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HomeMy WebLinkAbout2018-02-26Clariiw-n Council Minutes February 26, 2018 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of a regular meeting of Council held on February 26 2018, 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: A. Allison, G. Acorn, T. Cannella, D. Crome, D. Ferguson, F. Horvath, R. Maciver, N. Taylor, G. Weir, J. Gallagher, M. Chambers 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 Partner declared an interest in Item 9 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-067-18 Moved by Councillor Traill seconded by Councillor Woo That the minutes of the regular meeting of the Council held on February 5, 2018, be approved. Carried 6 Presentations None - 1 - Clarington Council Minutes February 26, 2018 7 Delegations 7.1 Roland Roover, GHD, Regarding Report PSD -018-18, An Application by Bowmanville Lakebreeze East Village Ltd. to amend the R3-43 zone to permit a 341 unit townhouse development (Kaitlin) in Port Darlington Neighbourhood in Bowmanville (Unfinished Business Item 13.2) Roland Roover, GHD, was present regarding Report PSD -018-18, An Application by Bowmanville Lakebreeze East Village Ltd. to amend the R3-43 zone to permit a 341 unit townhouse development (Kaitlin) in Port Darlington Neighbourhood in Bowmanville (Unfinished Business Item 13.2). Mr. Roover advised the Members of Council that he was present to address the parking study conducted where the development is proposed. He noted that the applicants feel they are meeting the minimum parking requirements with the exception of the 38 one bedroom units. He explained that there are only 46 spaces allocated for the 38 one bedroom units and the requirement for the one bedroom units is two spaces per unit. Mr. Roover concluded by stating that they believe these units will be purchased by a single occupant. He answered questions from the Members of Council. Enzo Bertucci, Kaitlin Corporation, answered questions regarding on -street parking, visitor parking and setbacks. Mr. Bertucci explained that this application is still being processed and they understand adjustments may be made during the application process. 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 10.1.1 Agricultural Minutes of the Agricultural Advisory Committee dated February 8, Advisory 2018 Committee Minutes Resolution #C-068-18 Moved by Councillor Partner, seconded by Councillor Traill That Advisory Committee Report Item 10.1.1, be approved. Carried -2- Clarington Council Minutes February 26, 2018 10.2 General Government Committee Report of February 12, 2018 Resolution #C-069-18 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the General Government Committee Report of February 12, 2018, be approved, on consent, with the exception of item #9. Carried Item 9 - Community Event Sponsorship Program Councillor Partner declared a direct interest in the Item 9 of the General Government Committee Report, regarding the Community Event Sponsorship Program as the "In the Face of an Angel" Golf for Ovarian Cancer which is in memory of her mother and all proceeds are donated in her memory for outreach and research to Ovarian Cancer Canada. Councillor Partner left the room and refrained from discussion and voting on this matter. Resolution #C-070-18 Moved by Councillor Woo, seconded by Councillor Hooper Whereas the Municipality of Clarington's Community Event Sponsorship Program is in place to assist individuals and organization to provide opportunities for hosting special events that promote community engagement; And whereas the Community Event Sponsorship Program may provide funding for community special events to a maximum of $2,000 per successful application; And whereas the application period for events occurring January 1 to June 30, 2018 closed October 1, 2017; And whereas the submitted application were considered by Council on November 6, 2017; And whereas the Community Event Sponsorship Program has an annual budget of $35,000, of which the funds are divided between two application intake periods at $17,000 each; And whereas $11,820 was awarded to events through the first intake period, the remaining $5,680 would traditionally be made available to applications received through the second intake period, less the $2,000 set aside for Carleton and Sherri Plumber's Neighbourhood party at Pearce Park to be held June 23, 2018; leaving a balance of $3,680; -3- Clarington Council Minutes February 26, 2018 Now therefore be it resolved that $2,000 from the remaining the 2018 first intake funds be awarded to the event of being coordinated by Sandy Cochrane in aid of Ovarian Cancer Research and Outreach for a sponsorship of the fundraiser In the Face of Angel Golf for Ovarian Cancer on May 27, 2018 at Pebblestone Golf Course, Courtice. Carried Councillor Partner returned to the meeting. 10.3 Planning & Development Committee Report of February 20, 2018 Resolution #C-071-18 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the Special Planning & Development Committee Report of February 20, 2018 be approved, on consent. Carried 11 Staff Reports 11.1 Report EGD -008-18 —Ontario Municipal Commuter Cycling (OMCC) Enabling By -Law Resolution #C-072-18 Moved by Councillor Cooke, seconded by Councillor Neal That Report EGD -008-18 be received; That the By-law attached to Report EGD -008-18, as Attachment 1, be approved; That the Municipality's share of eligible costs, estimated to be $33,760 will be funded from the tax levy portion of the Pavement Rehabilitation Program, account number 110-32-330-83212-7401; That all interested parties listed in Report EGD -008-18 and any delegations be advised of Council's decision. Carried Clar-in o n Council Minutes February 26, 2018 11.2 PSD-021-18 - Participating in the Ontario Ministry of Housing's Development Charge Rebate Program Resolution #C-073-18 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD -021-18 be received; That Council authorize staff to submit an Expression of Interest and enter into a Transfer Payment Agreement with the Province to facilitate participation in the Ontario Ministry of Housing's Development Charge Rebate Program; That, subject to a partnership arrangement between the Municipality of Clarington and the Region of Durham, Council authorize the Regional Municipality of Durham to: Serve as the Municipality of Clarington's program administrator for the Ontario Ministry of Housing's Development Charge Rebate Program; and Enter into a Transfer Payment Agreement on behalf of the Municipality of Clarington with the Province to facilitate participation in the Ontario Ministry of Housing's Development Charge Rebate Program; and That all interested parties listed in Report PSD -021-18 and any delegations be advised of Council's decision. Carried 11.3 Confidential Report LGL -002-18 - Proposed Settlement of OMB Appeals - Courtice High Street Inc. Resolution #C-074-18 Moved by Councillor Neal, seconded by Councillor Traill That Confidential Report LGL -002-18, Proposed Settlement of OMB Appeals - Courtice High Street Inc., be tabled to the March 12, 2018, Planning and Development Committee meeting. Carried 12 Business Arising from Procedural Notice of Motion None -5- Clarington Council Minutes February 26, 2018 13 Unfinished Business 13.1 Report EGD -004-18 - Bennett Road & Cobbledick Road Grade Level Crossings Train Whistle Cessation Study Resolution #C-075-18 Moved by Councillor Cooke, seconded by Councillor Traill That Report EGD -004-18, Bennett Road & Cobbledick Road Grade Level Crossings Train Whistle Cessation Study, be lifted from the table. Carried Resolution #C-076-18 Moved by Councillor Traill, seconded by Councillor Woo That Report EGD -004-18 be received; That Council direct staff to review options for low cost highway -rail active warning systems with reference to recent reports on same; That Staff report back on the total cost of remediation pursuant to the WSP Canada Report, taking into consideration any findings made pursuant to paragraph 1 herein and without including the cost of the proposed non -required fencing; That Staff ask Kaitlin Development to enter into a cost-sharing agreement regarding the potential cost of remediation up to a $150,000 limit exclusive of the Bennett Road Subdivision related costs; and That all interested parties listed in Report EGD -004-18 and any delegations be advised of Council's decision. Motion Withdrawn Later in the meeting (See following motions) Recess Resolution #C-077-18 Moved by Councillor Traill, seconded by Councillor Woo That Council recess for 10 minutes. The meeting reconvened at 7:47 PM. Carried M Clarington Council Minutes February 26, 2018 Resolution #C-078-18 Moved by Councillor Traill, seconded by Councillor Woo That the foregoing Resolution #C-076-18 be amended by adding the following: "That Staff include any studies supporting their position." Carried Resolution #C-079-18 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-076-18 be amended by replacing paragraph two with the following: That Council direct staff to undertake Step 2 within the Transport Canada procedure for the elimination of train whistling at Bennett Road and Cobbledick Road grade crossings, and review the findings of the WSP Group Canada Limited (WSP) report with the rail authority, provided that there is a willingness to assume the total potential cost of remediation which may be approximately $430,000; That Council authorize staff to issue a $10,000 purchase order, funded from the Consulting/Professional Fees reserve account number 100-00-000-00000-2926, to Canadian National Railway for their review of the sites and the WSP Whistle Cessation Report; That Staff report back to Council on the results of the Step 2 discussions with the Rail Authority; and Motion Withdrawn The foregoing Resolution #C-076-18 was then withdrawn. Resolution #C-080-18 Moved by Councillor Neal, seconded by Councillor Traill That Report EGD -004-18 be received; That Council direct staff to undertake Step 2 within the Transport Canada procedure for the elimination of train whistling at Bennett Road and Cobbledick Road grade crossings, and review the findings of the WSP Group Canada Limited (WSP) report with the rail authority, provided that there is a willingness to assume the total potential cost of remediation which may be approximately $430,000; -7- Clarington Council Minutes February 26, 2018 That Council authorize staff to issue a $10,000 purchase order, funded from the Consulting/Professional Fees reserve account number 100-00-000-00000-2926, to Canadian National Railway for their review of the sites and the WSP Whistle Cessation Report; That Staff report back to Council on the results of the Step 2 discussions with the Rail Authority; That Staff ask Kaitlin Development to enter into a cost-sharing agreement regarding the potential cost of remediation up to a $150,000 limit exclusive of the Bennett Road Subdivision related costs; and That all interested parties listed in Report EGD -004-18 and any delegations be advised of Council's decision. Lost on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Recess Resolution #C-081-18 Moved by Councillor Partner, seconded by Councillor Woo That Council recess for 15 minutes. Carried The meeting reconvened at 9:22 PM. Clarington Resolution #C-082-18 Moved by Councillor Woo, seconded by Councillor Partner That Report EGD -004-18 be received; Council Minutes February 26, 2018 That Staff be requested to report back on the estimated costs associated with hiring a consultant to review municipal wide whistle cessation; and That all interested parties listed in Report EGD -004-18 and any delegations be advised of Council's decision. Carried as Amended (See following motions) Resolution #C-083-18 Moved by Councillor Traill, seconded by Councillor Partner That the foregoing Resolution #C-082-18 be amended by adding the following after the second paragraph: "That Staff be directed to report back on options for low cost highway rail active warning systems with reference to recent reports on same." Carried The foregoing Resolution #C-082-18 was then carried as amended on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Clarington- Council Minutes February 26, 2018 13.2 Report PSD -018-18 -An Application by Bowmanville Lakebreeze East Village Ltd. to amend the R3-43 zone to permit a 341 unit townhouse development (Kaitlin) in Port Darlington Neighbourhood in Bowmanville Resolution #C-084-18 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD -018-18, An Application by Bowmanville Lakebreeze East Village Ltd. to amend the R3-43 zone to permit a 341 unit townhouse development (Kaitlin) in Port Darlington Neighbourhood in Bowmanville, be lifted from the table. Carried Resolution #C-085-18 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD -018-18 be received; That the proposed application for Rezoning ZBA 2017-0019 continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD -018-18 and any delegations be advised of Council's decision. Carried 14 By-laws Resolution #C-086-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2018-016 to 2018-019 14.1 2018-016 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 2 of the General Government Committee Report) 14.2 2018-017 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 and Development Committee Report) 14.3 2018-018 Being a By-law to authorize the execution of an agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario — Ontario Municipal Commuter Cycling Program 2017/2018 (Item 11.1 Report EGD -008-18) -10- ClaFftWR Council Minutes February 26, 2018 14.4 2018-019 Being a By-law to authorize agreements between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of Ontario to prepare and implement an Orono Economic Development Strategy 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 Councillor Hooper enquired about an affordable housing task force arising from the Lieutenant Governor's visit. 17 Confirming By -Law Resolution #C-087-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2018-020, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 26th day of February, 2018; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-088-18 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 9:43PM. Carried Mayor NI V Municipal Clerk