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HomeMy WebLinkAbout04-10-2017Council Minutes April 10, 2017 - 1 - Minutes of a regular meeting of Council held on April 10, 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 (attended until 10:25 PM), Councillor W. Woo Staff Present: C. Clifford, A. Allison, T. Calhoun, T. Cannella, J. Caruana, D. Crome, L. Gordon, F. Horvath, M. Marano, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Prior to the start of the meeting Mayor Foster acknowledged the 100th Anniversary of the Battle of Vimy Ridge and the sacrifices made by the Canadian soldiers and paid tribute to former Mayor Diane Hamre who passed away last week, expressing condolences to her family and to the community in the loss of a great community leader. Councillor Traill led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Neal indicated that he would be declaring an interest with respect to Item 3 of the Planning and Development Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Resolution #C-080-17 Moved by Councillor Neal, seconded by Councillor Hooper That the Rules of Procedure be suspended to permit Michael Fry to address Council concerning Unfinished Business Item 13.6 - Applications by Bowmanville Village Inc. for proposed Draft Plan of Subdivision and Zoning By-law Amendment. Carried Council Minutes April 10, 2017 - 2 - 5 Adoption of Minutes of Previous Meeting Resolution #C-081-17 Moved by Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of March 20, 2017, be approved. Carried 6 Presentations There were no Presentations scheduled for this meeting. 7 Delegations Libby Racansky addressed Council concerning Item 1(e) of the General Government Committee Report – Highway 407 East Phase 2 Design and Construction Report #5. Through use of a PowerPoint presentation, Ms. Racansky highlighted the degradation of roads due to the design and construction of Highway 407/418 including flooding and runoff, environmental impacts, particularly on the Black Creek, and water table issues. She stated run- off is eroding the reconstructed Hancock Road and bridge structures and water is collecting on Nash Road because the size of the culvert is not appropriate. Ms. Racanksy noted that the Highway 407 East Phase 2 Design and Construction Report #5 is available for public viewing and comment until April 24, 2017, and felt it was incumbent upon Council to write to the Ministry of Transportation requesting financial assistance to protect local infrastructure and residents from additional financial pressure. Ms. Racansky expressed concern that the sides of the highway may become littered with debris should they not be revegetated. She compared the normal aquifer system in Southern Ontario to the local aquifer system and requested Council to engage the services of a hydrogeologist to protect wells in the area. Resolution #C-082-17 Moved by Councillor Partner, seconded by Councillor Traill That the Rules of Procedure be suspended to allow the delegation of Libby Racansky to be extended for two minutes. Carried Ms. Racansky urged Members of Council to petition the Provincial Government for assistance. She expressed concern that flooding may cause West Nile Virus, lime disease, etc. and will affect the habitat of wildlife. Council Minutes April 10, 2017 - 3 - Ms. Racansky responded to questions from Members of Council. Resolution #C-083-17 Moved by Councillor Neal, seconded by Councillor Cooke That the delegation of Libby Racansky be referred to Item 1(e) of the General Government Committee Report. Carried Andy Brown addressed Council concerning Unfinished Business Item 13.6 – Report PSD-026-17 applications by Bowmanville Village Inc. for proposed Draft Plan of Subdivision and Zoning By-law Amendment. Mr. Brown stated his main issue is the overlook and loss of privacy for residents on Buttonshaw Street. Through use of a PowerPoint presentation, Mr. Brown compared various deck elevations, indicating those that would be acceptable to those that would be unacceptable. He felt that outdoor amenities should be on the ground level below the top of the privacy fence. Mr. Brown referred to an infill development in Toronto in which residents opposed a three storey townhouse development. He indicated that the developer has agreed that along the back there would not be any balconies or decks facing existing residences. In addition, trees were being planted along the rear of the developer’s property. Mr. Brown suggested this approach be made a condition of the Bowmanville Village Inc. development proposal. He stated that he had reviewed a memorandum from the Director of Planning Services suggesting that vouchers be given to residents to purchase trees to plant in their own yards. Mr. Brown feels that this gesture was more of the status quo and felt that Clarington has an opportunity to make the developers care more about the existing residents by planting trees on their land and making these boundary trees that cannot be cut down by either side without permission of the other. Mr. Brown urged Council to take more of a stance for the protection of the existing Buttonshaw Street residents in protecting their privacy as much as possible. Mr. Brown responded to questions from Members of Council. Michael Fry addressed Council concerning Unfinished Business Item 13.6 – Report PSD-026-17 applications by Bowmanville Village Inc. for proposed Draft Plan of Subdivision and Zoning By-law Amendment. Mr. Fry indicated that he supports the staff report and the memo dated April 10, 2017, from the Director of Planning Services and would be pleased to answer any questions from Members of Council. In response to questions, Mr. Fry indicated he could not speak to the preservation of specific elm trees but noted a significant portion of land would be dedicated to the Municipality; and further, that he would be happy to work with Council in consideration of naming a street after a long-time resident, in line with Council’s approved street- naming policy. He also indicated that a 3D mock-up sketch could be designed. Council Minutes April 10, 2017 - 4 - 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 Advisory Committee Reports 10.1.1 Minutes of the Newcastle Memorial Arena Management Board dated February 14, 2017 Resolution #C-084-17 Moved by Councillor Partner, seconded by Councillor Traill That Advisory Committee Report Item 10.1.1 be received for information. Carried General Government Committee Report of March 27, 2017 Resolution #C-085-17 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of March 27, 2017 be approved, on consent, with the exception of items #1(e) and #5. Carried Item 1(e) – Dave Keys, Environmental Manager, Blackbird Constructors 407 General Partnership – Highway 407 East Phase 2 Design and Construction Report #5 Resolution #C-086-17 Moved by Councillor Cooke, seconded by Councillor Woo That correspondence from Dave Keys, Environmental Manager, Blackbird Constructors 407 General Partnership – Highway 407 East Phase 2 Design and Construction Report #5 be received for information. Carried Council Minutes April 10, 2017 - 5 - Item 5 – Emergency and Fire Services – Governing By-law Update, Automatic Aid Agreement Update Resolution #C-087-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Report ESD-002-17 be received; That the updated Emergency and Fire Services Governing By-law (Attachment 1 to Report ESD-002-17) be approved; That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with Port Hope, Attachment 2 to Report ESD-002-17, as amended as follows: to strike the words “and one rescue van” from item 2.2 of the Agreement; and to replace the words “seven men” with the words “five firefighters” in item 3; and That By-law 2010-077 and By-law 2001-172 be repealed. Tabled (See following motion) Resolution #C-088-17 Moved by Councillor Partner, seconded by Councillor Cooke That the foregoing Resolution #C-087-17 be tabled until the General Government Committee meeting of April 18, 2017. Carried Planning & Development Committee Report of April 3, 2017 Resolution #C-089-17 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of April 3, 2017 be approved, on consent, with the exception of items #3, #4, and #6. Carried Councillor Neal declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 3 of the Planning and Development Committee Report, as it relates to his law practice and left the Council Chambers during discussion and voting on this matter. Council Minutes April 10, 2017 - 6 - Item 3 – An Application by Newcastle Lodge for Senior and Family Dwellings to Construct a Six Storey, Mixed-Use Building Addition on King Avenue East, Newcastle Resolution #C-090-17 Moved by Councillor Woo, seconded by Councillor Partner That Report PSD-022-17 be received; That the applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by Newcastle Lodge for Senior & Family Dwellings to construct a six storey, mixed-use building addition continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD-022-17 and any delegations be advised of Council’s decision. Carried Councillor Neal returned to the meeting. Item 4 – Claret Investments Limited & 1361189 Ontario Limited - Application to Amend the Zoning By-law to facilitate the Creation of 15 Single Detached Lots on Lands Located on Harry Gay Drive, Courtice Resolution #C-091-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-024-17 be received; That the application for rezoning ZBA2016-0016, submitted by WDM Consultants be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD-024-17 be passed; That a by-law to remove the (H) Holding Symbol be forwarded to Council once the road within Block 14 has been constructed, Block 13 has been dedicated to the Municipality in an acceptable condition and all the requirements of the Clarington Official Plan are satisfied; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-024-17 and Council’s decision; and That all interested parties listed in Report PSD-024-17 and any delegations be advised of Council’s decision. Carried Council Minutes April 10, 2017 - 7 - Item 6 – Information on Parking and Patios Resolution #C-092-17 Moved by Councillor Traill, seconded by Councillor Cooke That Planning Staff report back on the feasibility of implementing a pilot project to permit restaurants in downtown Bowmanville and in the Village of Newcastle business areas to use on-street parking spaces as a patio for patrons to eat and drink outdoors; and That staff consult with the Bowmanville BIA and the Newcastle BIA and restaurant owners in drafting the above report, as well as other interested departments such as By-law Enforcement and Emergency and Fire Services. Carried later in the meeting (See following motion) Resolution #C-093-17 Moved by Councillor Partner, seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-092-17 a second time. Carried The foregoing Resolution #C-092-17 was then put to a vote and carried. Resolution #C-094-17 Moved by Councillor Partner, seconded by Councillor Hooper That Council recess for ten minutes. Carried The meeting reconvened at 9:06 PM. 11 Staff Reports There were no Staff Reports considered under this Section of the Agenda. 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 April 10, 2017 - 8 - 13 Unfinished Business Report EGD-12-17 - Liberty Crossings Neighbourhood Dust Control Status Update (Referred to Council by the General Government Committee on March 27, 2017) Resolution #C-095-17 Moved by Councillor Neal, seconded by Councillor Hooper That Report EGD-012-17 be received for information. Carried Resolution #GG-158-17 - Report CLD-006-17, Municipal Elections - Methods of Elections (Tabled to Council by the General Government Committee on March 27, 2017) Resolution #C-096-17 Moved by Councillor Traill, seconded by Councillor Neal That Resolution #GG-158-17 be lifted from the table. Carried Council now had the following Resolution #GG-158-17 before them: That Report CLD-006-17 be received; That the Council of the Municipality of Clarington endorse Internet and Telephone Voting for Advance Polls and Voting Day (Option 2) as the preferred method of voting for the Municipality of Clarington, beginning with the 2018 Municipal Elections; and That Attachment 2 of Report CLD-006-17, the draft by-law to authorize the use of internet and telephone voting, and to repeal By-law 2013-038 (which authorizes the use of vote tabulators, special ballots, and accessible equipment for Municipal Elections), be approved. Lost on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Mayor Foster √ Council Minutes April 10, 2017 - 9 - Resolution #C-097-17 Moved by Councillor Neal, seconded by Councillor Hooper That Report CLD-006-17 be received for information. Carried Resolutions #GG-163-17 and #GG-164-17 Report CLD-008-17, Senior of the Year Nominations (Tabled to Council by the General Government Committee on March 27, 2017) Resolution #C-098-17 Moved by Councillor Neal, seconded by Councillor Hooper That Resolutions #GG-163-17 and #GG-164-17 be lifted from the table. Carried Council now had the following Resolutions #GG-163-17 and #GG-164-17 before them: Resolution #GG-163-17 That Report CLD-008-17 be received; That one individual be selected as Clarington's nominee for the 2017 Senior of the Year Award; That all interested parties listed in Report CLD-008-17 and any delegations be advised of Council's decision. Resolution #GG-164-17 That the foregoing Resolution #GG-163-17 be amended to add: That Mr. Jim Boate be added as a nominee for the 2017 Senior of the Year Award. Resolution #C-099-17 Moved by Councillor Partner, seconded by Councillor Woo That the foregoing Resolution #GG-164-17 be amended to add: That Ms. Jeany Barrett be added as a nominee for the 2017 Senior of the Year Award. Carried Resolution #GG-164-17 was then put to a vote and carried as amended. Resolution #GG-163-17 was then put to a vote and carried as amended. Council Minutes April 10, 2017 - 10 - Ms. Jeany Barrett was nominated as the Municipality of Clarington’s 2017 Senior of the Year in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy. Resolution #PD-060-17 - Report PSD-025-17 – An Application by Bloomfield Farms to amend Sign By-law 2009-123 to permit an electronic message board sign on an agricultural property located at 3745 Highway 2, Newcastle (Referred to Council by the Planning & Development Committee on April 3, 2017) Resolution #C-100-17 Moved by Councillor Partner, seconded by Councillor Woo That the application by Nancy Mallette to amend Sign By-law 2009-123 to permit an electronic message board sign at 3745 Highway 2, Newcastle be approved; That the By-law contained as Attachment 3 to the Memo from the Director of Planning Services on the application by Bloom Field Farms dated April 10, 2017 be passed; and That the applicant be notified. Carried Report PSD-021-17 - Application by Valiant Property Management Lowe’s Home Improvement (Referred to Council by the Planning & Development Committee on April 3, 2017) Resolution #C-101-17 Moved by Councillor Woo, seconded by Councillor Traill That Report PSD-021-17 regarding the application by Valiant Property Management for a Lowe’s Home Improvement Store (Item 13.5 of the Agenda) and the proposed by-law (Item 14.6 of the Agenda) be referred to the Planning and Development Committee meeting of April 24, 2017; and That the applicant and all interested parties be notified. Carried Report PSD-026-17 - Applications by Bowmanville Village Inc. for proposed Draft Plan of Subdivision and Zoning By-law Amendment (Referred to Council by the Planning & Development Committee on April 3, 2017) Resolution #C-102-17 Moved by Councillor Hooper, seconded by Councillor Woo That Report PSD-026-17 be received; Council Minutes April 10, 2017 - 11 - That Staff be directed to take the steps necessary to seek approval from the Ontario Municipal Board for Draft Plan of Subdivision (S-C-2014-0002) and Zoning By-law Amendment (ZBA 2014-0023), generally as set out in Attachments 1 and 2 to Report PSD-026-17, respectively with amendments to incorporate the response of staff contained in the memo of the Director of Planning Services dated April 10, 2017; and That all interested parties listed in Report PSD-026-17 and any delegations be advised of Council's decision. Carried later in the meeting (See following motion) Resolution #C-103-17 Moved by Councillor Neal, seconded by Councillor Partner 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 advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Councillor Traill left the meeting. The meeting reconvened in open session at 10:51 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-104-17 Moved by Councillor Neal, seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting until 11:15 PM. Carried Council Minutes April 10, 2017 - 12 - Resolution #C-105-17 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-102-17 be amended to include a restriction to the maximum deck depth of up to 10 feet from the backs of the houses that would be facing Buttonshaw Street, on Lots 1 to 19. Lost on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ The foregoing Resolution #C-102-17 was then put to a vote and carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ 14 By-laws By-law 2017-033 was withdrawn from the Agenda due to the tabling of Item 5 of the General Government Committee Report. By-law 2017-034 was withdrawn from the Agenda due to Report CLD-008-17 being received for information. By-law 2017-037 was withdrawn from the Agenda due to the referral of Unfinished Business Item 13.5 to the Planning and Development Committee meeting of April 24, 2017. Council Minutes April 10, 2017 - 13 - Resolution #C-106-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2017-032, 2017-035, 2017-036, 2017-038 and 2017-039 14.1 2017-032 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 4 of the General Government Committee Report) 14.4 2017-035 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Claret Investments Limited & 1361189 Ontario Limited) (Item 4 of the Planning & Development Committee Report) 14.5 2017-036 Being a By-law to authorize the closure and conveyance of a road allowance (Approved by Council on February 6, 2017) 14.7 2017-038 Being a By-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2017 and to provide for the collection thereof (Approved by Council on February 6, 2017); and 14.8 2017-039 Being a By-law to amend By-law 2009-0123, the Sign By-law for the Corporation of the Municipality of Clarington (Unfinished Business 13.4); 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 17 Confirming By-law Resolution #C-107-17 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-law 2017-040, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 10th day of April, 2017; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-108-17 Moved by Councillor Partner, seconded by Councillor Woo That the meeting adjourn at 11:08 PM. Carried Mayor -14- Council Minutes April 10, 2017 f Municipal Clerk