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HomeMy WebLinkAbout06-12-2017Council Minutes June 12, 2017 - 1 - Minutes of a regular meeting of Council held on June 12, 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, A. Allison, T. Cannella, J. Caruana, L. Gordon, F. Horvath, F. Langmaid, M. Marano, 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 Hooper led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Hooper indicated that he would be declaring an interest with respect to Item 27 of the General Government Committee Report. Later in the meeting Councillor Traill declared an interest with respect to Item 12 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Members of Council congratulated Cindy Fleming on her retirement from the Municipality of Clarington. 5 Adoption of Minutes of Previous Meeting Resolution #C-153-17 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of May 23, 2017, be approved. Carried Council Minutes June 12, 2017 - 2 - 6 Presentations Mayor Foster welcomed students, parents and the public to the presentation of the Sixteenth Annual “Awards for Academic Excellence”. He advised the program was developed in 2001 to recognize students from Clarington’s local elementary and secondary schools. Mayor Foster indicated that local elementary and secondary schools were asked to submit the name of a graduating student who, in their opinion, has demonstrated academic excellence combined with a commitment to leadership and community service. Each student was presented with a personal framed certificate and as a further commitment to Council’s recognition of local students, secondary students who were being recognized received a cheque for $100.00 as a bursary to further their educational pursuits. Mayor Foster recognized Nelisha Sunderji, from Bowmanville High School, who could not be present due to conflicting schedules and who will receive her award during her graduation ceremony. Mayor Foster recognized the following elementary students and presented them with a personal framed certificate: Owen Mottershead, Courtice Intermediate School Ethan Barr, Courtice North Public School Kayla Carmichael, Dr. Emily Stowe Public School Anjali Rampersad, Dr. G.J. MacGillivray Public School Ben Keene, Dr. Ross Tilley Public School Catharine Whitman, Duke of Cambridge Public School Emily Shmyr, Good Shepherd Elementary School Emily Rae, Harold Longworth Public School Joshua Libunao, Holy Family Elementary School Natalie Verwoert, John M. James Public School Janae Broersma, Knox Christian School Sean Hambly, M.J. Hobbs Senior Public School Bella Synard, Monsignor Leo Cleary Elementary School Olivia Aitchison, Mother Teresa Elementary School Brittany Lansang, St. Elizabeth Elementary School David Suthers, St. Francis of Assisi Elementary School Grace Csizmadia, St. Joseph’s Elementary School Glara Hussein, S.T. Worden Public School Delaney Piney-Titshall, The Pines Senior Public School Olivia McClelland, Vincent Massey School Kaleigh Duff, Waverley Public School Mayor Foster also recognized Arigsa Manoharan from Charles Bowman Public School, who was not in attendance this evening. Council Minutes June 12, 2017 - 3 - Mayor Foster recognized the following secondary students and presented them with a personal framed certificate and bursary: Teagan Biersteker, Clarington Central Secondary School Emily James, Clarke High School Emily Jones, Courtice Secondary School John Loudfoot, Durham Christian High School Stefani Aleksanderek, Holy Trinity Secondary School Victoria Arbour, St. Stephens Secondary School Mayor Foster presented the 2017 Senior of the Year Award to Jeany Barrett. Mayor Foster recognized the accomplishments of Ms. Barrett and thanked her for her service to the Community. Resolution #C-154-17 Moved by Councillor Traill, seconded by Councillor Woo That Council recess for five minutes. Carried The meeting reconvened at 7:44 PM. Resolution #C-155-17 Moved by Councillor Cooke, seconded by Councillor Neal That the Rules of Procedure be suspended to allow for the addition of a delegation. Carried Resolution #C-156-17 Moved by Councillor Neal, seconded by Councillor Cooke That Peter Zakarow be added to the list of delegations to address Council regarding Unfinished Business Item 13.1. – Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register. Carried David Veenstra, Co-Chair, St. Marys Cement Community Relations Committee (CRC) addressed Council to provide the Community Relations Committee’s Annual Report 2016. Mr. Veenstra noted that Tanya Pardy, Human Resources Manager, was unable to attend tonight’s meeting and that Chris Richards, Environmental Manager for the Bowmanville Plant would be speaking on her behalf. Mr. Veenstra recognized the efforts and years of service of Glenda Gies to the St. Marys Cement Community Relations Committee. Council Minutes June 12, 2017 - 4 - Mr. Veenstra stated the CRC meets on a quarterly basis to identify and give a voice to community concerns, to provide advice to operations staff, and to review and provide feedback and insight as to how the plant affects and impacts the community. Through use of a PowerPoint presentation, Chris Richards compared SO2 and NOX emissions from 2015 to 2016, noting St. Marys will transfer allowances from the plant in St Marys to cover the SO2 exceedances for 2016 and will transfer the remaining allowance of NOX emissions to the allowance balance for future use. Mr. Richards indicated that there were four exceedances of PM 10 BAM over the 50mg/m3 limit, which in three cases were caused by agricultural activities, and in the fourth instance caused by elevated particulate values occurring outside St. Marys property. Mr. Richards reviewed the 2016 air and ground vibration readings advising there were no exceedances to the Provincial guidelines in 2016. He advised of 26 complaints received from the community, noting that in all cases, all complainants were contacted personally by staff. Mr. Richards provided a snapshot St. Marys Cement initiatives and of the Community organizations St. Marys supports. Chris Richards responded to questions from Members of Council. Resolution #C-157-17 Moved by Councillor Neal, seconded by Councillor Woo That the Rules of Procedure be suspended to allow members of Council to pose questions to Chris Richards for a second time. Carried Chris Richards continued to respond to questions from Members of Council. Resolution #C-158-17 Moved by Councillor Woo, seconded by Councillor Hooper That the St. Marys Cement Community Relations Committee (CRC) Annual Report 2016 be received; That the delegation of St. Marys Cement Community Relations Committee and St. Marys Cement be received with thanks; and That staff, the St. Marys Cement Community Relations Committee and St. Marys be requested to review and modernize the Terms of Reference for the CRC. Carried Council Minutes June 12, 2017 - 5 - 7 Delegations Prior to the start of the meeting, Martin Field and Allison Hansen advised they would be unable to attend tonight’s meeting and would re-schedule their delegation regarding Unfinished Business Item 13.2 - Support for Ban on Sale of Animals in Pet Shops to a subsequent meeting. Howard Smith, 1st Vice-President, Wilmot Creek Homeowners Association (WCHA), addressed Council concerning Item 7 of the General Government Committee Report – Report EGD-014-17 Train Whistling at Bennet Road and Cobbledick Road. Mr. Smith advised that residents of Wilmot Creek are disappointed with the May 29, 2017, General Government Committee decision to not support conducting a safety study as there would be no financial impact to the Municipality in supporting the study. Mr. Smith provided the most recent data on fatalities after whistle bans noting the numbers continue to fall. He expressed concern that the staff report did not explore other options including an automated wayside horn which is installed at the crossing itself or banning whistling from 11:00 PM to 6:00 AM. Mr. Smith stated over 900 homeowners (of a total of approximately 1600 residents) who endure noise pollution on a daily basis have signed a petition requesting the Municipality to undertake a safety study on the implementation of train whistle cessation at Bennet Road and Cobbledick Road level crossings and noted many residents of Wilmot Creek have health issues which are aggravated by lack of sleep. He indicated that CN Rail will be increasing the number of trains per day next year. Mr. Smith stated 2/3 of Ontario’s residents live in areas where routine train whistles are banned and requested Council to take a responsible and objective look at how to find a solution. Howard Smith responded to questions from Members of Council. Georges Bouchard, Treasurer, Wilmot Creek Homeowners Association (WCHA), addressed Council concerning Item 7 of the General Government Committee Report - Report EGD-014-17 Train Whistling at Bennet Road and Cobbledick Road. Mr. Bouchard stated train whistling fits within the definition of “noise pollution” which is the disturbing or excessive noise that may harm the activity or balance of human or animal life. Mr. Bouchard stated blaring train horns interrupt sleep which can lead to serious health and mental issues. He noted the effects of sleep deprivation are recognized world-wide, and provided real-life examples of the effect of sleep deprivation on individual residents of Wilmot Creek. Mr. Bouchard expressed disappointment that Council made no effort to work with the Wilmot Creek community to find a solution or to acknowledge the impact of noise pollution as a problem to residents. He stated that only a safety expert can determine what’s safe, and challenged Members of Council to seek the appropriate balance between safety and noise pollution. Council Minutes June 12, 2017 - 6 - Georges Bouchard responded to questions from Members of Council. Jim Gibner, Member, Orono Fish and Hunt Club Communications Committee, addressed Council concerning Item 6 of the General Government Committee Report – Report CLD-014-17 - Noise By-law Limits Pertaining to Gun Clubs. Through use of a PowerPoint presentation, Mr. Gibner provided an update on communication efforts with all stakeholders and actions taken since May 29, 2017, including the establishment of a Communications Committee and a Noise Committee. Mr. Gibner summarized his delegation by stating the Orono Fish and Hunt Club is taking the issue very seriously, they have commitment from the OFHC Board and membership to work with all stakeholders, action plans and budgets have been established for reductions in sound for 2017, and communications plans have commenced and will continue to advance. Jim Gibner responded to questions from Members of Council. Peter Zakarow addressed Council concerning Unfinished Business 13.1 - Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register. Mr. Zakarow advised that he purchased his home 52 years ago and was just recently advised that his home was going to be added to the heritage register. Mr. Zakarow stated he was willing to work with the Heritage Committee at a future date but at the present time was requesting a deferral of adding his property to the heritage register at this time. Peter Zakarow responded to questions from Members of Council. 13 Unfinished Business 13.1 Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register Resolution #C-159-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-034-17 be lifted from the table. Carried Resolution #C-160-17 Moved by Councillor Cooke, seconded by Councillor Neal That the recommendation to add three properties to the Municipal Register be divided to vote on the addition of each property to the Municipal Register separately. Carried Council Minutes June 12, 2017 - 7 - Resolution #C-161-17 Moved by Councillor Neal, seconded by Councillor Hooper That the addition of 282 Liberty Street North to the Municipal Register be referred back to the Heritage Committee. Carried Resolution #C-162-17 Moved by Councillor Cooke, seconded by Councillor Neal That Report PSD-034-17 and Addendum to Report PSD-034-17 be received; That 1738 Bloor Street be added to the Municipal Register; and That all interested parties listed in Report PSD-034-17 and any delegations be advised of Council’s decision. Carried Resolution #C-163-17 Moved by Councillor Cooke, seconded by Councillor Neal That 1598 Baseline Road be added to the Municipal Register. Carried Resolution #C-164-17 Moved by Councillor Traill, seconded by Councillor Partner That Council recess for ten minutes. Carried The meeting reconvened at 9:51 PM. Resolution #C-165-17 Moved by Councillor Traill, seconded by Councillor Woo That the Order of the Agenda be altered to consider Item 7 of the General Government Committee Report at this time. Carried Council Minutes June 12, 2017 - 8 - 10. Committee Reports 10.2 General Government Committee Report of May 29, 2017 Item 7 - Train Whistling at Bennett Road and Cobbledick Road Resolution #C-166-17 Moved by Councillor Traill, seconded by Councillor Woo That a consultant, acceptable to the Municipality, be retained to work along with the railway company, in this case CN Rail, to jointly conduct a detailed safety assessment of the grade crossing at the Bennet Road and Cobbledick Road level crossings and to confirm the necessary safety measure requirements for possible implementation of partial or full sound mitigation strategies at the Bennet Road and Cobbledick Road public level crossings; That costs of the detailed safety assessment are to be apportioned equally amongst WCHA, CAPREIT, Rice Development and the Kaitlin Group, with no cost to the Municipality of Clarington; That the results of the detailed safety assessment of the grade crossings shall be presented to Committee on or before January, 2018. The responsible authority, being the consultant acceptable to the Municipality, and the railway company, shall request Transport Canada to confirm the assessment that the crossings, Bennett Road and Cobbledick Road, meet the applicable guidelines and/or requirements; and That results found in Grade Crossing Regulations and Standards and any other applicable guidelines or requirements are to be presented to Committee for deliberation of implementation of possible sound mitigation strategies at the Bennett Road and Cobbledick Road public level crossings. Withdrawn later in the meeting Resolution #C-167-17 Moved by Councillor Cooke, seconded by Councillor Partner That Council recess for five minutes. Carried The meeting reconvened at 10:17 PM. The foregoing Resolution #C-166-17 was subsequently withdrawn. Council Minutes June 12, 2017 - 9 - Resolution #C-168-17 Moved by Councillor Traill, seconded by Councillor Woo That a consultant, acceptable to the Municipality, be retained to work along with the railway company, in this case CN Rail, to jointly conduct two detailed safety assessments of the grade crossing at the Bennet Road and Cobbledick Road level crossings and to confirm the necessary safety measure requirements for: a) possible implementation of partial or full whistle cessation b) sound mitigation strategies at the Bennett Road and Cobbledick Road public level crossings; That costs of the two detailed safety assessments are to be apportioned equally amongst WCHA, CAPREIT, Rice Development and the Kaitlin Group, with no cost to the Municipality of Clarington; That the results of the detailed safety assessments of the grade crossings shall be presented to Committee on or before January, 2018. The responsible authority, being the consultant acceptable to the Municipality, and the railway company, shall request Transport Canada to confirm the assessment that the crossings, Bennett Road and Cobbledick Road, meet the applicable guidelines and/or requirements; and That results found in Grade Crossing Regulations and Standards and any other applicable guidelines or requirements are to be presented to Committee for deliberation of implementation of possible sound mitigation strategies at the Bennett Road and Cobbledick Road public level crossings. Carried as amended later in the meeting (See following motions) Resolution #C-169-17 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-168-17 be amended to add the following: That should the second study, being the sound mitigation strategy study, cause the overall costs to increase beyond $15,000, that the whistle cessation study would proceed, and the sound mitigation strategy study would not proceed. 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 √ Council Minutes June 12, 2017 - 10 - Resolution #C-170-17 Moved by Councillor Traill, seconded by Councillor Woo That the foregoing Resolution #C-168-17 be amended to add “that prior to proceeding, staff report back on the cost.” Carried The foregoing Resolution #C-168-17 was then put to a vote and carried as amended on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Mayor Foster √ 8 Communications – Receive for information St. Marys Cement Community Relations Committee – Annual Report – 2016 This matter was considered earlier in the meeting under the Presentations Section of the Agenda. 9 Communications – Direction Dale Gibbons, Chair, Courtice Family Concerts in the Park – Request for Exemption to Sign By-law Resolution #C-171-17 Moved by Councillor Neal, seconded by Councillor Cooke That subject to Courtice Family Concerts in the Park obtaining the owner’s consent, staff be directed to issue a sign permit to Courtice Family Concerts in the Park for a two month period commencing June 13, 2017 for the property at 1463 Regional Highway No. 2. Carried Council Minutes June 12, 2017 - 11 - 10 Committee Reports (cont’d) Advisory Committee Reports 10.1.1 Minutes of the Clarington Heritage Committee dated May 16, 2017 10.1.2 Minutes of the Orono Arena Community Centre Board dated May 30, 2017 Resolution #C-172-17 Moved by Councillor Partner, seconded by Councillor Traill That Advisory Committee Report Items 10.1.1 and 10.1.2, be received for information. Carried General Government Committee Report of May 29, 2017 (Cont’d) Resolution #C-173-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of May 29, 2017, be approved, on consent, with the exception of items #6, #7 (which was considered earlier in the meeting) #12, #16 and #27. Carried Item 16 – Tyrone Community Centre Resolution #C-174-17 Moved by Councillor Cooke, seconded by Councillor Traill That Sponsorship Application #17-S12 from the Tyrone Community Centre, be approved in the amount of $450. Carried Councillor Hooper 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 Board, and he left the Council Chambers during discussion and voting on this matter. Council Minutes June 12, 2017 - 12 - Item 27 – Concerts in the Park Bowmanville Resolution #C-175-17 Moved by Councillor Cooke, seconded by Councillor Neal That Sponsorship Application #17-S23 from the Concerts in the Park Bowmanville, be approved in the amount of $2000.00. Carried Councillor Hooper returned to the meeting. Councillor Traill declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 12 of the General Government Committee Report, as it affects her law practice, and she left the Council Chambers during discussion and voting on this matter. Item 12 – Grandview Children’s Foundation Resolution #C-176-17 Moved by Councillor Woo, seconded by Councillor Cooke That Sponsorship Application #17-S8 from the Grandview Children’s Foundation, be approved in the amount of $2000.00. Carried Councillor Traill returned to the meeting. Item 6 – Noise By-law Limits Pertaining to Gun Clubs Resolution #C-177-17 Moved by Councillor Partner, seconded by Councillor Woo That Report CLD-014-17 be received for information; That the noise issue be reviewed quarterly by the Committee to monitor whether or not all maintenance is working to reduce the noise levels; and That all interested parties listed in Report CLD-014-17 and any delegations be advised of Council's decision. Withdrawn Council Minutes June 12, 2017 - 13 - Resolution #C-178-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report CLD-014-17 be received for information; and That all interested parties listed in Report CLD-014-17 and any delegations be advised of Council's decision. Carried Resolution #C-179-17 Moved by Councillor Hooper, seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting beyond 11:00 PM. Carried Resolution #C-180-17 Moved by Councillor Neal, seconded by Councillor Hooper That the meeting be extended for 15 minutes. Carried Planning & Development Committee Report of June 5, 2017 Resolution #C-181-17 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of June 5, 2017 be approved, on consent, with the exception of items #1 and #4. Carried Item 4 – Applications by 1816451 Ontario Limited to Permit an Auto Mall with a Minimum of the Three Motor Vehicle Dealerships Including Recreational Vehicles/Trailer Sales Establishments, Rundle Road, Courtice Resolution #C-182-17 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD-038-17 be received; That the proposed application for Clarington Official Plan Amendment COPA 2017-0006 and Rezoning ZBA 2017-0011 submitted by 1816451 Ontario Limited continue to be processed including the preparation of a subsequent report; and Council Minutes June 12, 2017 - 14 - That all interested parties listed in Report PSD-038-17 and any delegations be advised of Council’s decision. Carried Item 1 – Applications by Tornat Newcastle Limited for a Mixed-Use Development at King Avenue West and Rudell Road, Newcastle Resolution #C-183-17 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD-039-17 be received; That the applications submitted by Tornat Newcastle Limited for a Clarington Official Plan Amendment (COPA 2017-0007), a Draft Plan of Subdivision (S-C-2017-0006), Rezoning (ZBA 2017-0009) and an amendment to the Foster Northeast Neighbourhood Design Plan (PLN 31.5.7) continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-039-17 and any delegations be advised of Council’s decision. Carried 11 Staff Reports Report COD-004-17 – Depot 42 New Storage Buildings Earlier in the meeting, Mayor Foster advised that Report COD-004-17 had been withdrawn by staff. 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 (Cont’d) Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register (Tabled at the Council meeting of May 23, 2017) This matter was considered earlier in the meeting. Council Minutes June 12, 2017 - 15 - Support for Ban on Sale of Animals in Pet Shops (Referred to Council by the General Government Committee on May 29, 2017) Resolution #C-184-17 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence dated May 2, 2017, from Karen L. Ormerod, Executive Director, Humane Society of Durham Region, requesting support for a ban on sale of animals in pet shops be referred to the July 3, 2017, Council meeting. Carried 14 By-laws Resolution #C-185-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2017-051 and 2017-052 14.1 2017-051 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (H & H Properties Inc.) (Approved by Council on February 8, 2016) 14.2 2017-052 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Bowmanville Apartments Inc.) (Item 3 of the Planning and Development Committee Report); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion considered under this Section of the Agenda. 1 I I Resolution #C-186-17 Moved by Councillor Neal, seconded by Councillor Cooke That the Rules of Procedure be suspended to further extend the meeting. Carried Resolution #C-187-17 Moved by Councillor Neal, seconded by Councillor Cooke That the meeting be extended for five minutes. Carried 16 Other Business Council Minutes June 12, 2017 Councillor Neal questioned what the next steps are concerning Mitchell's Corners shoulder widening. The Director of Engineering responded that staff are investigating the development of a case for the Mitchell's Corners improvement. 17 Confirming By-law Resolution #C-188-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-053, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 12th day of June, 2017; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-189-17 Moved by Councillor Partner, seconded by Councillor Neal That the e ting adjourn at 11:16 PM. Mayor Carried a Municipal Clerk -16-