Loading...
HomeMy WebLinkAbout12-12-2016Council Minutes December 12, 2016 - 1 - Minutes of a regular meeting of Council held on December 12, 2016, at 7:00 PM, in the Council Chambers Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor C. Traill, Councillor W. Woo Regrets: Councillor W. Partner Staff Present: C. Clifford, 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 Woo led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Hooper indicated that he would be declaring an interest with respect to Item 15 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-331-16 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of November 21, 2016, be approved. Carried 6 Presentations Mayor Foster presented a cheque to Heather Ridge, Interim Executive Director and Katherine Warren, Vice-Chair, Clarington Museum Board, representing the $30,000 proceeds raised through the Mayor’s Golf Tournament. Council Minutes December 12, 2016 - 2 - George Rocoski, Chair, Energy-from-Waste - Waste Management Advisory Committee (EFW -WMAC) addressed Council to present the Committee’s Annual Update. Through use of a PowerPoint presentation, Mr. Rocoski provided an update on the Committee’s meeting schedule and Member composition. Mr. Rocoski indicated four meetings were held throughout the year where the Committee received presentations on various waste management initiatives including The Blue Box and Recyling in Ontario, the Status of Bill 151, Waste Free Ontario Act, Anaerobic Digestion: Request for Proposal Process, Durham/York Source Testing Update and Issues, Quantitative Reporting of Dioxin Exceedances, and the Durham/York Energy Centre Abatement Plan update. Mr. Rocoski stated several concerns regarding the Durham/York Energy Centre were raised by the Committee including the number, magnitude and duration of dioxin and furan exceedances, the correlation between the AMESA cartridges and the stack test results, general concern with plant operations, equipment issues, malfunctions, number of start-up and shut-downs and the potential impact on public health. He reviewed the Committee’s participation in 2016 events including the Compost Give-Away, the Waste Electrical and Electronic Equipment (WEEE) Collection, and the Municipal Hazardous or Special Waste (MHSW) Collection and provided a list of 2017 anticipated areas of interest. Mr. Rocoski summarized by stating that much of the Committee time in 2016 was focussed on dioxin emissions from the Durham/York Energy Centre and the status of the Abatement Plan implementation and with the successful implementation of the Abatement Plan, the Committee looks forward to addressing broader topics in 2017. Resolution #C-332-16 Moved by Councillor Hooper, seconded by Councillor Woo That the presentation of George Rocoski, Chair, Energy-from-Waste - Waste Management Advisory Committee (EFW -W MAC), concerning the EFW -WAC’s Annual Update, be received with thanks. Carried Michael J. Kennedy, Partner, Hicks Morley Hamilton Stewart Storie LLP, addressed Council concerning Staff Report 11.1 - Report COD-025-16 - Fire Arbitration Award (2015-2017) – Including Introduction of 24 Hour Shift Trial in 2017. Mr. Kennedy provided comments on the Award stating that Clarington has been challenged in two areas i.e. by being the smallest Municipality on the outskirts of the GTA being compared to other area municipalities, and that historically Arbitrators have not brought up municipalities up in one fell swoop. Mr. Kennedy stated he has never seen an Award this large, noting it presents significantly more changes than any other Award, and the effect of awarding so many issues completely destroys the incentive to bargain. Michael Kennedy responded to questions from Members of Council. Council Minutes December 12, 2016 - 3 - Resolution #C-333-16 Moved by Councillor Woo, seconded by Councillor Hooper That Council recess for ten minutes. Carried The meeting reconvened at 7:51 pm. 7 Delegations There were no Delegations scheduled for this meeting. 8 Communications – Receive for information There were no Communications to be received for information. 9 Communications – Direction City of Oshawa - Bill 9, End Age Discrimination Against Stroke Recovery Patients Act, 2016 Township of Brock - Bill 9, End Age Discrimination Against Stroke Recovery Patients Act, 2016 Resolution #C-334-16 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence Items 9.1 from the City of Oshawa and 9.2 from the Township of Brock, with respect to Bill 9, End Age Discrimination Against Stroke Recovery Patients Act, 2016 be received; and That the Council of the Municipality of Clarington endorse Bill 9, an Act to End Age Discrimination Against Stroke Recovery Patients Act, 2016, as recommended by the Clarington Accessibility Advisory Committee. Carried Council Minutes December 12, 2016 - 4 - 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Clarington Heritage Committee dated October 18, 2016 10.1.2 Minutes of the Clarington Museum and Archives Board dated November 9, 2016 10.1.3 Minutes of the Agricultural Advisory Committee of Clarington dated November 10, 2016 10.1.4 Minutes of the Clarington Accessibility Advisory Committee dated December 7, 2016 Resolution #C-335-16 Moved by Councillor Neal, seconded by Councillor Hooper That Advisory Committee Report Items 10.1.1 to 10.1.4, be received for information, with the exception of item 10.1.4. Resolution #C-336-16 Moved by Councillor Hooper, seconded by Councillor Cooke That the Minutes of the Clarington Accessibility Advisory Committee dated December 7, 2016, be received for information. Carried General Government Committee Report of November 28, 2016 Resolution #C-337-16 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of November 28, 2016 be approved, on consent, with the exception of items #5, #9, #13, #15 and #18. Carried Councillor Hooper declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 15 of the General Government Committee Report, as he owns a business in downtown Bowmanville, and left the Council Chambers during discussion and voting on this matter. Council Minutes December 12, 2016 - 5 - Item 15 - Free Parking in Downtown Bowmanville Resolution #C-338-16 Moved by Councillor Cooke, seconded by Councillor Neal Whereas Section 34 (3) of By-law 2014-059 allows that Council may, by resolution, designate an area or areas for a certain period to be exempt from the payment of parking fees and any areas so designated shall be denoted by a parking meter cover place over the meter; Now therefore be it resolved that the Municipality of Clarington designate the area in downtown Bowmanville regulated by parking meters as a Free Parking area between December 17, 2016 and January 3, 2017; and That Staff be directed to take the appropriate steps, including covering the meters with bags and advising the public via social media and notices placed on Clarington’s website. Carried Councillor Hooper returned to the meeting. Item 18 - Proactive Ignition Interlock Equipment Resolution #C-339-16 Moved by Councillor Hooper, seconded by Councillor Woo Whereas the Municipality of Clarington strives to be a leader in its support for proactive measures that can reduce the risks associated with drinking and driving; Whereas while there has been increased levels of enforcement, education and awareness about not drinking and driving, more needs to be done to address growing concerns related to drinking and driving and the morning after effects by responsible drinkers who take appropriate steps when leaving a bar via a designated driver or similar such programs and show up for work the next day, unaware that they continue to have levels of alcohol in their system; Whereas countries such as France, Finland, Norway, Sweden and others have implemented or are in the process of implementing legislation requiring all vehicles that transport people or are contracted by various levels of government that interact in the public realm must have a proactive ignition interlock equipment installed on vehicles; Whereas ignition interlock equipment provides safeguards that will prevent and alert an operator of a vehicle if their blood alcohol level is too high and that they and the public may be at risk; Council Minutes December 12, 2016 - 6 - Whereas installation of such devices not only improves public safety, but may also reduce the cost of fleet insurance policies; Now Therefore be it resolved that the Municipality of Clarington request the Province of Ontario to implement legislation that will require operators of public transportation vehicles to have installed devices that will proactively prevent the risks associated with high blood alcohol levels the morning after drinking; Now therefore be it further resolved that Municipal staff forward copies of this motion to The Honourable Steven Del Duca, Minister of Transportation, all Regional Municipalities within the GTA that operate public transit, including Metrolinx, MP Erin O’Toole, MPP Granville Anderson, and all local school boards. Carried as amended (See following motion) Resolution #C-340-16 Moved by Councillor Hooper, seconded by Councillor Woo That the foregoing Resolution #C-339-16 be amended to add “Kim Rudd, MP, Northumberland-Peterborough South”, to the list of persons to be forwarded a copy of the motion. Carried The foregoing Resolution #C-339-16 was then put to a vote and carried as amended. Item 5 - Approval of Final Clarington Transportation Master Plan Resolution #C-341-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report EGD-040-16 be received; and That Council approve the recommendations identified in the Clarington Transportation Master Plan – Final Report as provided in Report EGD-040-16. Carried Item 9 - Appointments to Various Boards and Committees Resolution #C-342-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report CLD-037-16 be received; That the current appointees be thanked for their contributions to the various Boards and Committees; Council Minutes December 12, 2016 - 7 - That Anthony Wood be appointed to the Ganaraska Forest Recreation User Committee, for a one-year term ending December 31, 2017 or until a successor is appointed; That Filip Aleksanderek be appointed to the Heritage Committee, for a term ending December 31, 2018 or until a successor is appointed; That the following three applicants be appointed to the Newcastle Village Community Hall Board for a two-year term ending December 31, 2018 or until a successor is appointed: •Sierd De Jong •Dave Eastman •Shirley Rogers That Thomas Hossie be appointed to the Samuel Wilmot Nature Area Management Advisory Committee, for a term ending December 31, 2018 or until a successor is appointed; and That all interested parties listed in Report CLD-037-16 and any delegations be advised of Council's decision. Carried Item 13 - Executive Recruiting Services for Recruitment of a Chief Administrative Officer Resolution #C-343-16 Moved by Councillor Hooper, 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 personal matters about an identifiable individual, including municipal or local board employees. Carried The meeting reconvened in open session at 8:20 PM. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. Resolution #C-344-16 Moved by Councillor Hooper, seconded by Councillor Traill That Report CAO-007-16 be received; Council Minutes December 12, 2016 - 8 - That staff be authorized to use the process as outlined in Report CAO-007-16 and the Purchasing Manager be authorized to issue a limited invitation Request for Proposal to selected companies (i.e. 4 to 6 firms) with proven expertise in executive recruiting service and to submit proposals based on the scope of work as outlined in Attachment 1; That Ken Knox be appointed to the selection committee; and That the Interim Chief Administrative Officer, in accordance with Recommendation 2, report back to Council with a recommendation for an award of contract to an executive recruiting firm. Carried as amended (See following motion) Resolution #C-345-16 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-344-16 be amended to add “that all Members of Council participate in the final interview process”. Carried The foregoing Resolution #C-344-16 was then put to a vote and carried as amended. Planning & Development Committee Report of December 5, 2016 Resolution #C-346-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of December 5, 2016 be approved, on consent, with the exception of items #1, #5, #6, #7, and #8. Carried Item 1 - An Application by Excelsior Financial To Permit a Mixed Use Development at the South East Corner of Bloor Street and Townline Road South in Courtice Resolution #C-347-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-068-16 be received; That the applications to amend the Official Plan and Zoning By-law 84-63 submitted by Excelsior Financial to permit a mixed use development continue to be processed and that a subsequent report be prepared; and Council Minutes December 12, 2016 - 9 - That all interested parties listed in Report PSD-068-16 and any delegations be advised of Council’s decision. Carried Item 6 - Recommendation Report for the Municipally-Initiated Zoning By-law Amendment for properties in a portion of the Glenview Neighbourhood in Courtice Resolution #C-348-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-072-16 be received; That the Zoning By-law Amendment be approved as contained in Attachment 1 to Report PSD-072-16; That a By-Law to repeal Interim Control By-Law 2016-056 be forwarded to Council for adoption once the Zoning By-Law as contained in Attachment 1 to Report PSD-072-16 is in full force and effect; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-072-16 and Council’s decision; and That all interested parties listed in Report PSD-072-16 and any delegations be advised of Council’s decision. Carried Item 8 - Municipal Hazardous Waste Depot Resolution #C-349-16 Moved by Councillor Neal, seconded by Councillor Cooke That Item 8 – Municipal Hazardous Waste Depot, be received for information. Motion Withdrawn Resolution #C-350-16 Moved by Councillor Hooper, seconded by Councillor Neal That the Region of Durham continue to investigate future options of a second entrance off of Stevens Road for future challenges that may occur if the ECO-HAZ W aste Depot becomes a reality and that all options be thoroughly investigated. Carried Council Minutes December 12, 2016 - 10 - Item 5 - Camp 30/Boys Training School Memorandum of Understanding with Jury Lands Foundation Resolution #C-351-16 Moved by Councillor Traill, seconded by Councillor Woo That Report PSD-071-16 be received; That the Memorandum of Understanding between Jury Lands Foundation and the Municipality of Clarington be approved; That the Mayor and Clerk be authorized to execute the Memorandum of Understanding on behalf of the Municipality of Clarington; and That all interested parties listed in Report PSD-071-16 and any delegations be advised of Council’s decision. Carried Item 7 – Jury Lands Community Vision and Urban Design Plan Resolution #C-352-16 Moved by Councillor Traill, seconded by Councillor Woo That Report COD-024-16 be received; That a contract for the preparation of a Jury Lands Community Vision and Urban Design Plan for the redevelopment of the Boys Training School/Camp 30 Campus be awarded subject to satisfactory reference check, to DTAH in the amount of $96,539.71 (net of HST Rebate); That the funds required in the amount of $96,539.71 (net of HST Rebate) be drawn from Account # 100-50-130-00000-7160; and That all interested parties listed in Report COD-024-16 and any delegations be advised of Council’s decision by the Purchasing Division. Carried Resolution #C-353-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Council recess for five minutes. Carried The meeting reconvened at 9:13 PM. Council Minutes December 12, 2016 - 11 - 11 Staff Reports Report COD-025-16 - Fire Arbitration Award (2015-2017) – Including Introduction of 24 Hour Shift Trial in 2017 Resolution #C-354-16 Moved by Councillor Neal, 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 labour relations or employee negotiations and with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried The meeting reconvened in open session at 9:26 PM. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. Resolution #C-355-16 Moved by Councillor Hooper, seconded by Councillor Traill That Report COD-025-16 be received for information; That the presentation by Michael Kennedy of Hicks Morley be received with thanks; and That Report COD-025-16 be shared with the Durham riding M.P.P., the Minister of Labour, the Minister of Community Safety and Corrections, the Minister of Finance, the Premier, and the Emergency Services Steering Committee of AMO with a letter from the Mayor indicating: the significant risk to effective management of an essential public service that has been introduced with this arbitration award; encouraging urgency of action to legislatively address the significant weaknesses with the labour relations policy for the fire services sector in Ontario. Paragraphs 1 and 2 carried and Paragraph 3 tabled (See following motion) Resolution #C-356-16 Moved by Councillor Cooke, seconded by Councillor Traill That Paragraph #3 of the foregoing Resolution #C-355-16 be tabled to the February 6, 2017, Council meeting. Carried Council Minutes December 12, 2016 - 12 - Resolution #C-357-16 Moved by Councillor Woo, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-355-16 a second time. Carried Paragraphs 1 and 2 of the foregoing Resolution #C-355-16 were then put to a vote and carried. Report COD-026-16 - Garnet B. Rickard Recreation Complex - Interior Renovation Resolution #C-358-16 Moved by Councillor Hooper seconded by Councillor Cooke That Report COD-026-16 be received; That the contract for the interior renovations of Garnet B. Rickard Recreation Complex be awarded, subject to satisfactory reference checks, to Quad Pro Construction Inc. with a revised total bid amount of $934,940.00 (Net HST) being the lowest bidder meeting all terms, conditions and specifications of Tender CL2016-29; That the total funds required for this project in the amount of $1,082,385.00 (Net HST) which includes the revised construction cost of $934,940.00 (Net HST) and Architectural service fees and construction contingencies of $147,445.00 (Net HST) be funded by the Municipality as follows: GBRRC Interior Renovations 110-42-421-84254-7401 $1,082,385.00 That the additional funds required (approximately) $172,385.00 (Net HST) subsequent to the approved project budget of $910,000.00 (Net HST) be financed from the General Municipal Reserve Fund, and; That all interested parties listed in Report COD-026-16 and any delegations be advised of Council’s decision by the Purchasing Division. Carried 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 There was no Unfinished Business considered under this Section of the Agenda. Council Minutes December 12, 2016 - 13 - 14 By-laws Resolution #C-359-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2016-095 to 2016-100 14.1 2016-095 Being a By-law to require payment of fees for services and amend Schedule B of the Fee By-law 2010-142 (Item 5 of the General Government Committee Report) 14.2 2016-096 Being a By-law to amend By-law 2013-024, a by-law respecting responsible pet ownership (Item 6 of the General Government Committee Report) 14.3 2016-097 Being a By-law to authorize an Interim Tax levy for 2017 (Item 12 of the General Government Committee Report) 14.4 2016-098 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Municipality of Clarington) (Item 6 of the Planning & Development Committee Report) 14.5 2016-099 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Lanarose Properties Ltd. (The Kaitlin Group)] (Approved by Council on February 29, 2016) 14.6 2016-100 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Akero Developments Inc.) (Approved by Council on May 12, 2014); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There was no Procedural Notice of Motion considered under this Section of the Agenda. 16 Other Business Councillor Neal requested an update on the meeting with Blackbird Constructors 407 GP regarding resident well issues, as well as the matter raised by Libby Racansky regarding an Ontario Municipal Board decision concerning developers paying for well interference. The Director of Engineering Services stated that staff has held two technical meetings to gather and compare data regarding wells on a municipal-wide basis and that there will be a presentation of information to the public in January.