2 moment of reflection 3 declaration of interest 4 announcements min… · 2 moment of reflection...

Council Minutes

February 4, 2019

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Minutes of a regular meeting of Council held on February 4, 2019, at 7:00 PM, in the Council Chambers.

Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart

Staff Present: A. Allison, R. Albright, T. Calhoun, J. Caruana, F. Horvath, F. Langmaid, M. Marano, R. Maciver, T. Pinn, A. Greentree, M. Chambers

1 Call to Order

Mayor Foster called the meeting to order at 7:00 PM.

2 Moment of Reflection

Councillor Neal led the meeting in a moment of reflection.

3 Declaration of Interest

Councillor Neal declared an indirect interest in Report COD-003-19, regarding Neighbourhood Character Study (Item 7 of the General Government Committee Report).

4 Announcements

Andrew Allison, Chief Administrative Officer, introduced Michael Seaman, the new Director of Planning Services. Mr. Allison provided a brief summary of Mr. Seaman’s work history and welcomed him to the Municipality of Clarington.

Members of Council announced upcoming community events and matters of community interest.

5 Adoption of Minutes of Previous Meeting

Resolution #C-029-19

Moved by Councillor Traill seconded by Councillor Zwart

That the minutes of the regular meeting of the Council held on January 14, 2019, be approved.

Carried

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6 Presentations

None

7 Delegations

Suspend the Rules


Moved by Councillor Traill, seconded by Councillor Neal

That the Rules of Procedure be suspended to add Wendy Bracken as a delegation regarding Report PSD-010-19, Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10.

Carried


Moved by Councillor Traill, seconded by Councillor Neal

That the Rules of Procedure be suspended to extend Linda Gasser’s delegation to a 12 minute time limit.

Carried

7.1 Linda Gasser, regarding Report PSD-010-19, Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10 (Agenda Item 13.2)

Linda Gasser was present regarding Report PSD-010-19, Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10. She made verbal presentation to accompany an electronic presentation. Ms. Gasser believes that paragraph 2 and 7 of the proposed Resolution in the Report appear to be contradictory and she has concerns with paragraph eight sections 1b and 1g. She continued by asking the Members of Council for the following changes to the proposed resolution in Report PSD-010-19. Ms. Gasser outlined her suggested changes:

• That Paragraph 7 be deleted to provide more focus on the proposed incinerator expansion.

• That Paragraph 8 section 1b, be deleted so that the Anaerobic Digestion (AD) process is not accelerated.

• If Paragraph 8 section 1b is not deleted, it be changed to request that the AD process continue to be investigated and a Regional recommendation report with an updated business case be presented at the earliest opportunity.

• That if Paragraph 8 section 1b is not deleted that 1c go after 1d.

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She continued by noting that Councillor Neal’s resolution requesting an additional stack test in 2019 was passed and asked that soil sampling be considered when submitting future comments. Ms. Gasser explained why source separation needs to be a priority, reviewed previous GHD Reports, and reasons not to take a premature position on an organics strategy. She concluded by reviewing the estimates costs for the potential expansion. Ms. Gasser answered questions from the Members of Council.

7.2 Wendy Bracken, regarding Report PSD-010-19, Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10 (Agenda Item 13.2)


Moved by Councillor Neal, seconded by Councillor Traill

That the Rules of Procedure be suspended to extend Wendy Bracken’s delegation to a 12 minute time limit.

Carried

Wendy Bracken was present regarding Report PSD-010-19, Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10. She a made verbal presentation to accompany an electronic presentation. Ms. Bracken has concerns with paragraph 7 of the proposed Resolution as well as paragraph 8 sections 1b and 1g. She continued by asking the Members of Council for the following changes to the proposed resolution in Report PSD-010-19. Ms. Bracken outlined her suggested changes:

• That Paragraph 7 be deleted, as it implies premature endorsement of Anaerobic Digestion (AD).

• That Paragraph 8 section 1b be reworded to ask that the AD process continue to be investigated by Regional Staff.

• That at a later date, annual soil monitoring be requested. • That the message to the Ministry of Environment, Conservation and Parks

(MECP) must ask for a full review of the health and ecological risks. • That Section 3 include that appropriate and up to date health-based toxicity

reference values and standards be applied.

Ms. Bracken explained the importance of updating the standards and noted that the ambient air standards are being lowered in 2020. She reviewed the health effects of NO2, current priorities of the Canadian Ambient Air Quality Objectives, and the new CCME Air Quality Management Levels and Goals. Ms. Bracken reviewed several charts containing the World Health Organization bench mark values and stated that these standards need to be updated. Ms. Bracken answered questions from the Members of Council.

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Suspend the Rules


Moved by Councillor Neal seconded by Councillor Hooper

That the Agenda be altered to consider Item 13.2, Report PSD-010-19, Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10, at this time.

Carried

13.2 Report PSD-010-19 - Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10 [Referred from the January 28, 2019 Planning and Development Committee Meeting]


Moved by Councillor Jones, seconded by Councillor Neal

Whereas Regional Staff presented Report #2019-COW-3, Solid Waste Management Servicing and Financing Study on January 16, 2019 to outline a number of processes, amongst them being:

• Endorsement of a long term waste management vision founded on managing waste as a resource;

• Commencement of public consultation and communications for the Regional Municipality of Durham’s Long Term Waste Management Strategy (Update for 2021-2040);

• Authorization to apply to the Ministry of Environment, Conservation and Parks (MECP) to increase the processing limit of 140,000 tonnes per year to 160,000 tonnes per year at the Durham York Energy Centre (DYEC);

• Commencement of the focused Environmental Assessment (EA) Terms of Reference for the future expansion of the DYEC to 250,000 tonnes per year with anticipated construction in 10-15 years.

Whereas Clarington is concerned that some of the actions are pre-judging the results of the Long Term Waste Management Strategy and are a more costly approach to waste diversion; and

Whereas Clarington is concerned with the on-going operational issues at the DYEC and in particular the air emissions (ambient and stack) which have shown exceedances in the past; and

Whereas the emissions sources tests at the DYEC from September 2018 indicate that it is operating at 91% of the ECA Compliance Approval Limit for NOx; and

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Whereas Section 22.1 of the EA stipulates that the maximum amount of waste that may be processed at the DYEC is 140,000 tonnes per year; and

Whereas the Region committed to a 70% waste diversion target in the DYEC EA and the Host Community Agreement; and

Whereas on June 13, 2018 Regional Council approved anaerobic digestion (AD) with a mixed waste transfer and pre-sort facility as the preferred technologies for the Region’s long term organic management strategy (Report #2018-COW-146) which is necessary to move from 55% to 70% diversion;

Now therefore be it resolved that:

1. Clarington Council requests Durham Region Council to direct staff to:

a) Proceed with haste on renewing its commitment to waste reduction, reuse, and diversion by reviewing, updating, and consulting with the public on the Long Term Waste Management Strategy;

b) Continue to investigate the AD process for implementation by Regional staff with a report to Regional Council, before June 2019 outlining steps necessary to complete this project within a 3 year timeframe;

c) Prepare a public consultation and communication plan, including anticipated timelines, to educate the community about the preferred technologies (approval as per #2018-COW-146), including the rationale, regulatory process, siting, opportunities for public input, and how the project contributes to the Region’s 70% waste diversion target;

d) Clarify how they intend to obtain the input of the public with respect to any proposed increase to the processing limit of the DYEC;

e) Post the work plan for the dioxins and furans long-term sampling system (AMESA) on the DYEC website, and provide a timeline for verification of the AMESA system, as required by the DYEC ECA and, upon completion of the actions in the work plan report back on the results to Durham Region and Clarington Councils;

f) Prepare and implement a communications plan to include greater promotion, education, enforcement and public awareness of the Region’s waste management system; and

g) Continue to perform both an additional annual source test at the DYEC and the DYEC Ambient Air Monitoring Program for at least 3 additional years, minimum.

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That Clarington forward a request to the MECP to prepare a report on local airshed quality, including (i) the sources and concentrations of NOx and Sox, and how any lowered ambient air standards for NOx and Sox, will be managed given that this will result in exceedances at current emissions levels; and (ii) that identifies and evaluates the sources and concentrations of local airshed emissions, associated health risks and overall air quality and

That Clarington inform the MECP of its position that any amendment to the EA to increase the processing limit of the DYEC beyond the current 140,000 tonnes per year be contingent upon a full review of the proposal under the Environmental Assessment Act, that applies appropriate and up to date health-based toxicity reference values and standards, and include a consideration of the concerns listed above.

That this resolution be circulated to the MECP, Durham Region, and area municipalities including York Region; and

That Report PSD-010-19 be received and all interested parties listed in the Report and any delegations be advised of Council's decision.

Carried as Amended Resolution #C-035-19

Moved by Councillor Zwart, seconded by Councillor Jones

That the foregoing Resolution #C-034-18 be amended by adding the following after the word Council in section 1b:

“together with a final business case.” Carried

The foregoing Resolution #C-034-19 was then carried on the following recorded vote:

Council Member Yes No Declaration of Interest

Absent

Councillor Anderson X

Councillor Hooper X Councillor Jones X Councillor Neal X Councillor Traill X Councillor Zwart X Mayor Foster X

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8 Communications – Receive for Information

There were no communications to be received for information.

9 Communications – Direction

There were no communications for direction.

10 Committee Reports

10.1.1 Newcastle Arena Board Minutes

Minutes of the Newcastle Arena Board dated November 13, 2018

10.1.2 Agricultural Advisory Committee Minutes

Minutes of the Agricultural Advisory Committee dated January 10, 2019

10.1.3 Heritage Committee Minutes

Minutes of the Clarington Heritage Committee dated January 15, 2019

10.1.4 Active Transportation and Safe Roads Committee Minutes

Minutes of the Active Transportation and Safe Roads Advisory Committee dated January 17, 2019


Moved by Councillor Anderson, seconded by Councillor Hooper

That Advisory Committee Report Items 10.1.1 and 10.1.4, be approved. Carried

10.2 General Government Committee Report of January 21, 2019


Moved by Councillor Jones, seconded by Councillor Hooper

That the recommendations contained in the General Government Committee Report of January 21, 2019, be approved, on consent, with the exception of items #7, #5 and #9.

Carried

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Item 7 –Neighbourhood Character Study

Councillor Neal declared an indirect interest in Report COD-003-19, regarding Neighbourhood Character Study as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter.


Moved by Councillor Hooper, seconded by Councillor Traill

That Report COD-003-19 be received;

That the proposal received from MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) being the most responsive bidder meeting all terms, conditions and specifications of RFP2018-12 and subject to a satisfactory reference check, be awarded the contract for the provision of consulting services to complete the Neighbourhood Character Study;

That the funds required in the amount of $ 58,451.71 (net HST rebate) be drawn from the following account:

Consulting & Zoning By-law Review # 100-50-130-00000-7160 $58,451.71; and

That all interested parties listed in Report COD-003-19 and any delegations be advised of Council's decision by the Department.

Carried

Councillor Neal returned to the meeting.

Item 5 –Pilot Youth Centre, Courtice (The Loft)


Moved by Councillor Jones, seconded by Councillor Hooper

That Report CSD-001-19 be received;

That 2019 funding requirements for the Courtice Youth Centre and the Newcastle Youth Centre be referred to the John Howard Society of Durham Region 2019 grant submission and considered by Council during the 2019 budget process; and

That all interested parties listed in Report CSD-001-19 and any delegations be advised of Council’s decision.

Carried

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Item 9 – Region of Durham Transportation Priorities in Clarington



That Region of Durham staff be requested to attend the March 4, 2019 General Government Committee meeting, or as soon as practicable, to address the issue of transportations priorities for the Municipality of Clarington under Regional jurisdiction.

Carried

10.3 Planning & Development Committee Report of January 28, 2019



That the recommendations contained in the Planning & Development Committee Report of January 28, 2019, be approved, on consent.

Carried

11 Staff Reports

11.1 Confidential Verbal Report from the Director of Operations, regarding a Municipal Facility concerning information specifically supplied to the Municipality by the Federal Government

Closed Session


Moved by Councillor Anderson, seconded by Councillor Neal

That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing information explicitly supplied in confidence to the municipality by the Federal Government, or an agency of them.

Carried

11.2 Rise and Report

The meeting resumed in open session at 8:22 PM with Mayor Foster in the Chair.

Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.

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Moved by Councillor Neal, seconded by Councillor Hooper

That the Confidential Verbal Report from the Director of Operations, regarding a Municipal Facility concerning information specifically supplied to the Municipality by the Federal Government, be received for information.

Carried

12 Business Arising from Procedural Notice of Motion

13 Unfinished Business

13.1 Fulfilling a Role of the Strategic Initiatives Officer [Referred from the January 14, 2019 Council Meeting]


Moved by Councillor Neal, seconded by Councillor Zwart

That a position with the title “Corporate Policy Analyst” be filled, with the funding source at the discretion of the Director of Finance;

That the position:

(a) be advertised as a non-affiliated two year contract with a six month probation period;

(b) require a Masters of Public Administration and/or a combination of education and experience in the development of public policy satisfactory to the CAO;

(c) report to the CAO; (d) be remunerated within a range of $80,000 to $95,000 annually, subject to all

statutory deductions; (e) have benefits after the first year that are limited to Extended Health Care, Dental,

and Short Term Disability up to 10 days annually (i.e. no Life, AD&D or LTD); That the CAO report back to Council prior to the end of the two year contract term regarding the position;

That Purchasing By-law No. 2015-022 be amended to (i) delete item 5.i “Engineering Services and Engineering Consulting Services” from “Schedule “A” - Exempt Good and Services” and (ii) require a roster of approved engineering firms within required disciplines, such that a consulting contracts will be awarded to rostered firms based on price; and

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That the purchasing By-law be amended to require the approval by Council for the hiring of external consultants, except where the same are required by law.

Motion Divided (See following motions)


Moved by Councillor Neal, seconded by Councillor Anderson

That foregoing Resolution #C-044-19 be divided to separate the last paragraph. Carried

Paragraphs 1, 2, 3, and 4 of the foregoing Resolution #C-044-19 was then put to a vote and carried.



That paragraph 5 of the foregoing Resolution #C-044-19 be tabled to the May 6, 2019 General Government Committee meeting.

Carried

13.2 Report PSD-010-19 - Resolution regarding Durham Region’s Solid Waste Management Servicing and Financing Study Report #2019-COW-3 PLN 33.3.10 [Referred from the January 28, 2019 Planning and Development Committee Meeting]

Report PSD-010-19 was considered earlier in the meeting immediately following the Delegation section of the Agenda.

13.3 Report COD-002-19 - Miscellaneous Catch Basin and Maintenance Hole Repairs [Referred at the January 21, 2019 General Government Committee Meeting]


Moved by Councillor Neal, seconded by Councillor Jones

That Report COD-002-19 be received;

That Coco Paving Inc. with an annual bid in the amount of $133,031.87 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-33 be awarded the contract for an initial one year term, as required by the Operations Department;

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That pending satisfactory performance, and pending Council approval, the Purchasing Manager be given the authority to extend that contract for this service for up to three additional one year terms;

That the funds required for this project in the amount of $139,683.46 (Net HST Rebate) which includes the construction cost of $133,031.87 (Net HST Rebate) and contingency cost of $6,651.59 (Net HST Rebate) be funded by the Municipality as follows:

Catch Basin/Sewer Mntnc (2018) 100-36-380-10245-7163 $76,135.08

Catch Basin/Sewer Mntnc (Prior Yrs Unexpended)100-36-280-10245-7163 $63,548.38

That all interested parties listed in Report COD-002-19 and any delegations be advised by the Corporate Services Department of Council's decision regarding the award.

Carried

14 By-laws


Moved by Councillor Hooper, seconded by Councillor Anderson

That leave be granted to introduce By-laws 2019-005 to 2019-007

14.1 2019-005 Being a By-law to exempt a certain portion of Registered Plan 10M-840 from Part Lot Control

14.2 2019-006 Being a By-law to exempt a certain portion of Registered Plan 40M-2629 and 40M-2602 from Part Lot Control

14.3 2019-007 Being a By-law to establish certain lands as Public Highways

(Item 8 of General Government Committee Report)

That the said by-laws be approved. Carried

15 Procedural Notices of Motion

There were no Procedural Notices of Motion introduced under this Section of the Agenda.

2 moment of reflection 3 declaration of interest 4 announcements min… · 2 moment of reflection...

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