HomeMy WebLinkAbout01-16-2017Council
Minutes
January 16, 2017
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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
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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.
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Minutes
January 16, 2017
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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.
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January 16, 2017
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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.
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January 16, 2017
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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
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Minutes
January 16, 2017
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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.
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January 16, 2017
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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
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January 16, 2017
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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.
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January 16, 2017
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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.
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January 16, 2017
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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.
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January 16, 2017
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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
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January 16, 2017
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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)
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January 16, 2017
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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