term; That the Purchasing Manager be authorized to negotiate with Chubb Insurance Company of Canada, being the Municipality’s current provider of Accidental Death and Dismemberment a renewal of the existing agreement. This agreement to be reviewed at the conclusion for possible renewal of further terms pending satisfactory service and acceptable conditions; That the Purchasing Manager be authorized to execute administrative agreements as required for the current and future renewals, subject to satisfactory service and acceptable terms; That the savings of approximately $550,000 be put into a reserve dedicated for future ASO benefit administration; and That all interested parties listed in Report COD-015-16 and any delegations be advised of Council’s decision by the Purchasing Division. Carried Resolution #GG-394-16 - Report COD-017-16 – Lambs Lane Reconstruction Resolution #C-200-16 Moved by Councillor Neal, seconded by Councillor Hooper That Resolution #GG-394-16 - Report COD-017-16 – Lambs Lane Reconstruction be lifted from the table. Carried 20 Council Minutes July 4, 2016 - 17 - Council now had the following resolution before them: “That Report COD-017-16 be received; That Nick Carchidi Excavating Limited Inc. with a total bid amount of $1,636,675.35 (net H.S.T. Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2016-10 be awarded the contract for road reconstruction work on Lambs Lane as required by the Engineering Services Department; That the funds required for this project in the amount of $2,072,500.00 (net HST Rebate) including the Municipality’s construction costs of $585,578.46 (net HST Rebate), the Region of Durham’s construction costs of $1,051,096.89 and other related costs such as survey, design, contract administration, utilities relocations, materials testing and contingencies of $435,824.65 (net HST Rebate) be drawn from the following accounts: Lambs Lane Reconstruction 110- 32-330-83445-7401 $ 805,000.00 Region of Durham’s Portion 100-00-000-00000-1010 $1,267,500.00 That all interested parties listed in Report COD-017-16 and any delegations be advised of Council’s decision by the Purchasing Division.” Carried Confidential Report CAO-001-16 – Option Agreement for Future Purchase of Community Park Land and Camp 30 Heritage Preservation Resolution #C-201-16 Moved by Councillor Traill, seconded by Councillor Woo That Confidential Report CAO-001-16 – Option Agreement for Future Purchase of Community Park Land and Camp 30 Heritage Preservation be lifted from the table; That Confidential Report CAO-001-16 be received; and That the Option Agreement be approved and the Mayor and Clerk be authorized to execute same. Carried later in the meeting (See following motions) 21 Council Minutes July 4, 2016 - 18 - Resolution #C-202-16 Moved by Councillor Neal, seconded by Councillor Woo 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 a proposed or pending acquisition or disposition of land by the municipality or local board and 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 10:16 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-201-16 was then put to a vote and carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Mayor Foster √ Resolution #C-203-16 Moved by Councillor Hooper, seconded by Councillor Partner That the Order of the Agenda be altered to consider the By-laws at this time. Carried 22 Council Minutes July 4, 2016 - 19 - 14 By-laws Resolution #C-204-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2016-058 to 2016-067 14.1 2016-058 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Brendan Grigg) (Item 12 of the General Government Committee Report) 14.2 2016-059 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Stephen Leca) (Item 12 of the General Government Committee Report) 14.3 2016-060 Being a By-law to amend Fence Cost Sharing By-law 2011-045 (Item 20 of the General Government Committee Report) 14.4 2016-061 Being a By-law to amend By-law 2014-059, being a By-law to Regulate Traffic and Parking on Highways, Private Property and Municipal Property (Item 30 of the General Government Committee Report) 14.5 2016-062 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1613881 Ontario Inc.) (Approved by Council June 15, 2015) 14.6 2016-063 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Lindvest Properties (Clarington) Limited] (Approved by Council on June 2, 2014) 14.7 2016-064 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Veltri and Son Ltd.) (Approved by Council on May 24, 2016) 14.8 2016-065 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (W.E. Roth Construction Limited) (Item 2 of the Planning & Development Committee Report) 23 Council Minutes July 4, 2016 - 20 - 14.9 2016-066 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Lesle Gibson) (Item 3 of the Planning & Development Committee Report); 14.10 2016-067 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.) (Approved by Council on May 11, 2015); and That the said by-laws be approved. Carried 17 Confirming By-law Resolution #C-205-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2016-068, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4th day of July, 2016, with the exception of Item 13.5; and That the said by-law be approved. Carried 13 Unfinished Business (cont’d) Confidential Legal Matter Resolution #C-206-16 Moved by Councillor Cooke, 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 11:08 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 one resolution was passed on a procedural matter (to suspend the rules to extend the meeting end time by ten minutes to 11:10 PM) and one resolution was passed to provide direction to an officer. 14 By-laws The By-laws were considered earlier in the meeting. 24 Council Minutes July 4, 2016 - 21 - 17 Confirming By-Law The Confirming By-law for Agenda items dealt with thus far was considered earlier in the meeting. Resolution #C-207-16 Moved by Councillor Partner, seconded by Councillor Traill That the meeting recess at 11:14 PM until 2:00 PM on July 6, 2016. Carried The meeting reconvened at 2:00 PM on July 6, 2016 in the Council Chambers. All members of Council were in attendance, except Councillor Neal. Also present were F. Wu, D. Crome, A. Greentree, C. Fleming Resolution #C-208-16 Moved by Councillor Woo, seconded by Councillor Traill That the Order of the Agenda be altered to consider Resolution #C-195-16 (tabled earlier in the meeting) at this time. Carried 11 Staff Reports (cont’d) Report PSD-053-16 – Rotosonic Borehole Alternate Locations, Clarington Transformer Station Councillor Cooke rescinded seconding Resolution #C-195-16. Resolution #C-209-16 Moved by Councillor Woo, seconded by Councillor Partner That Report PSD-053-16 – Rotosonic Borehole Alternate Locations, Clarington Transformer Station be tabled until the September 12, 2016, Planning & Development Committee meeting. Carried 25 Council Minutes July 4, 2016 - 22 - Resolution #C-210-16 Moved by Councillor Hooper, seconded by Councillor Cooke 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 Councillor Neal entered the meeting during the “closed” session. The meeting reconvened in open session at 3:37 PM. The Mayor advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and one resolution was passed on a procedural matter and two resolutions were passed to provide direction to an officer. The second item that was discussed in “closed” session was a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Resolution #C-211-16 Moved by Councillor Traill, seconded by Councillor Neal That Council recess for five minutes. Carried F. Wu, Chief Administrative Officer left the meeting. The meeting reconvened at 3:48 PM. 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business Resolution #C-212-16 Moved by Councillor Neal, seconded by Councillor Traill That the Rules of Procedure be suspended to allow for the introduction of a motion of new business. Carried 26 Council Minutes July 4, 2016 - 23 - Resolution #C-213-16 Moved by Councillor Neal, seconded by Councillor Traill That staff be directed to work with Hydro One to attempt to have Sydney Duggan to have access to the 5 monitoring wells on the Hydro One site over the summer/fall of 2016. Carried as amended (See following motion) Resolution #C-214-16 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-213-16 be amended to replace the words “work with” with the words “send a written request to”. Carried The foregoing Resolution #C-213-16 was then put to a vote and carried as amended. 17 Confirming By-law Resolution #C-215-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2016-069, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 6th day of July, 2016, in respect of the conclusion of the items on the July 4, 2016 Agenda; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-216-16 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn at 3:58 PM, July 6, 2016. Carried _____________________ __________________ Mayor Municipal Clerk 27 September 9 2016. RE: Request for Proclamation for the Month of November 2016 and Flag Raising Ceremony Thursday November 1st 2016 for the Month of November Mayor, Councilors and Staff For the next edition of Trans Day of Remembrance, PFLAG Canada Durham Region which works within local and regional communities, invites the Municipalities of Durham Region to individual make a meaningful gesture to combat Transphobia and discrimination based on gender expression or identities. A privileged moment to set up initiatives to fight against Transphobia, this theme month calls out to the public and workers in all communities as well as those actively involved in civil society. Legislators, governments, and municipal administrators are also invited to this large annual gathering of forces. We therefore request Municipalities to pass a resolution proclaiming the month on November as Trans Awareness Month at its next meeting. With each year more and more municipal officials in Canada are using this month to send out to their fellow citizens a message of acceptance, openness, and hope. The second effort we propose consists in raising the Trans Flag (Blue, Pink and White) Flag on one of the municipality’s flagpoles November 1st– 30th 2016 with a flag raising ceremony on Thursday November 1st 2016. Representing the Trans community in their victories and struggles for equality. The flag flown by the city and municipalities’ shows acceptance for the Trans- Identified community and acceptance towards the Human Rights of Ontario. The third effort we propose consists in recognizing November 20 as Trans Day of Remembrance. This day recognizes all transgender individuals who have been murdered or died by suicide. PFLAG Durham Region and Oshawa Public Library are partnering to host an event from 3-5pm on Sunday November 20th 2016. Sincerely, Sawyer Arnold Transgender Relations Director PFLAG Durham Region -- Sawyer Arnold Transitions Manager / Transgender Relations Director They/Them Pronouns 28 Do you want to inspire change? Join PFLAG Canada Durham Region's team of volunteers and help to make your community more inclusive. Our volunteers are as diverse as the LGBTQ community we serve. CLICK HERE for more details about becoming a volunteer with PFLAG Durham Region. Sign up for our monthly e-newsletter to stay informed: http://eepurl.com/ikEoo Help us help others: click here to donate today. 29 Agricultural Advisory Committee of Clarington July 14th, 2016 Agricultural Advisory Committee of Clarington Meeting Thursday, July 14th, 2016 Members Present: Elgin Greenham Brenda Metcalf Les Caswell Mary Ann Found Don Rickard Jennifer Knox John Cartwright Henry Zekveld Eric Bowman Tom Barrie Ted Watson Regrets: Councillor Partner Guests: Erin O’Toole, MP and Lisa Backus, Planning Services Staff: Faye Langmaid, Planning Services Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 016-17 Moved by Tom Barrie, seconded by John Cartwright “That the Agenda for July 14 th 2016 be adopted” Carried Approval of Minutes 016-18 Moved by Jennifer Knox, seconded by Donald Rickard “That the minutes of the June 9th, 2016 meeting be approved” Carried Draft Clarington Official Plan and 4 –Plan Review - Lisa Backus, Senior Planner Lisa provided a details explanation of the draft Official Plan, how it relates to the existing Official Plan. For example that natural heritage policies for the most part remain unchanged but that mapping has drastically improved. The majority of the policy changes affect the urban areas; however, that is very important to the agricultural community as it means urban boundaries do not expand into agricultural areas. 30 Agricultural Advisory Committee of Clarington July 14th, 2016 Draft Official Plan-. Open House held on Thursday, June 28 well attended. Committee comments and letter will be drafted, circulated and discussed at August meeting. Public meeting is scheduled for September 12 in Council Chambers. 4-Plan Review –Open House held locally in Oshawa and Peterborough on June 23 and 28 respectively. Committee comments and letter will be drafted, circulated and discussed at August meeting for submission by September deadline. Business Arising Farmer’s Parade of Lights, no news on a decision on the route, Faye will let Engineering know that farmers and committee are in support of route change. 407 Issues: Fencing - MTO is open to considering page-wire over a significant length (but not the entire length) of the highway to help maintain the rural character of the local communities. Ron Albright continues to pursue this issue with MTO as they missed it when tendering the contract, BBI is currently obligated to install chain-link along the entire length. Change-orders will have to be issued to achieve this request and meet Clarington’s concerns as expressed in out EA comments. Dust issues for residents in Solina are a concern, it is recommended that they be reported directly to Blackbird. Farmgate sales for farmers along the detour routes have dropped significantly, for some farmers it is very difficult even for their friends to figure out how to get to their home. This is a major concern as it is impacting farm businesses and livelihoods. Economic Development Strategy for the Region: In response to the workshop and notifications that members had received it was determined that a resolution should be developed. 016-19 Moved by Don Rickard, seconded by Tom Barrie Whereas the Regional Municipality of Durham has retained consultants to assist in the preparation of a new five-year Economic Development Strategy; and Whereas Durham Region’s Agricultural Strategy Action Plan 2013-2018 has been a guiding document and strategy for Durham Region’s Planning and Economic Development Committee and Economic Development staff; and Whereas the Economic Development Strategy is an opportunity to identify and explore partnerships and collaboration with community groups to identify goals, objectives and key priorities that support a strong local economy, and Whereas agriculture is the #1 industry in Durham; and Whereas agriculture is necessary for food security; and 31 Agricultural Advisory Committee of Clarington July 14th, 2016 Whereas some of Canada’s best agricultural land is in Durham, more particularly immediately adjacent to the current urban boundaries and in the “whitebelt” areas; Whereas the Region has developed a rural economic development focus on: • Attracting, retaining and expanding agriculture and agri-food businesses • Promoting outreach and education • Maintaining a supportive policy environment; and • Supporting an agricultural labour force Now therefore, as part of the Economic Development Strategy it is requested that the Region’s consultant be asked to build upon this foundation by exploring how the Region can support agricultural businesses by: • bringing broad band to rural areas; • eliminating policy impediments that allow farms to grow and prosper; • setting stringent guidelines for urban area expansion; • seeking out funding to support innovation through technology on the farm; • supporting stewardship programs and grants implemented by the conservation authorities; • exploring further tax reductions for farmland; and • creating a supportive environment for agriculture across all sectors and government agencies. That this resolution be circulated to all the lower tier municipalities in Durham Region and Durham Region. CARRIED Correspondence and Committee Reports Greenbelt Foundation – e-mail circulated from Kathy MacPherson about the 10 year accomplishments of Greenbelt Foundation with regard to publications, grants to agriculture, training and education. Durham Agriculture Advisory Committee – September 15th is the DAAC tour. There will be tile drain installation and drone demonstrations. The event will be at the new Loa- de-Mede (Werry) farm and new Schillings farm. Durham Region Federation of Agriculture –Trailer has arrived and is being outfitted, waiting on kiosks, training ambassadors to attend all events with trailer. August 14th, 5 - 8 at Forsyth Farms is corn roast and unveiling of new trailer, a fundraiser for farm safety program. Touch a Truck at GM Centre is August 19th the opportunity exists to showcase farm machinery, looking for volunteers. Clarington Library, Courtice Branch is having a mini- touch a truck on August 17th 1-3, Ross McMaster is bringing farm equipment. 32 Agricultural Advisory Committee of Clarington July 14th, 2016 Celebrate Agriculture Gala is scheduled for October 27th at Royal Ashburn, get nominations in for the various awards. Clarington Board of Trade – Membership renewal and new memberships are ahead of previous years. Working on contract with Municipality for economic development, discussion on whether a specific person dedicated to agricultural economic development is needed and a resolution in support of CBOT would be appreciated. New Business Erin O’Toole – Appreciated the invitation and being able to hear the comments and concerns of the committee. Enjoyed Lisa’s presentation on the Official Plan. Stays in touch by reading the minutes. There are examples from other provinces where agricultural community is being compensated for natural heritage protection and stewardship. Anaerobic Digester – next large project from the Region in the waste management masterplan. There may be some synergies with agriculture the use of biosolids (rather than spreading) and development of a Biogas Co-op. November meeting will focus on compost and waste issues. “did you know” – Faye will send some information on the E-maps gallery on the Municipal website and also on the invasive species workshop. Future Agendas Kim Rudd MP will attend future meetings, when their schedule can accommodate. October meeting will be changed to October 4th with Chief Weir will be in attendance. Faye has requested tour of building and meeting with of the Police Building on bio- security, livestock issues, etc. Brenda Metcalf moved to Adjourn. Next Meeting, August 25th, 7:30 p.m. Room 1C at Municipal Administrative Office August meeting will have MPAC, Mike Poropo in attendance. 33 Agricultural Advisory Committee of Clarington August 25th, 2016 I:\^Department\LDO NEW FILING SYSTEM\Committees\AACC\Agricultural Committee Board\Draft Minutes_Agricultural Advisory Committee of Clarington Meeting_25'08'16.docx Agricultural Advisory Committee of Clarington Meeting Thursday, Aug 25th, 2016 Members Present: Elgin Greenham Brenda Metcalf Les Caswell Tim Sargent Don Rickard Jennifer Knox John Cartwright Henry Zekveld Ted Watson Regrets: Councillor Partner, Eric Bowman, Tom Barrie, MaryAnn Found Guests: Mike Porporo, Mark Lindquist, Terry-Lynn Wright, MPAC Staff: Faye Langmaid, Planning Services Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 016-20 Moved by John Cartwright, seconded by Les Caswell “That the Agenda for August 25th 2016 be adopted” Carried Approval of Minutes 016-21 Moved by Ted Watson, seconded by Donald Rickard “That the minutes of the July 14th, 2016 meeting be approved” Carried Presentation: Mike, Mark and Terry-Lynn provided an overview of how property assessments and in particular how the farm assessments are calculated. MPAC investigates sales to ensure they are sales of lands to a farmer. In addition Ministry of Finance recommended that for farm sales, MPAC can use sales back to 2008 (6-8 years) unlike residential. Mike demonstrated the information that can be found at https://www.aboutmyproperty.ca/ it is highly recommended that when reviewing your assessments that you take advantage of the tools and comparators provided. There is a wealth of information that can be gleaned on the site and you can drill down on your individual properties using your roll number(s), you can log in using your home farm and then link the remainder of your assessments (if you are a multiple property owner). 34 Agricultural Advisory Committee of Clarington August 25th, 2016 I:\^Department\LDO NEW FILING SYSTEM\Committees\AACC\Agricultural Committee Board\Draft Minutes_Agricultural Advisory Committee of Clarington Meeting_25'08'16.docx Business Arising Farmer’s Parade of Lights, Eric is working with DRPS and Region on alternate route. 407 Issues It was noted that we should have BBI back on a regular basis during the construction to address issues, a 10-15 minute update from them would suffice, just to address ongoing issue. CBOT has been involved in trying to work out signage for the Country Path (a group of rural businesses, B + B’s and farm gate sales as the detours have impacted their businesses. 016-22 Moved by Don Rickard, seconded by Henry Zekveld Whereas the Clarington Board of Trade and Office of Economic Development has been very supportive of the agricultural industry in Clarington; and Whereas agriculture is the #1 industry in Clarington and Durham; and Whereas agriculture is necessary for food security; and Whereas Clarington has some of the best agricultural land in Canada, particularly adjacent to the current urban boundaries, and in the "whitebelt" areas; and Whereas the Agricultural Advisory Committee of Clarington provides advice to Council; Therefore, the AACC commends the Clarington Board of Trade and Office of Economic Development support of the agricultural sector including the • development of the Clarington Farmer’s Market • development of the Barn Door Directory; • promotion of the agricultural sector in publications; • appointment of an agricultural advisor to the CBOT Board • having, to date , three successful agricultural summits for the agriculture and agrifood industries in Clarington • hosting a roundtable with the Minister of Agriculture It is, in part because of this support that the Clarington Board of Trade were the inaugural recipients of the Durham Farm Connections Spirit of Agriculture Award in 2014. Carried Correspondence and Committee Reports Durham Agriculture Advisory Committee – September 15th is the DAAC tour. There will be tile drain installation and drone demonstrations. The event will be at the new Loa- de-Mede (Werry) farm and new Schillings farm. 35 Agricultural Advisory Committee of Clarington August 25th, 2016 I:\^Department\LDO NEW FILING SYSTEM\Committees\AACC\Agricultural Committee Board\Draft Minutes_Agricultural Advisory Committee of Clarington Meeting_25'08'16.docx Durham Region Federation of Agriculture –Trailer was unveiled on August 14th and is booked the remainder of the summer/fall at various fairs and events. Farm Credit Canada is providing additional funding for displays. Touch a Truck at GM Centre is August 19th showcased farm machinery. August 24th in Nestleton meeting with Kiersten Allore of Durham Region about farm severances, about 40 farmers in attendance. Very good discussion. DFRA will be submitting comments, no date has been scheduled for this item to go back to Regional Council. Upcoming DRFA events, October 19th is the Annual meeting; Brian Hancock is retiring by the end of year and an event will be organized to honour him. Celebrate Agriculture Gala is scheduled for October 27th at Royal Ashburn, get nominations in for the various awards. Clarington Board of Trade –Working on contract with Municipality for economic development. Mayor’s annual address to CBOT is October 6th. Erin O’Toole – Letter of appreciation for being able to attend last meeting and hear committee comments on draft Official Plan. New Business “did you know” – Faye will send pdf of MPAC presentation. The property locator information on the website that Mike demonstrated can be especially beneficial when sorting out how your assessment has been calculated. The committee will not be providing a display for Orono Fair. It was determined that with the changes that have occurred in the ag building that the static display is no longer necessary or the best way to communicate in that setting. Future Agendas Kim Rudd MP will attend future meetings, when her schedule can accommodate. Faye has requested tour of building and meeting with of the Police Building on bio- security, livestock issues, etc. November meeting will focus on Anaerobic Digester – next large project from the Region in the waste management masterplan. There may be some synergies with agriculture the use of biosolids (rather than spreading) and development of a Biogas Co-op. John Cartwright moved to Adjourn. Next Meeting, Tuesday, October 4th, 7:30 p.m. Room 1C at Municipal Administrative Office Chief Weir will be in attendance on emergency planning with a particular focus on preparedness for forest fires. 36 g SPECIAL MEETING OF THE BOARD: UNIONIZATION UPDATE August 23, 2016 Sarah Jane Williams Heritage Centre 62 Temperance Street Bowmanville, Ontario Present: B. Seto M. Adams (ED) W. Woo O. Casimiro K. Warren S. Middleton S. Elhajjeh Regrets: S. Cooke M. Morawetz J. Sturdy W. Woo 1.Call to Order: B. Seto called the meeting to order at 7:08 p.m. 2.Unionization Update: B. Seto reviewed motion from last special meeting July 27, 2016 as follows: Moved by: W. Woo Seconded by: S. Cooke THAT: Municipal Staff and Legal Counsel, Hicks Morley, be requested to To illuminate Clarington and its heritage through lasting and meaningful experiences with artifacts, exhibitions and programmes that inspires future generations and enlivens our community 37 meet with the Executive Director, and thereafter provide advice to the Clarington Museum Board respecting the implications of the Union Certification and the appropriate steps to be taken going forward; and THAT: any documentation provided to the Museum Board respecting such matters be provided to Municipal Council and the Municipal Clerk. MOTION CARRIED 7:36 pm July 27, 2016. M. Adams read report (see Attachment) prepared by Michael S. Smyth of Hicks Morley Hamilton Stewart Storie LLP, Toronto (approved legal consultant for the unionization processes) after a 40 minute conference call that took part between M. Adams, M. Smyth (labour counsel), A. Allison (municipal legal counsel) and HR representative from the Municipality. Two key points in the report: 1) A collective agreement must be negotiated which will require a team. 2) Board needs to create a mandate for the negotiating team to follow. M. Adams has started to investigate collective agreements. He is referencing the Municipality’s Library one as it is most similar to the museum situation. Further discussion followed on what negotiations might look like. Anticipated negotiating team: M. Adams, ED., and H. Ridge, Curator, for the Museum; Municipality HR representative (union experience preferred); Legal Counsel when needed (due to cost, limited to meetings deemed essential; to participate in discussions after Labour meetings & at regular meetings of the team). Discussion followed on payment of legal fees that will be forthcoming. Moved by: S. Middleton Seconded by: S. Elhajjeh THAT: Board directs ED M. Adams to send a request to council for reimbursement for legal fees incurred towards unionization. MOTION CARRIED Further discussion on related concerns. 38 Moved by: K. Warren Seconded by: S. Elhajjeh THAT: Negotiating team will consist of M. Adams, ED, H. Ridge, Curator, Municipality HR Representative, and M. Smyth, Legal Counsel. MOTION CARRIED B. Seto asked about the timeline anticipated. M. Adams stated that the CUPE representative is presently on vacation as are some others, but the negotiation meeting will most likely take place this fall in September. M. Adams has been asked to propose some dates when the members of the negotiating team will be available. For the first meeting, it was decided that M. Smyth (labour counsel) will not be asked to attend as part of the team, but will be included for the discussions following. Further discussion regarding mandate and creating it. Moved by: S. Middleton Seconded by: K. Warren THAT: The whole board will work as a committee to create the unionization mandate. MOTION CARRIED Motion to Adjourn by K. Warren 8:20 pm. 39 General Government Committee Report to Council Page 1 Report to Council Meeting of September 19, 2016 Subject: General Government Committee Meeting of Tuesday, September 6, 2016 Recommendations: 1.Receive for Information (a) 8.1 Minutes of Tyrone Community Centre dated June 5, 2016 (b) 8.2 Minutes of the Newcastle Community Hall Board dated May 17, 2016 (c) 8.3 Minutes of the Ganaraska Region Conservation Authority dated June 16, 2016 (d) 8.4 Minutes of the Central Lake Ontario Conservation Authority dated June 21, 2016 (e) 8.6 Melodee Smart, Administrative Assistant, Works Department, The Regional Municipality of Durham – Durham/York Energy Centre REVISED Ambient Air Monitoring 2016, 1st Quarterly Report (January to March 2016) and March and April 2016 Complaint and Inquiry Logs (f) 8.7 Debbie Shields, City Clerk, City of Pickering – Notice of Motion Regarding Residential Tax Relief to Eligible Low Income Seniors and Low Income Disabled Persons (g) 8.8 Laura Vaillancourt, OP Executive Director – 24th World Operalia Competition with Placido Domingo and Marco Parisotto (h) 8.9 Kathryn Shaver, Vice-President, APM Engagement and Site Selection, Nuclear Waste Management Organization – Implementing Adaptive Phased Management 2017 to 2021 (i) 8.10 Ontario 150 Program – Ontario 150: Apply for Funding (j) 8.11 Melodee Smart, Administrative Assistant, Works Department, The Regional Municipality of Durham – Durham/York Energy Centre Ambient Air Monitoring 2016, 2nd Quarterly Report (April to June 2016) 40 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 2 (k) 8.12 Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax – Ontario Council of Agencies Servicing Immigrants “For All” Campaign (l) 9.5 Mary Medeiros, Acting City Clerk, The Corporation of the City of Oshawa – Seniors Protection and Care (m) EGD-035-16 Report on Building Permit Activity for April, May, and June 2016 (n) COD-018-16 Contract Awards During Council Recess 2.Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an Economic Development Update That the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, regarding an Economic Development Update, be received with thanks. 3.Janet Lange, Janet Lange Art and Design, Regarding the Chalk It Up Festival That the delegation of Janet Lange, Janet Lange Art and Design, regarding the Chalk It Up Festival, be received with thanks. 4.Minutes of the Clarington Museums and Archives Board dated July 5, 2016 and July 27, 2016 That the minutes of the Clarington Museums and Archives Board, dated July 5, 2016 and July 27, 2016, be received for information; That the Clarington Museums and Archives Board members and staff be directed to provide access to financial records up until August 31, 2016; and That Staff report back to the Council meeting of September 19, 2016 regarding possible options of dealing with the Clarington Museums and Archives Board, including: •Dissolution; •Takeover by the Municipality of Clarington; and •Any other recommendations by Staff, opening the financial records to the internal auditor. 41 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 3 5. Lion Jim Rohrbach, PDG, MD “A” Centennial Coordinator, Lions International –Request for Flag Raising for the 100th Anniversary of Service to Humanity That raising of the Lions Club International flag on a date to be determined in 2017, be approved. 6. Debi A. Wilcox, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham – Provincial Update of the Long Term Affordable Housing Strategy and Bill 204 – Promoting Affordable Housing Act That the following Regional Municipality of Durham resolution, regarding Ontario Climate Change Action Plan, be endorsed by the Municipality of Clarington: That the Minister of Municipal Affairs & Housing be advised of the following recommendations in regard to the implementation of the update to the provincial Long-Term Affordable Housing Strategy and Bill 204 – Promoting Affordable Housing Act, 2016: A) That since there is no sustainable funding commitment to invest in the repair and regeneration of the existing housing supply or to support new construction, the Province be requested to provide ongoing long-term funding to ensure sustainability of the social housing portfolio; B) That the exemption of second units in new homes from Development Charges (DCs) be voluntary given that DCs are the only fiscal tool available to municipalities to recover growth-related capital costs; C) That the development of regulations and requirements for inclusionary zoning and municipal planning and finance system changes be developed in consultation with municipalities; D) That the following key issues and risks specific to “inclusionary zoning”, detailed in section 9 of Report #2016-J-23, be endorsed as Durham Region’s response to the Environmental Bill of Rights Environmental Registry posting (EBR Posting 012-7616) for Schedule 4 of Bill 204 – Promoting Affordable Housing Act, 2016 – on inclusionary zoning; 42 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 4 • A balance between municipal autonomy and Provincial direction is essential to the provision of inclusionary zoning; • The Province should not prescribe the mandatory enactment of a by-law for inclusionary zoning by municipalities; • Minimum standards for inclusionary zoning should be established by the Province to ensure consistency; • The Province should establish processes and calculations, where appropriate, that can be applied at a localized scale to ensure that implementation and monitoring is undertaken in a consistent manner; • The Region supports the Provincial position that no one, other than the Minister, may appeal specified decisions, by-laws and conditions relating to policies that authorize inclusionary zoning to the Ontario Municipal Board; • Municipalities should be responsible for determining which measures and/or incentives they may offer to support the provision of affordable housing units through inclusionary zoning; • Municipalities should be permitted to request the payment of funds to municipalities in lieu of the provision of affordable housing units, provided those funds are used towards the provision of affordable housing elsewhere within that municipality, and municipalities should also be permitted to authorize the construction of affordable housing units on off- site land; • Program targets, inclusion rates and “affordable units” should be determined by the municipality based on housing priorities already identified in local housing and homelessness plans (i.e. At Home in Durham); • The Province should consider reviewing the Provincial Policy Statement (PPS) definition of “affordable” housing to include a deeper “core need” threshold for both ownership and rental housing; and 43 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 5 • The Province should consider a role for service managers in the delivery and/or monitoring of inclusionary zoning for affordable housing units. These considerations should be made without mandating new unfunded responsibilities to the Region; E) That the Province amend the Municipal Act, regarding Municipal Capital Facilities, so as to require each level of municipal government to directly consider such requests for exemptions rather than allow either level to have the power to exempt selected properties from upper-tier and lower-tier fees, development charges and property F) That given that the Housing Services Act, 2011 (HSA) already contains safeguards for housing providers, who have recourse to Regional Council, judicial review and the Ontario Ombudsman, the Province defer regulation changes regarding service manager decisions until it has completed its legislatively required review of the enforcement provisions in the HSA to determine if they are reasonable or if the current provision requiring a review process should be struck from the HSA; G) That in the long-term, consideration be given to eliminating service level standards in favour of measuring service managers’ performance in relation to progress under their local housing and homelessness plans; H) That the Province be encouraged to continue to modernize the current patchwork of social housing and affordable housing in consultation with service managers, including issues such as declining federal funding and end of operating agreement obligations for service managers who are required to provide legislated service level standards; and I) That a copy of Commissioners’ Report #2016-J-23 be forwarded to the Minister of Municipal Affairs and Housing and the area municipalities. 44 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 6 7. Derrick McKay, President and Founder, Overdrive Race & Relay Series – Request for Permission to Fly a CF-18 Hornet Over Canadian Tire Motorsport Park That the request from Derrick McKay, Overdrive Race & Relay Series, to approve the fly over of a CF-18 Hornet at Canadian Motorsport Park on October 30, 2016, be denied. 8. Jillene Bellchamber-Glazier, County Clerk, Corporation of the County of Perth – Ontario Climate Change Action Plan That the following Corporation of the County of Perth resolution, regarding Ontario Climate Change Action Plan, be endorsed by the Municipality of Clarington: Whereas, the Ontario Provincial Government recently released a five-year Climate Change Action Plan for 2016-2020 which includes a strategy for reducing greenhouse gases and moving to a low-carbon economy; And Whereas, the Ministry of Energy has identified the need for a balanced mix of clean energy sources, including natural gas, to meet the demand for electricity; And Whereas the Premier has acknowledged by her remarks at the 2015 OGRA/ROMA conference that “limited access to natural gas is acting as a barrier to growth in too many rural municipalities’; And Whereas, the identified actions in the province’s Climate Change Action Plan include a “cap” to limit emissions from natural gas distribution; And Whereas, Southwestern Ontario is one of Ontario and Canada’s most productive agricultural regions; And Whereas, the production of affordable food from rural Ontario benefits all Ontarians; And Whereas, access to reliable, affordable energy, including natural gas, is vital for the Ontario agri-food sector and rural communities; And Whereas, the availability of natural gas is recognized in Ontario as a key component to economic development growth and retention; 45 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 7 And Whereas, municipal governments adopt policies to support the protection, preservation, enhancement and improvement of the natural environment; Now, Therefore, Be It Resolved That the County of Perth requests: 1. That the Ontario government commit to consultations with rural Ontario municipalities, residents, and businesses regarding the design and implementation of the government’s Climate Change Action Plan; and 2. That the Premier remain committed to a provincial government that puts a rural lens on its decision-making, and ensure the expansion of natural gas to rural municipalities within the Climate Change Action Plan; and 3. That the Ontario government outline in detail how it will financially assist rural Ontario municipalities, residents, and businesses in order to transition to meet provincial targets for reducing greenhouse gases; 4. And That this resolution be provided to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Glen Murray, Minister of Environment and Climate Change, the Honourable Jeff Leal, Minister of Agriculture, Food and Rural Affairs, the Honourable Glenn Thibeault, Minister of Energy, Mr. Randy Pettapiece, MPP Perth- Wellington, the Association of Municipalities of Ontario, the Rural Ontario Municipalities Association, the Western Ontario Warden’s Caucus and all Ontario municipalities. 9. Revision Cemetery Tariff of Rates That Report OPD-007-16 be received; and That the revised Schedule A, Cemeteries – Tariff of Rates (Attachment #1; #2; #3 and #4 to Report OPD-007-16), be approved. 10. Job Description and Appointment of Interim Chief Administrative Officer That Report CLD-026-16 be received; That the amending By-law, attached to Report CLD-026-16 as Attachment 1, being a bylaw to establish the position and to define the duties and responsibilities of the Chief Administrative Officer, be approved; 46 General Government Committee Report to Council For Council Meeting of September 19, 2016 Page 8 That the By-law, attached to Report CLD-026-16 as Attachment 2, being a by-law to appoint Mr. Curry Clifford as the Interim Chief Administrative Officer, be approved; and That all interested parties listed in Report CLD-026-16 and any delegations be advised of Council's decision by the Department. 11.Appointment to the Newcastle Arena Board That Report CLD-027-16 be received; That Gord Blaker be thanked for his contribution to the Newcastle Arena Board; That the Municipal Clerk’s Department be directed to re-advertise for the vacancy on the Newcastle Arena Board; and That all interested parties listed in Report CLD-027-16 and any delegations be advised of Council's decision. 12.Municipal Household Hazardous Waste Facility That Clarington Council ask the Region of Durham to table the matter of the location of a new Household Hazardous Waste site in Clarington until the next Regional Committee of the Whole meeting. 13.Procedural By-law Amendment - Electronic Devices That the procedural by-law be amended such that portable electronic devices be permitted in Council chambers, provided that Councillors shall not email, BBM, or text each other during meetings, nor use the phone portion of the device while Council in in session. 14.Monarch Butterfly Pledge Program That the Mayor sign the Mayor Monarch Butterfly pledge program; and That the matter be referred to the Samuel Wilmot Nature Area Management Advisory Committee. 47 Planning & Development Committee Report to Council Page 1 Report to Council Meeting of September 19, 2016 Subject: Planning & Development Committee Meeting of Monday, September 12, 2016 Recommendations: 1.Receive for Information (a) 9.1 Nicole Wellsbury, Municipal Clerk, Township of Scugog – Proposed Changes to the Greenbelt Plans (b) 10.2 Carolyn Langley, Clerk, West Lincoln Township – Mandatory Municipal Consent for Future Renewable Energy Projects 2.Public Meeting Draft Official Plan Amendment No. 107 Clarington Official Plan Review That Report PSD-054-16 be received; That the draft Official Plan Amendment No. 107 continue to be reviewed by staff in consideration of the public comments provided at the public meeting and the written submissions; and That all interested parties listed in Report PSD-054-16 and any delegations, be advised of the Planning and Development Committee meeting on October 24, 2016 to consider the recommended Official Plan Amendment No. 107 to implement the Clarington Official Plan Review. 3.Tree Protection and Planning Applications in Urban Areas That Report PSD-055-16 be received for information; and That all interested parties listed in Report PSD-055-16 and any delegations be advised of Council’s decision. 48 Planning & Development Committee Report to Council For Council Meeting of September 19, 2016 Page 2 4. Update on Rotosonic Borehole at Clarington Transformer Station – Request to Alter Location That Report PSD-053-16 be received; and That all interested parties listed in Report PSD-053-16 and any delegations be advised of Council's decision. 49 Clar-h"i 'itai_ Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date ofMeeting: June 20, 2016 Report Number: CLD-024-16 Resolution Number: File Number: C12.MU By-law Number: Report Subject: Appointment to the Clarington Museums and Archives Board Recommendations: 1. That Report CLD-024-16 be received; 2. That Grant Taullie Thompson be thanked for his contribution to the Clarington Museums and Archives Board; 3. That the vote be conducted to appoint one citizen representative for a term ending December 31, 2018 or until a successor is appointed, to the Clarington Museums and Archives Board for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; and 4. That all interested parties listed in Report CLD-024-16 be advised of Council's decision. 50 Municipality of Clarington Report CLD-024-16 Page 2 Report Overview This report is intended to provide background information, regarding a vacancy on the Clarington Museums and Archives Board. 1 . Background 1 .1 Clarington Museums and Archives Board (CMAB)-. The CMAB is a volunteer Municipal Service board established in 2001 by the Municipality of Clarington Council to manage the Clarington museums and archives. Board members are ultimately responsible to the Municipality of Clarington Council and are bound by By-law 2012-093, which states that the composition shall be comprised of a maximum of 12 voting members comprised of, as reasonably as possible: m 8 Public Representatives being two members from each ward; 1 member representative of the Friends of the Museum; 1 member representative of the Newcastle Village and District Historical Society; and 2 appointed members of Council Grant Taullie Thompson was appointed to the CMAB in April, 2015, as a Ward 4 representative for a term ending in December 31, 2018 or until a successor is appointed. The Municipal Clerk's Department received his resignation on May 25, 2016. Following Council's appointments in April 2015, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur. Accordingly, the Municipal Clerk's Department contacted previous applicants (and any additional applications received since the appointments were made) to determine whether they wish to put forward their name for consideration. At the time of writing of this Report, the following applicants wish to be considered for appointment to the Clarington Museums and Archives Board: Darlene Rich (Ward 4) James Hodge (Ward 3) Applications have been circulated under separate cover as they contain personal information. Concurrence Not Applicable 51 Municipality of Clarington Report CLD-024-16 Rage 3 3e Conclusion In order to fulfill the requirements of the Terms of Reference of the Clarington Museums and Archives Board, it is recommended that one of the following be appointed to the Clarington Museums and Archives Board, as the Ward 4 representative, for a term ending December 31, 2018: Darlene Rich James Hodge Strategic Plan Application Not applicable. Submitted by: r Reviewed by: Anne Greentree UMnklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Michelle Chambers, Committee Coordinator 905-623-3379 ext. 2106 or mchambers@clarington.net Attachments: Attachment 1 - Museum and Archives Board Composition Matrix (Distributed Separately) Attachment 2 - Confidential Applications (Distributed Separately) The following is a list of the interested parties to be notified of Council's decision: Darlene Rich James Hodge Michael Adams, Executive Director, Clarington Museums & Archives 52 The Corporation of the Municipality of Clarington By-law 2016-075 Being a by-law to amend By-law 2015-029, a by-law to govern the proceedings of the Council of the municipality of Clarington, its General Government Committee, its Planning and Development Committee, and Special Committees. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2015-029, to permit the use of communication devices by Members of Committee/Council in the Council Chambers during meetings with certain conditions. Now therefore the Council of the Municipality of Clarington enacts as follows: 1.That By-law 2015-029 be amended by deleting section 4.10 and replacing it with the following section: 4.10 Portable Electronic Devices 4.10.1 The use of portable electronic devices by Members of Council and Committee during Council and Committee meetings shall be permitted provided the Member is not using the portable electronic device to phone, email, BBM, or text while the meeting is in session. 4.10.2 The use of portable electronic devices, such as cellular phones, blackberrys, audible pagers or other similar communication device may only be permitted to be used by persons in the gallery and staff while the meeting is in session. 53 4.10.3 Despite Subsections 4.10.1 and 4.10.2, the use of any portable electronic device may be prohibited by the Chair, if, in the Chair’s opinion, the device is interfering with any video or audio broadcast of the meeting or is otherwise causing a disturbance. 4.10.4 Subsections 4.10.1 and 4.10.2 do not apply during a Meeting recess. 2.That this by-law shall come into full force and effect upon its passage. Passed in Open Council this 19th day of September, 2016. _____________________________ Adrian Foster, Mayor _____________________________ C. Anne Greentree, Municipal Clerk 54