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HomeMy WebLinkAbout01-16-2017Council Minutes January 16, 2017 - 1 - Minutes of a regular meeting of Council held on January 16, 2017, at 7:00 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: C. Clifford, R. Albright, A. Allison, J. Caruana, D. Crome, D. Ferguson, F. Horvath, 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 Cooke led the meeting in a moment of reflection. 3 Declaration of Interest There were no declarations of interested stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Resolution #C-001-17 Moved by Councillor Partner, seconded by Councillor Woo That the Rules of Procedure be suspended to introduce a motion concerning the appointment of a Member of Council to serve on the CAO Recruitment Selection Committee. Carried This matter is considered later in the meeting under the Unfinished Business Section of the Agenda. 5 Adoption of Minutes of Previous Meeting Resolution #C-002-17 Moved by Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of December 12, 2016, be approved. Carried Council Minutes January 16, 2017 - 2 - 6 Presentations Mayor Foster advised that Mary Ann Found would be invited to the next Council meeting to receive a Certificate of Recognition. 7 Delegations Steve Weykamp addressed Council concerning Item 10 of the Planning & Development Committee Report – Report PSD-007-17 - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke. Mr. Weykamp quoted sections of the Provincial Policy Statement with respect to decisions regarding planning matters being consistent with policy statements issued under the Planning Act. He noted the language in Section 2.3.3. of the Provincial Policy Statement takes a limiting and direct approach in that the acceptable area occupied by a on-farm diversified use is up to 2% of the farm parcel. He stated this language shows limitation and is not a just guideline. Mr. Weykamp expressed concern that the conditions imposed on the development with respect to the driveway and septic not would occur as part of the 2.5% footprint and must be considered and that the landowner would exceed the Council imposed limitation of 2.5%. Mr. W eykamp stated he personally spoke to many local residents noting all but one person was passionately opposed to the events venue but not opposed to the concept of Agri-tourism. He felt that if this had been explained to the people who supported the application, he believes they would also support the concept of Agri-tourism but would be opposed to the event venue. Mr. Weykemp referred to precedent-setting cases including “Events by Grace”, the Bloom Field amendment, and the Ontario Municipal Board decision concerning the denial of a recreational event facility in King Township. Mr. Weykamp questioned how adding noise pollution would be a positive contribution to agri-tourism. He confirmed that the opposition to the event venue is not a case of "Not In My Backyard" but a case of following set rules and guidelines by the Provincial government to prevent wrongful use of land. Steve Weykamp responded to questions from Members of Council. Mr. Weykamp confirmed that educational tours and farm gate sales would not be of concern. Council Minutes January 16, 2017 - 3 - Beth Meszaros addressed Council, on behalf of friends and neighbours from the Morgan's Road area, concerning Item 10 of the Planning & Development Committee Report – Report PSD-007-17 - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke. Ms. Meszaros stated residents are not opposed to Agri-tourism but are concerned with the impact of a commercial venue on the serene countryside. Ms. Meszaros questioned why the applicants have not already welcomed groups and tourists for farm cultural, educational and environmental displays as no special permits are required for this to be undertaken. She expressed concern with the lack of communication regarding the banquet facility directly from the owners. Ms. Meszaros referred to the report of the Clarington Agricultural Advisory Committee which supported a maximum of 2% of the acreage for such a venture, and requested that Council abide by the Committee's report. Ms. Meszaros is also concerned with the effect on neighbouring wells, the impact of traffic, noise and precedent-setting decisions. She requested that wells be monitored, a traffic study be conducted, the noise study include not only the sound of music, but the noise generated from idling buses and hundreds of people partying. Ms. Meszaros requested a hard copy of the Noise Consultant's Report and that the Clerk's Department enforcement Division provide input regarding the application prior to a decision being made. Ms. Meszaros provided a copy of her written comments. Beth Meszaros responded to questions from Members of Council. Ms. Mezaros confirmed that regardless of whether the maximum 2% of the acreage was maintained, a banquet facility would remain a concern. Donna Lanigan addressed Council concerning Items 1(c) and 1(d) of the General Government Committee Report regarding Correspondence Items 8.3 from Kristin Robinson and 8.4 from Jim Richards regarding Fire at Durham York Energy Centre. Ms. Lanigan expressed concern that there have been three fires within three months at the Durham/York Energy-from-Waste Facility and there is a lack of accountability and poor communication. Ms. Lanigan questioned whether the proponent, Covanta, would bear the costs of all three fires or if the cost of fire services would be shared among other municipalities, the Region of York or any other stakeholder. She expressed concern that the Ministry of the Environment and Climate Change (MOECC) did not attend the third fire and questioned how the public can be assured that emissions are not happening. Ms. Lanigan expressed concern that the public was not notified of the third fire although Regional Council and staff were notified. Ms. Lanigan feels that a representative from the MOECC should attend any fire to determine whether there is a spill or not. Ms. Lanigan urged Council to request Durham Region to notify the local host community councillors, in addition to notifying Regional Councillors whenever there is a fire, any other operational event, or emergency at the incinerator, and that a media release be posted on the Durham Region and Covanta Durham/York Energy-from Waste websites. Ms. Lanigan provided a copy of her written comments and questions. Council Minutes January 16, 2017 - 4 - Donna Lanigan responded to questions from Members of Council. Resolution #C-003-17 Moved by Councillor Traill, seconded by Councillor Woo That all Members of Clarington Council be included in any Regional distribution lists that Regional Councillors are included on regarding the Energy-From-Waste facility, including but not limited to any fires at the incinerator; That news releases be provided from the Region of Durham regarding any fires at the incinerator; and That a copy of Donna Lanigan’s presentation be forwarded to the Region of Durham. 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 √ Mary-Ann Muizelaar addressed Council concerning Item 10 of the Planning & Development Committee Report – Report PSD-007-17 - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke, requesting the Municipality to pause to reflect, review and exceed due diligence when approving rezoning and on farm diversity uses applications due to the unprecedented nature and complexities of these special event applications. Ms. Muizelaar requested the existing by-laws and imposed conditions on the application be reviewed to determine if they are adequate and clear to address the complexity of hosting a large commercial venue including policing, and plans to address any potential evacuation of the site. Ms. Muizelaar feels that the condition of employing adequate security on site to safeguard large crowds must be included in the application in addition to requiring detailed traffic plans and emergency evacuation plans given the dry conditions and proximity to bales of dry hay bales and grasslands coming into contact with cigarettes. She stated the law enforcement agency, by-law officers and local residents should not be responsible to ensure that conditions and criteria are being upheld and adhered to by the applicant. Ms. Muizelaar requested the Municipality to review the process on approving special event venues with long-term effects on agricultural bases. Council Minutes January 16, 2017 - 5 - Ms. Muizelaar stated the applicants are not a small family farm, but part of a larger business entity, and have always used the land to make a profit. Ms. Muizelaar felt it was important to remember that the application was made on a farm-related basis and stated the applicants are only farming when it is worthwhile to do so. She again requested the Municipality to review the process as it is new and has long-lasting effects on the agricultural base. Mary-Ann Muizelaar responded to questions from Members of Council. Sherry Ibbotson addressed Council concerning Item 10 of the Planning & Development Committee Report – Report PSD-007-17 - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke. Ms. Ibbotson stated her main concern was with respect to traffic and the influx of vehicles using Concession Road 3, as well as the speed of traffic on Morgan's Road. Ms. Ibbotson questioned whether accident statistics had been obtained from Durham Regional Police regarding incidents on Morgan's Road as there are numerous cyclists, joggers, dog walkers, etc. using the road. Ms. Ibbotson indicated currently there is a problem with illegal dumping on Morgan's Road. Ms. Ibbotson stated she is not against farm tours but is concerned with the increased traffic on the rural roads which are not up to standard. Sherry Ibbotson responded to questions from Members of Council. Resolution #C-004-17 Moved by Councillor Partner, seconded by Councillor Hooper That Council recess for ten minutes. Carried The meeting reconvened at 8:46 PM. Resolution #C-005-17 Moved by Councillor Partner, seconded by Councillor Woo That the Order of the Agenda be altered to consider Item 10 of the Planning & Development Committee Report at this time. Carried Council Minutes January 16, 2017 - 6 - 10.3 Planning & Development Committee Report of January 9, 2017 Item 10 - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Resolution #C-006-17 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD-007-17 be received; That Official Plan Amendment application by Deborah and Oswin Mathias (as contained in Attachment 1 to Report PSD-007-17) be denied; That the Zoning By-law Amendment application submitted by Deborah and Oswin Mathias be approved as contained in Attachment 2 to Report PSD-007-17 with revisions to delete paragraph 2 a ii) and 2b; That a Zoning By-law Amendment to remove the “Holding (H)” be forwarded to Council at such time as the applicants have entered into a development agreement on the subject lands; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-007- 17 and Council’s decision; and That all interested parties listed in Report PSD-007-17 and any delegations be advised of Council’s decision. Carried as amended later in the meeting (See following motions) Resolution #C-007-17 Moved by Councillor Neal, seconded by Councillor Traill That Council recess for five minutes. Carried The meeting reconvened at 8:58 PM. Council Minutes January 16, 2017 - 7 - Resolution #C-008-17 Moved by Councillor Partner, seconded by Councillor Woo That the foregoing Resolution #C-006-17 be amended to add the following: “That Correspondence Items 9.1 to 9.12, and any additional correspondence received prior to this meeting, with respect to an application by Deborah and Oswin Mathias to permit special events, farm tours, meat processing and sales at 3582 Morgans Road, be received.” Carried The foregoing Resolution #C-006-17 was then put to a vote and carried as amended on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ 8 Communications – Receive for information There were no Communications to be received for information. 9 Communications – Direction Lois Adams - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Annette Koerssen - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Robert Nick, GHD - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Norma Dumouchel - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Council Minutes January 16, 2017 - 8 - Donna and Glen Middleton - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Dan and Shelley-Anne Zegers - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Edward Swynar - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Ian and Gail McKenzie - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Brian and Lisa Witvoet - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Melanie Stapleton - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Jon Sprenger - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Jean Kimball - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Steve Weykamp - An Application by Deborah and Oswin Mathias to Permit Special Events, Farm Tours, Meat Processing and Sales on an Agricultural Property – 3582 Morgans Road, Clarke Correspondence Items 9.1 to 9.13 were considered earlier in the meeting during discussion of Item 10 of the Planning & Development Committee Report. Council Minutes January 16, 2017 - 9 - 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated December 8, 2016 10.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated December 13, 2016 10.1.3 Minutes of the Clarington Heritage Committee dated November 15, 2016 10.1.4 Minutes of the Clarington Museum and Archives Board dated December 14, 2016 Resolution #C-009-17 Moved by Councillor Neal, seconded by Councillor Hooper That Advisory Committee Report Items 10.1.1 to 10.1.4, be received for information. Carried General Government Committee Report of January 3, 2017 Resolution #C-010-17 Moved by Councillor Partner, seconded by Councillor Traill That the recommendations contained in the General Government Committee Report of January 3, 2017 be approved, on consent, with the exception of item #9. Carried Item 9 – Appointments to the Agricultural Advisory Committee Councillor Neal stated it was his understanding that if this item was pulled, the appointments to the Committee would proceed with a vote by ballot. Mayor Foster ruled that a motion would be required to conduct a vote to appoint representatives to the Agricultural Advisory Committee, in accordance with the Appointments to Boards and Committees Policy. Councillor Neal appealed the ruling of the Chair. Mayor Foster posed the following question “Will the ruling be sustained?” The ruling of the Chair was sustained. Council Minutes January 16, 2017 - 10 - Resolution #C-011-17 Moved by Councillor Neal, seconded by Councillor Cooke That Council consider the applications for appointment to the Clarington Agricultural Advisory Committee and that the vote be conducted to appoint the citizen representatives to the Committee for a term ending December 31, 2020, or until a successor is appointed, in accordance with the Appointment to Boards and Committees Policy. Carried The following appointments were made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy, for the Agricultural Advisory Committee for term ending December 31, 2020, or until a successor is appointed: • Les Caswell • Elgin Greenham • Brenda Metcalf • W. Edward Watson (Ted) • Henry Zekveld Planning & Development Committee Report of January 9, 2017 Resolution #C-012-17 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of January 9, 2017 be approved, on consent, with the exception of item #10 which was considered earlier in the meeting. Carried 11 Staff Reports 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. Council Minutes January 16, 2017 - 11 - 13 Unfinished Business Executive Recruiting Services for Recruitment of a Chief Administrative Officer Resolution #C-013-17 Moved by Councillor Partner, seconded by Councillor Woo Further to Council’s acceptance of the Interim CAO’s Report CAO-007-16, recommending that: 1. a selection committee be established to a) Select a recruitment firm to assist with a recruitment of a CAO and b) Work with the recruitment firm to recommend to Council a short list of candidates to interview for the CAO’s position; and 2. That the Selection Committee consist of the Interim CAO, Mayor, an executive with senior leadership experience in public sector organizations (who Council subsequently chose – Ken Knox) and a Councillor to be chosen by Council. Therefore, be it resolved that Councillor Ron Hooper be appointed by Council to serve on the Selection Committee. Motion Ruled out of Order Resolution #C-014-17 Moved by Councillor Neal, seconded by Councillor Traill That the Rules of Procedure be suspended to reconsider Resolution #C-344-16 to reconsider the appointment of one Council representative to the CAO Recruitment Selection Committee. Lost Resolution #C-015-17 Moved by Councillor Partner, seconded by Councillor Woo Further to Council’s acceptance of the Interim CAO’s Report CAO-007-16, recommending that: 1. a selection committee be established to a) Select a recruitment firm to assist with a recruitment of a CAO and b) Work with the recruitment firm to recommend to Council a short list of candidates to interview for the CAO’s position; and Council Minutes January 16, 2017 - 12 - 2. That the Selection Committee consist of the Interim CAO, Mayor, an executive with senior leadership experience in public sector organizations (who Council subsequently chose – Ken Knox) and a Councillor to be chosen by Council. Therefore be it resolved that upon Council members indicate their willingness to stand for appointment, that Council conduct a vote for appointment to the CAO Selection Committee in accordance with the policy. Carried Councillor Partner was appointed to the CAO Recruitment Selection Committee in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy. 14 By-laws By-law 2017-008 was withdrawn from the Agenda due to Council’s denial of the application for amendment to the Clarington Official Plan. Resolution #C-016-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2017-001 to 2017-0007 and 2017-009 to 2017-011 14.1 2017-001 Being a By-law to exempt a certain portion of Registered Plan 40M-2513 from Part Lot Control 14.2 2017-002 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (LBD Holdings Ltd.) (Approved by Council on February 8, 2016) 14.3 2017-003 Being a By-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington and amend the Emergency Management Structure contained in By-law 2004-170 (Item 6 of the General Government Committee Report) 14.4 2017-004 Being a By-law to establish certain lands as public highways (Item 8 of the General Government Committee Report) 14.5 2017-005 Being a By-law to Amend Zoning By-law 2005-109, for the Corporation of the Municipality of Clarington (City Homes) (Approved by Council on May 2, 2016) 14.6 2017-006 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1494339 Ontario Limited) (Item 8 of the Planning & Development Committee Report) Council Minutes January 16, 2017 - 13 - 14.7 2017-007 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (2265719 Ontario Inc.) (Item 9 of the Planning & Development Committee Report) 14.9 2017-009 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Deborah and Oswin Mathias) (Item 10 of the Planning & Development Committee Report) 14.10 2017-010 Being a By-law to repeal Interim Control By-law 2016-056 (Approved by Council on December 12, 2016) 14.11 2017-011 Being a By-law to exempt a certain portion of Registered Plan 40M-2506; 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 questioned the status of the meeting with Blackbird Constructors 407 GP, the Ministry of the Environment and Climate Change, Conservation Authorities and affected well-owners regarding well-related concerns. The Assistant Director of Engineering indicated that Blackbird has requested to meet with staff only and that they are working on a public information-type centre to inform the public on what to do when their wells go dry. The Assistant Director of Engineering stated that he will further discuss the logistics of the meeting with Blackbird. Mayor Foster requested the Assistant Director of Engineering to investigate the matter of Revenue Canada waiving fees for bringing in water for cattle. Councillor Woo referred to the 2016 livestock tax deferral as referenced in the Clarington Agricultural Advisory Committee minutes on page 24 of the January 16, 2017, Council Agenda. 17 Confirming By-law Resolution #C-017-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-012, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 16th day of January, 2017; and That the said by-law be approved. Carried