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HomeMy WebLinkAbout05-01-2017Council Minutes May 1 , 2017 - 1 - Minutes of a regular meeting of Council held on May 1, 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 W. Woo Regrets: Councillor C. Traill Staff Present: C. Clifford, A. Allison, S. Brake, T. Cannella, J. Caruana, F. Langmaid, M. Marano, 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 Woo 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 23 of the General Government Committee Report. Councillor Cooke indicated that he would be declaring an interest with respect to Item 27 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Resolution #C-109-17 Moved by Councillor Partner, seconded by Councillor Woo That the Rules of Procedure be suspended to allow for the introduction of a motion concerning the renaming of the Newcastle & District Recreation Complex. Carried This matter is considered later in the meeting under the Other Business Section of the Agenda. Council Minutes May 1 , 2017 - 2 - 5 Adoption of Minutes of Previous Meeting Resolution #C-110-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the minutes of a regular meeting of April 10, 2017, be approved. Carried 6 Presentations Prior to the meeting, Roger Anderson, Chair, Regional Municipality of Durham, advised he would be unable to attend tonight’s meeting. Mr. Anderson’s presentation will be re-scheduled at a later date. 7 Delegations There were no Delegations scheduled for this meeting. 8 Communications – Receive for information There were no Communications to be received for information. 9 Communications – Direction Jonathan Rodger, Zelinka Priamo Ltd. – Comments on behalf of CP REIT Ontario Properties Limited and Loblaw Properties Limited - Valiant Property Management – Proposed Lowe’s Resolution #C-111-17 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence Item 9.1 from Jonathan Rodger, Zelinka Priamo Ltd., providing comments on behalf of CP REIT Ontario Properties Limited and Loblaw Properties Limited, regarding Valiant Property Management – Proposed Lowe’s, be referred for consideration during discussion of Item 3 of the Planning and Development Committee Report to Council. Carried Council Minutes May 1 , 2017 - 3 - Gabriel Medel-Carratala, Blackbird Constructors 407 General Partnership – Highway 407 East Phase 2 Noise By-law Exemption Request Resolution #C-112-17 Moved by Councillor Woo, seconded by Councillor Cooke That the request from Blackbird Constructors 407 General Partnership, for an exemption to By-law 2007-071 to enable construction to be undertaken during night time (24 hour schedule) from May 8 to August 31, 2017, depending on weather, in the vicinity of Taunton Road and Highway 418 and along the future Highway 418 from Solina Road to south of Taunton Road, be approved in order to expedite the work and minimize the duration of traffic disruptions for users of Taunton Road, Solina Road and surrounding local roads. Carried 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 11, 2017 10.1.2 Minutes of the Agricultural Advisory Committee of Clarington dated April 13, 2017 10.1.3 Minutes of the Accessibility Advisory Committee dated April 5, 2017 10.1.4 Minutes of the Clarington Heritage Committee dated March 21 and April 18, 2017 Resolution #C-113-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Advisory Committee Report Items 10.1.1 to 10.1.4, be received for information. Carried Council Minutes May 1 , 2017 - 4 - General Government Committee Report of April 18, 2017 Resolution #C-114-17 Moved by Councillor Partner, seconded by Councillor Woo That the recommendations contained in the General Government Committee Report of April 18, 2017 be approved, on consent, with the exception of items #3, #20, #23 and #27. Carried Item 3 – Brian Kelly, Manager of Sustainability, Office of the CAO, Region of Durham and Hida Manns, Durham Environmental Advisory Committee, Regarding the Durham Community Climate Adaptation Plan Resolution #C-115-17 Moved by Councillor Woo, seconded by Councillor Hooper That the Municipality of Clarington approve, in principle, the Durham Community Climate Adaption Plan 2016; and That the Interim CAO be directed to continue to have dialog with the Region of Durham regarding the staff resources available from the Municipality of Clarington to the Plan. Carried Item 20 – Architectural Conservancy of Ontario – Clarington Branch Resolution #C-116-17 Moved by Councillor Neal, seconded by Councillor Hooper That Grant Application #17-17 from the Architectural Conservancy of Ontario – Clarington Branch Society, be approved in the amount of $3000.00. Carried Councillor Neal declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 23 of the General Government Committee Report, as he is a member of the Board of Directors of Autism Home Base Durham and left the Council Chambers during discussion and voting on this matter. Council Minutes May 1 , 2017 - 5 - Item 23 – Autism Home Base Durham Resolution #C-117-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Grant Application #17-20 from Autism Home Base Durham, be approved in the amount of $2500.00. Carried Councillor Neal returned to the meeting. Item 27 – Bowmanville District Navy League Councillor Cooke declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 27 of the General Government Committee Report, as he is a member of the Navy League and left the Council Chambers during discussion and voting on this matter. Resolution #C-118-17 Moved by Councillor Partner, seconded by Councillor Woo That Grant Application #17-24 from the Bowmanville District Navy League, be approved in the amount of $2000.00. Carried Councillor Cooke returned to the meeting. Planning & Development Committee Report of April 24, 2017 Resolution #C-119-17 Moved by Councillor Woo, seconded by Councillor Partner That the recommendations contained in the Planning & Development Committee Report of April 24, 2017 be approved, on consent, with the exception of item #3. Carried Council Minutes May 1 , 2017 - 6 - Item 3 – An Application by Valiant Property Management Lowe’s Home Improvement Store Resolution #C-120-17 Moved by Councillor Hooper, seconded by Councillor Woo That Report PSD-021-17 and Addendum to Report PSD-021-17 be received; That Official Plan Amendment Number 110 and a related Zoning By-law Amendment to permit a Lowe’s home improvement store in the former Target building, be approved as contained in Attachment 3 and Attachment 4 to Addendum to Report PSD-021-17; That should a minor variance application be required for the CP REIT Ontario Properties Limited lands, at 2375 Highway 2 during the two-year time-out period, no further Council resolution is required; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum to Report PSD-021-17 and Council’s decision; and That all interested parties listed in Addendum to Report PSD-021-17 and any delegations be advised of Council’s decision. Carried 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. 13 Unfinished Business Report ESD-002-17 - Emergency and Fire Services – Governing By-law Update, Automatic Aid Agreement Update Resolution #C-121-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Resolution #C-087-17 be lifted from the table. Carried Council Minutes May 1 , 2017 - 7 - Council now had the following resolution before them: 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. Resolution #C-122-17 Moved by Councillor Partner, seconded by Councillor Cooke That the foregoing Resolution #C-087-17 be further amended as follows: a) To delete “a triple combination fire truck (pumper) with at least 500 gallons of water and one blocker (if required)” and replace it with “two fire apparatus with at least 500 gallons of water to respond to all fire protection services listed in Section 1.” in items 2.1 and 2.2 of the Agreement; b) To strike the words “and one rescue van equipped with the equipment to perform normal extrication calls and First Aid equipment to perform normal first aid in emergencies” in items 2.1 and 2.2 of the Agreement; c) To delete “County Road 28 interchange, exit 464” and replace it with “Wesleyville Road, exit 456” in item 2.1 of the Agreement; d) To strike the word “interchange” from item 2.2 of the Agreement; e) To delete “a minimum of five firefighters” and replace it with “the minimum manpower required for these services” in item 3 of the Agreement; and f) To delete “10th day of April” and replace it with “1st day of May” in item 6 of the Agreement. Carried Item 13.1 is further discussed later in the meeting. Council Minutes May 1 , 2017 - 8 - 14 By-laws Resolution #C-123-17 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-laws 2017-033, 2017-037, 2017-041, and 2017-042 14.1 2017-033 Being a By-law Governing the Emergency and Fire Services, and the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2010-077 (Item 13.1 of Unfinished Business) 14.2 2017-037 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Valiant Property Management) (Item 3 of the Planning & Development Committee Report) 14.3 2017-041 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) 14.4 2017-042 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Averton Homes (Bowmanville) Limited] (Item 2 of the Planning & Development Committee Report); 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 Resolution #C-124-17 Moved by Councillor Partner, seconded by Councillor Woo Whereas Diane Hamre, in her public service as a former Member of Council and a former Mayor, has made a significant contribution to the Municipality of Clarington; and Whereas it would be a fitting tribute to her contributions to rename a municipal facility after her; Council Minutes May 1 , 2017 - 9 - Now therefore be it resolved: a) That the Naming of Municipal Buildings/Facilities Policy, as detailed in Report CSD-03-04, approved by Council Resolution #C-151-04, be waived; b) That the Newcastle & District Recreation Complex, located at 1780 Rudell Road in Newcastle, be renamed to the “Diane Hamre Recreation Complex”; and That the family of the late Diane Hamre be advised of Council’s decision. Carried 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 √ The Other Business Section of the Agenda is continued later in the meeting. 13 Unfinished Business (Cont’d) 13.1 Report ESD-002-17 - Emergency and Fire Services – Governing By-law Update, Automatic Aid Agreement Update (Cont’d) The foregoing Resolution #C-087-17 was then put to a vote and carried as amended. 16 Other Business (Cont’d) Councillor Neal requested an explanation as to why the Interim CAO had provided direction to fill certain positions as outlined in his memorandum dated April 12, 2017, as he was of the opinion that any hiring would only occur subsequent to the Interim CAO reporting back to Council following a review of job designs, silos, service delivery process, Building and Planning process review, and the IT Strategic Plan. Resolution #C-125-17 Moved by Councillor Neal, seconded by Councillor Partner That Council recess for ten minutes. Carried The meeting reconvened at 8:15 PM. Clarbgton Council Minutes May 1, 2017 The Interim CAO referred to Resolution #C-031-17 from the February 6, 2017, minutes. He acknowledged that the reference was slightly different than what was referenced in his note but stated that the result is still the same and he believes he is following the intent of Council's direction. He confirmed that no positions are being filled where service area reviews are being undertaken. Councillor Neal requested clarification on the process of notifying Council of additional items Members of Council intend to introduce at a Council meeting. He expressed concern that he had previously been denied an opportunity to follow the same process as the notification provided to Council on Councillor Partner's intention to introduce the motion regarding the re -naming of the Newcastle & District Recreation Complex at tonight's meeting. The Municipal Clerk clarified that the Council Agenda does not have a "New Business" Section, and as such the Rules of Procedure are required to be suspended in order to add any items of new business. She stated Councillor Partner's motion was included in the same e-mail as the Final Agenda, but was not added to the agenda. An explanation was provided that it was intended to be introduced at the meeting. The Municipal Clerk confirmed this is the same practice as has been followed in the past. 17 Confirming By-law Resolution #C-126-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-043, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 15t day of May, 2017; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-127-17 Moved by Councillor Partner, seconded by Councillor Cooke That th g adjourn at 8:25 PM. Mayor Carried Municipal Clerk -10-