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HomeMy WebLinkAbout12-11-2017Council Minutes December 11, 2017 - 1 - 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 Council Minutes December 11, 2017 - 2 - 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 Council Minutes December 11, 2017 - 3 - 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 Council Minutes December 11, 2017 - 4 - 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 Council Minutes December 11, 2017 - 5 - 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 Council Minutes December 11, 2017 - 6 - 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 Council Minutes December 11, 2017 - 7 - 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; Council Minutes December 11, 2017 - 8 - 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 Council Minutes December 11, 2017 - 9 - 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. Council Minutes December 11, 2017 - 10 - 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. Council Minutes December 11, 2017 - 11 - 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: Council Minutes December 11, 2017 - 12 - 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) Council Minutes December 11, 2017 - 13 - 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.