HomeMy WebLinkAbout04-10-2017Council
Minutes
April 10, 2017
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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
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April 10, 2017
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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.
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April 10, 2017
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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.
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April 10, 2017
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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
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
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April 10, 2017
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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.
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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
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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.
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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 √
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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.
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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;
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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
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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.
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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
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April 10, 2017
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Municipal Clerk