HomeMy WebLinkAbout12-12-2016Council
Minutes
December 12, 2016
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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.
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December 12, 2016
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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.
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December 12, 2016
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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
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December 12, 2016
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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.
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December 12, 2016
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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;
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December 12, 2016
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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;
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December 12, 2016
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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;
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December 12, 2016
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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
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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
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December 12, 2016
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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.
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December 12, 2016
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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
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December 12, 2016
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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.
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December 12, 2016
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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.