HomeMy WebLinkAbout12-11-2017Council
Minutes
December 11, 2017
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Minutes of a regular meeting of Council held on December 11, 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: A. Allison, R. Albright, J. Caruana, D. Crome, D. Ferguson,
F. Horvath, R. Maciver, N. Taylor, G. Weir, A. Greentree,
M. Chambers
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 declared an interest with respect to Item 15 of the General
Government Committee Report.
Councillor Neal declared an interest with respect to Item 2 of the Planning and
Development Committee.
4 Announcements
Members of Council announced upcoming community events and matters of community
interest.
Suspend the Rules
Resolution #C-318-17
Moved by Councillor Neal, seconded by Councillor Partner
That the Rules of Procedure be suspended.
Carried
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Resolution #C-319-17
Moved by Councillor Neal, seconded by Councillor Partner
That Doug Miller and John Fogolin be permitted to address Council regarding
applications by Tornat Newcastle Limited for a mixed-use development at King Avenue
West and Rudell Road, Newcastle (Item 6 of the Planning and Development Committee
Report).
Carried
Resolution #C-320-17
Moved by Councillor Partner, seconded by Councillor Neal
That the Rules of Procedure be suspended.
Carried
Resolution #C-321-17
Moved by Councillor Neal, seconded by Councillor Partner
That Gregory Smith, Rodger Nicholson and Sue Wingate be permitted to address
Council regarding applications by Tornat Newcastle Limited for a mixed-use
development at King Avenue West and Rudell Road, Newcastle (Item 6 of the Planning
and Development Committee Report).
Carried
5 Adoption of Minutes of Previous Meeting
Resolution #C-322-17
Moved by Councillor Woo seconded by Councillor Partner
That the minutes of the regular meeting of the Council held on November 20, 2017, be
approved.
Carried
6 Presentations
6.1 George Rocoski, Chair, and Paul Ankrett, Vice Chair, Energy From Waste-
Waste Management Advisory Committee, Regarding the Energy From
Waste – Waste Management Advisory Committee Annual Report
George Rocoski, Chair, and Paul Ankrett, Vice Chair, Energy From Waste-Waste
Management Advisory Committee were present regarding the Energy From Waste –
Waste Management Advisory Committee (EFW -WMAC) Annual Report. They made a
verbal presentation to accompany an electronic presentation. Mr. Rocoski reviewed the
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EFW -WMAC Committee make up for 2016/2017. Mr. Rocoski and Mr. Ankrett provided
an overview of the 2017 Committee meetings and briefly summarized the agendas for
each meeting. Mr. Rocoski noted that at the November meeting the Committee
discussed the extension of the term of the Committee. He added that the current term
is ending and they were exploring the option of extending the term to the end of 2018
coincide with the 2018 Municipal Elections. Mr. Rocoski noted that another option was
for the Committee to disband and for Council to reappointment a new Committee. He
advised Council that they requesting the current term to be extend to the end of 2018.
Mr. Rocoski highlighted the events which the Committee attended in 2017. Mr. Ankrett
concluded by reviewing the key issues and the anticipated areas of interest for 2018.
Mr. Rocoski and Mr. Ankrett answered questions from members of Council.
Alter the Agenda
Resolution #C-323-17
Moved by Councillor Cooke, seconded by Councillor Neal
That the Agenda be altered to consider Communication Item 9.1 from the Region of
Durham at this time.
Carried
Resolution #C-324-17
Moved by Councillor Cooke, seconded by Councillor Neal
That the presentation of George Rocoski, Chair, and Paul Ankrett, Vice Chair, Energy
From Waste-Waste Management Advisory Committee, regarding the Energy From
Waste – Waste Management Advisory Committee Annual Report, be received with
thanks;
That Correspondence Item 9.1 from the Region of Durham be endorsed by the
Municipality of Clarington; and
That notwithstanding the Terms of Reference, that the current Clarington members term
of the Energy from Waste – Waste Management Advisory Committee, be extended by
one year to the end of 2018.
Carried
6.2 Christopher Baker, Vice President & General Manager – West Region,
Jennifer Turner, Business Manager and Matt Neild, Facility Manager
Covanta, Regarding the Durham York Energy Centre Update
Christopher Baker, Vice President & General Manager – West Region, Jennifer Turner,
Business Manager and Matt Neild, Facility Manager Covanta, were present regarding
the Durham York Energy Centre (DYEC) update. They made a verbal presentation to
accompany an electronic presentation. Mr. Baker showed a video to provide a process
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overview of the DYEC. He highlighted the overall operational performance of the
DYEC. Mr. Baker reviewed the operation performance results for 2017 and noted that
in 2018 there is a planned facility enhancement for thermal imaging system for fire
suppression. He added that they have 41 full-time positions at the DYEC. Mr. Baker
provided an overview of the stack test results and noted that all results meet the
environmental compliance approval requirements. He noted their long-term
partnerships and success which includes local outreach, cap and trade, and the recently
released corporate sustainability report. Mr. Baker concluded by noting they are
focusing on long-term partnerships and their commitment to these partnerships and the
local community. Mr. Baker, Ms. Turner and Mr. Neild answered questions from the
members of Council.
Resolution #C-325-17
Moved by Councillor Hooper, seconded by Councillor Woo
That the presentation of Christopher Baker, Vice President & General Manager – West
Region, Jennifer Turner, Business Manager and Matt Neild, Facility Manager Covanta,
regarding the Durham York Energy Centre Update, be received with thanks; and
That Covanta be requested to forward the hard copies of the Covanta Annual
Sustainability Report.
Carried
Recess
Resolution #C-326-17
Moved by Councillor Partner, seconded by Councillor Woo
That Council recess for 10 minutes.
Carried
The meeting reconvened at 8:23 PM.
Councillor Woo returned to the meeting at 8:24 PM.
7 Delegations
Doug Miller was present regarding the Applications by Tornat Newcastle Limited for a
mixed-use development at King Avenue West and Rudell Road, Newcastle (Item 6 of
the Planning and Development Committee Report). Mr. Miller explained to the
members of Council that when he purchased his home in Newcastle three years ago
that the developer advised that the subject property would be developed as
townhouses. He noted that he is concerned with the increased traffic and the safety of
the residents in the area. Mr. Miller believes the extension of Grady Drive would assist
with the traffic issues but the proposal to have an entrance off McDonald Crescent is not
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an adequate solution. He noted that there are many unoccupied commercial properties
and condo units available in Newcastle and this development will just add to this
number. Mr. Miller believes that townhouses are more appropriate for this area. He
stated that the current proposal is not in keeping with the existing design of Newcastle.
Mr. Miller concluded by asking Council to deny the existing proposal and to proceed
with townhouses. He added that a petition of 350 signatures was submitted to the
Municipality and asked for members of Council to listen to the concerns of the residents.
Mr. Miller answered questions from the members of Council.
Gregory Smith was present regarding the Applications by Tornat Newcastle Limited for
a mixed-use development at King Avenue West and Rudell Road, Newcastle (Item 6 of
the Planning and Development Committee Report). Mr. Smith advised Council that the
developer is unwilling to listen to the residents or make any changes. He stated that
developer had five months to make changes believes the removal eight units and
addition of a roof top terrace were not enough to satisfy the residents. Mr. Smith added
that John Romanov requested that this area be a local corridor and Council approved it
during the Official Plan review process. He concluded by stating that these developers
are not residents of Newcastle and he believes they do not have the best interest of the
community in mind.
John Fogolin, Tornat Newcastle Limited, was present regarding the Applications by
Tornat Newcastle Limited for a mixed-use development at King Avenue West and
Rudell Road, Newcastle (Item 6 of the Planning and Development Committee Report).
Mr. Fogolin explained that this development aligns with Provincial Policy as per Section
3 of the Planning Act. He added that it conforms with both the Durham Region and
Clarington Official Plans. Mr. Fogolin feels that they have been transparent with Council
and Staff. He thanked the members of Council and Staff that support this development
and he hopes this will be a successful development in this area. Mr. Fogolin answered
questions from the members of Council.
Rodger Nicholson was present regarding the Applications by Tornat Newcastle Limited
for a mixed-use development at King Avenue West and Rudell Road, Newcastle (Item 6
of the Planning and Development Committee Report). Mr. Nicholson advised Council
that this development does not fit in with the existing community. He added that they
were advised that this area would be developed as townhouses. Mr. Nicholson asked
for Council to uphold their decision to deny the application.
Sue Wingate was present regarding the Applications by Tornat Newcastle Limited for a
mixed-use development at King Avenue West and Rudell Road, Newcastle (Item 6 of
the Planning and Development Committee Report). Mr. Wingate advised Council that
they did not have a meeting with the developer but they attended a Public Information
Centre (PIC). She explained that at the PIC residents were advised there would be no
presentation and they would be able to ask limited questions. Ms. Wingate noted that in
June the developer was willing to lower the development to four storeys and at the
December 4, 2017 Planning meeting they stated they did not agree to four storeys. She
advised Council that there are many vacant commercial buildings for rent and these
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should be occupied before building more. Ms. Wingate concluded by stating that this
development does not fit in with the existing design of Newcastle and will not benefit the
residents. She added that there are other high density developments in Newcastle. Ms.
Wingate asked the members of Council to approve the decision to deny the application.
Recess
Resolution #C-327-17
Moved by Councillor Partner, seconded by Councillor Cooke
That Council recess for 10 minutes.
Carried
The meeting reconvened at 9:40 PM.
Alter the Agenda
Resolution #C-32817
Moved by Councillor Partner seconded by Councillor Woo
That the Agenda be altered to consider Communication Item 9.6 from Doug Miller
regarding Report PSD-090-17, Applications by Tornat Newcastle Limited for a
mixed-use development at King Avenue West and Rudell Road, Newcastle, at this time.
Carried
Resolution #C-329-17
Moved by Councillor Partner seconded by Councillor Woo
That Communication Item 9.6 from Doug Miller be referred to the consideration of
Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use
development at King Avenue West and Rudell Road, Newcastle (Item 6 of the
December 4, 2017 Planning and Development Committee Report).
Carried
Alter the Agenda
Resolution #C-330-17
Moved by Councillor Partner seconded by Councillor Woo
That the Agenda be altered to consider Item 6 of the December 4, 2017 Planning and
Development Committee Report (Report PSD -090-17, Applications by Tornat
Newcastle Limited for a mixed-use development at King Avenue West and Rudell Road,
Newcastle), at this time.
Carried
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Resolution #C-331-17
Moved by Councillor Partner seconded by Councillor Woo
That Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed-use
development at King Avenue West and Rudell Road, Newcastle (Item 6 of the Planning
and Development Committee Report), be referred to the February 5, 2018 Council
meeting.
Carried
8 Communications – Receive for Information
There are no Communications to be received for information as of the time of
publication.
9 Communications – Direction
9.1 Region Municipality of Durham - Request to extend the current Energy From
Waste-Waste Management Advisory Committee Term to the end of 2018
Communication Item 9.1 from Region Municipality of Durham regarding a request to
extend the current Energy From Waste-Waste Management Advisory Committee Term
to the end of 2018 was considered earlier in the meeting during Presentation section of
the meeting.
9.2 Councillor Steven Cooke - Request to Move PA Day to Coincide with the
October 22, 2018 Municipal Elections
Suspend the Rules
Resolution #C-332-17
Moved by Councillor Cooke, seconded by Councillor Partner
That the Rules of Procedure be suspended to allow for the introduction of Resolution
regarding a request to move PA Day to coincide with the October 22, 2018 Municipal
Elections.
Carried
Resolution #C-333-17
Moved by Councillor Cooke, seconded by Councillor Partner
Whereas both the Kawartha Pine Ridge District School Board and the Peterborough
Victoria Northumberland Clarington Catholic School Board are seeking public input to
the 2018-19 school calendar;
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And whereas elections that are held by the Municipality of Clarington on Monday
October 22, 2018 are to the benefit of the Kawartha Pine Ridge District School Board
and the Peterborough Victoria Northumberland Clarington Catholic School Board;
And whereas the proposed 2018-19 school calendars have a Professional Activity (PA)
day scheduled for the Friday October 26, 2018 for all Peterborough Victoria
Northumberland Clarington Catholic School Board students and Kawartha Pine Ridge
District School Board secondary students;
And whereas school facilities are required to provide accessible and conveniently
located voting locations for Clarington electors throughout our community;
And whereas the volume of electors attending designated school voting locations has
proven to significantly impact the daily routines, security protocols, vehicle traffic and
parking at the school voting locations;
Now Therefore Be it resolved that the Municipality of Clarington formally requests the
Kawartha Pine Ridge District School Board and the Peterborough Victoria
Northumberland Clarington Catholic School Board to hold their PA Day on Monday,
October 22, 2018 instead of the proposed Friday October 26, 2018 to coincide with the
province-wide municipal elections; and
That all Clerks in any municipality associated with either Board be forwarded a copy of
this resolution.
Carried
9.3 Enbridge Gas Distribution - Enbridge Gas Distribution Inc. / Union Gas
Limited - Application for Amalgamation - Notice of Application
9.4 Enbridge Gas Distribution Inc. / Union Gas Limited - Application for Rate
Setting Framework - Notice of Application
9.5 Enbridge Gas Distribution Inc. / Union Gas Limited - 2018 Cap and Trade
Compliance Plan - Notice of Application
Resolution #C-334-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That Communication Items 9.3, 9.4 and 9.5, from Enbridge Gas Distribution Inc./ Union
Gas Limited, be received for information.
Carried
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9.6 Doug Miller – Regarding Report PSD-090-17, Applications by Tornat
Newcastle Limited for a mixed-use development at King Avenue West and
Rudell Road, Newcastle (Item 6 of the December 4, 2017 Planning and
Development Committee Report)
Communication Item 9.6 from Doug Miller regarding Report PSD-090-17, Applications
by Tornat Newcastle Limited for a mixed-use development at King Avenue West and
Rudell Road, Newcastle, was considered earlier in the meeting during the discussion of
Item 6 of the Planning and Development Committee Report.
10 Committee Reports
10.1.1 Agricultural
Advisory
Minutes
Minutes of the Agricultural Advisory Committee dated November 2,
2017
10.1.2 Heritage
Committee
Minutes
Minutes of the Clarington Heritage Committee dated November 21,
2017
Resolution #C-335-17
Moved by Councillor Partner, seconded by Councillor Woo
That Advisory Committee Report Items 10.1.1 and 10.1.2, be received for information.
Carried
10.2 General Government Committee Report of November 27, 2017
Resolution #C-336-17
Moved by Councillor Woo, seconded by Councillor Partner
That the recommendations contained in the General Government Committee Report of
November 27, 2017, be approved, on consent, with the exception of items #15.
Carried
Councillor Hooper declared an interest with respect to Item 15 of the General
Government Committee Report, as he is a downtown business owner. Councillor
Hooper left the room and refrained from discussion and voting on this matter.
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Item 15 –Free Parking in Downtown Bowmanville
Resolution #C-337-17
Moved by Councillor Cooke, seconded by Councillor Partner
Whereas Section 34 (3) of Clarington’s Traffic By-law 2014-059 allows that Council
may, by resolution, designate an area or areas for a certain period to be exempt from
the payment of parking fees and any areas so designated shall be denoted by a parking
meter cover placed over the meter;
Now therefore be it resolved that the Municipality of Clarington designate the area in
downtown Bowmanville, regulated by parking meters, as a free parking area between
Saturday, December 16, 2017 and Tuesday, January 2, 2018; and
That Staff be directed to take the appropriate steps, including covering the meters with
bags and advising the public via social media and notices placed on Clarington’s
website.
Carried
Councillor Hooper returned to the meeting.
10.3 Closed Session Planning & Development Committee Report of November
13, 2017
Resolution #C-338-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the confidential recommendations contained in the Closed Session Planning &
Development Committee Report of November 13, 2017 be approved, on consent.
Carried
10.4 Planning & Development Committee Report of December 4, 2017
Resolution #C-339-17
Moved by Councillor Neal, seconded by Councillor Neal
That the recommendations contained in the Planning & Development Committee Report
of December 4, 2017 be approved, on consent, with the exception of items #2 and #6
(as it was considered earlier in the meeting).
Carried
Councillor Neal declared an interest with respect to Item 2 of the Planning and
Development Committee Report, as it relates to his law practice. Councillor Neal left
the room and refrained from discussion and voting on this matter.
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Item 2 –Request from CCT Auto Trans Inc. for an Exemption from the Two Year
Freeze on Making an Application to Amend the Clarington Official Plan
Resolution #C-340-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That Council hereby permits CCT Auto Trans Inc. to file an application requesting that
the Clarington Official Plan be amended to allow a Transportation and Cartage Depot
on 1972 Baseline Road; and
That by granting permission to CCT Auto Trans Inc. to make an Official Plan
Amendment Application, Council is in no way expressing any opinion regarding the
planning merits of the Application or any related application
Carried
Councillor Neal returned to the meeting.
10.5 Special Planning & Development Committee Report of December 4, 2017
Resolution #C-341-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the recommendations contained in the Special Planning & Development
Committee Report of December 4, 2017 be approved, on consent.
Carried
11 Staff Reports
11.1 Report COD-022-17 –Municipal Administrative Centre - 2nd Floor Alterations
Resolution #C-342-17
Moved by Councillor Woo, seconded by Councillor Partner
That Report COD-022-17 be received;
That Gallant Construction Ltd. with a revised total bid amount of $465,000.46 (Net HST
Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of Tender CL2017-43 be awarded the contract for the Municipal
Administrative Centre 2nd Floor Alterations as required by the Operations Department;
That the funds required for this project in the amount of $515,000.46 (Net HST Rebate)
which includes construction cost and contingencies be funded by the Municipality as
follows:
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MAC Renovations (2016) 110-36-370-83679-7401 $379,500.00
MAC Improvement (2017) 110-36-370-83601-7401 $61,997.28
That the shortfall be funded from General Capital Reserve in the amount of $73,503.18
(Net HST Rebate)
General Capital Reserve 100-00-000-00000-2917 $73,503.18
That all interested parties listed in Report COD-022-17 and any delegations be advised
of Council's decision regarding the award by the Corporate Services Department.
Carried
12 Business Arising from Procedural Notice of Motion
13 Unfinished Business
There are no Unfinished Business items scheduled for this meeting.
14 By-laws
Resolution #C-343-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That leave be granted to introduce By-laws 2017-094 to 2017-102
14.1 2017-094 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington (2084165 Ontario
Limited & Akero Development Inc.) (Approved by Council on May 13, 2014)
14.2 2017-095 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington (2084165 Ontario
Limited & Akero Development Inc.) (Approved by Council on March 13,
2017)
14.3 2017-096 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 9 of the General Government Committee Report)
14.4 2017-097 Being a By-Law to Authorize an Interim Tax Levy for 2018 (Item 13 of the
General Government Committee Report)
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14.5 2017-098 Being a by-law to amend By-law 96-32 as amended, to require the payment
of fees for information and services provided by the Municipality of
Clarington and for prescribing the amount of such fees (Item 14 of the
General Government Committee Report)
14.6 2017-099 Being a By-law to amend municipal street names in the Municipality of
Clarington (Item 9 of the Planning & Development Committee Report)
14.7 2017-100 Being a By-law to amend municipal street names in the Municipality of
Clarington (Item 8 of the Planning & Development Committee Report)
14.8 2017-101 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington (Item 11 of the Planning
& Development Committee Report)
14.9 2017-102 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington (Item 4 of the Planning
& Development Committee Report)
That the said by-laws be approved.
Carried
15 Procedural Notices of Motion
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
16 Other Business
16.1 Appointment of Deputy Mayor
Resolution #C-344-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That, in accordance with Section 226 of the Municipal Act, 2001, c.25, during the
four-year term of Council (2014 through to 2018), Councillor Joe Neal be appointed as
the Deputy Mayor for the Municipality of Clarington from January 1, 2018 until the new
Council is convened in December 2018.
Carried
Councillor Neal enquired about the Courtice High Street Ontario Municipal Board
Appeal and requested that Council will be notified of any updates or changes.