HomeMy WebLinkAbout2019-03-18 MinutesClarington
Council
Minutes
March 18, 2019
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 March 18, 2019, at 7:00 PM, in the
Council Chambers.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, T. Cannella, J. Caruana, M. Marano, R. Maciver,
C. Peters, T. Pinn, M. Seaman, 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 Zwart led the meeting in a moment of reflection.
3 Declaration of Interest
Councillor Zwart declared an indirect interest in the request from Barry Bolahood for an
Amendment to the Interim Control By -Law 2018-083 (Item 3 of the Planning and
Development Committee Report).
Mayor Foster declared a direct interest in Report CLD -010-19 F Appointments to
Independent Directors to Elexicon Holdco Board (Agenda Item 11.2).
4 Announcements
Members of Council announced upcoming community events and matters of community
interest.
5 Adoption of Minutes of Previous Meeting
Resolution #C-093-19
Moved by Councillor Traill, seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on February 25, 2019, be
approved.
Carried
- 1 -
Clarington
6 Presentations
Council
Minutes
March 18, 2019
6.1 Recognition of Community Service Staff for their Outstanding Contribution
during the Courtice Complex Incident
Mayor Foster recognized the following Community Service Staff for their outstanding
contribution during the Courtice Complex incident:
Kaitlyn Bennett
Andrew Davey
Mason Hawrychuk
Sidney Judd
Sajida Kadri
Mayor Foster presented them with a certificate and a token of appreciation. He noted
that Andrew Davey was unable to attend this evening.
7 Delegations
Councillor Zwart declared an indirect interest the request from Barry Bolahood for an
Amendment to the Interim Control By -Law 2018-083 (Item 3 of the Planning and
Development Committee Report) as her family owns property within the Interim Control
By-law area. Councillor Zwart left the room and refrained from discussion and voting on
this matter.
7.1 Bradley Phillips, Strike & Phillips LLP, regarding Barry Bolahood-1 Request
an Amendment to the Interim Control By -Law 2018-083 (Item 3 of the
Planning and Development Committee Report)
Bradley Phillips, Strike & Phillips LLP, was present regarding Barry BolahoodF Request
an Amendment to the Interim Control By -Law 2018-083 (Item 3 of the Planning and
Development Committee Report). He noted that he was present on behalf of Jane
McCarthy who is legal counsel for Mr. Bolahood and his client who was the previous
owner of 10 Victoria Street. Mr. Phillips explained that he would like to provide some
FGULFCJfiZ❑ZL1KP6AR\/SFFV1U lL9/G�s request. He stated that the original closing
date for Mr. Bolahood to purchase 10 Victoria Street was in August 2018. Mr. Phillips
noted that the Interim Control By-law 2018-083 was passed in September 2018. He
explained that his client requested an extension on the closing date to avoid the
previous owner from being displaced due to unplanned delays with their new purchase.
7KUCFAGPI3-L-0 UFIYRCKRRGV�SXIFKDvhlll£HL-JRelayed until after By-law 2018-083 was
passed. Mr. Phillips explained that Mr. Bolahood intends to demolish the existing
building and build a new semi-detached home and with the Interim Control By-law in
effect he is unable to submit his application. He added that if sale has closed with the
original closing date Mr. Bolahood would have had time to submit his application prior to
By-law 2018-083 being passed. Mr. Phillips advised that Mr. Bolahood is asking for an
exemption under paragraph 2.e. of By-law 2018-083 and to be added as the fourth
property. He added that Mr. Bolahood plans to comply with everything in Section 2.f. of
-2-
Clare n Council
Minutes
March 18, 2019
By-law 2018-083 which includes having a lot coverage of 34.6%. Mr. Phillips answered
questions from the Members of Council.
7.2 Barry Bolahood, regarding Barry Bolahood I] Request an Amendment to the
Interim Control By -Law 2018-083 (Item 3 of the Planning and Development
Committee Report)
Barry Bolahood was present regarding his request an Amendment to the Interim Control
By -Law 2018-083 (Item 3 of the Planning and Development Committee Report). He
explained that he had been speaking to Staff prior to purchasing the property and they
indicated that he would be able to construct a semi-detached home. Mr. Bolahood
answered questions from Members of Council.
Alter the Agenda
Resolution #C-094-19
Moved by Councillor Hooper seconded by Councillor Anderson
That the Agenda be altered to consider Item 3 of the Planning and Development
Committee Report at this time.
Carried
Item 3 Barry Bolahood❑ Request an Amendment to the Interim Control By -Law
2018-083
Resolution #C-095-19
Moved by Councillor Hooper seconded by Councillor Anderson
That the request to amend Section 2.e. of Interim Control By-law 2018-03 to add 10
Victoria Street, submitted by Barry Bolahood, be approved; and
That the Interim Control amending By -Law, be adopted.
Motion Lost on a Recorded Vote
See following Motions
-3-
Clarington
Suspend the Rules
Resolution #C-096-19
Moved by Councillor Neal, seconded by Councillor Traill
Council
Minutes
March 18, 2019
That the Rules of Procedure be suspended to allow Members of Council to speak to the
matter of the foregoing Resolution #C-095-19 a second time.
Carried
The foregoing Resolution #C-095-19 was then lost on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Mayor Foster
X
Resolution #C-097-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That the request from Barry Bolahood for an Amendment to the Interim Control By -Law
2018-083, be referred to April 1, 2019 Planning and Development Committee meeting.
Motion Lost
M
Clare n Council
Minutes
March 18, 2019
Resolution #C-098-19
Moved by Councillor Neal seconded by Councillor Traill
That the request to amend Section 2.e. of Interim Control By-law 2018-03 to add 10
Victoria Street, submitted by Barry Bolahood, be denied.
Lost on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Mayor Foster
X
Resolution #C-099-19
Moved by Councillor Neal, seconded by Councillor Traill
That the request from Barry Bolahood for an Amendment to the Interim Control By -Law
2018-083, be tabled.
Lost on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Mayor Foster
X
-5-
Clare n Council
Minutes
March 18, 2019
Resolution #C-100-19
Moved by Councillor Neal, seconded by Councillor Traill
That the request from Barry Bolahood for an Amendment to the Interim Control By -Law
2018-083, be referred to Staff.
Carried on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Mayor Foster
X
Councillor Zwart returned to the meeting.
Recess
Resolution #C-101-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Council recess for five minutes.
Carried
The meeting reconvened at 7:45 PM.
8 Communications ❑ Receive for Information
There were no Communications to be received for information.
9 Communications ❑ Direction
9.1 Chris Harris, Town Clerk, Town of Whitby Regarding A Regional Review
Resolution #C-102-19
Moved by Councillor Zwart, seconded by Councillor Anderson
That Correspondence Item 9.1, Regarding a Regional Review, be referred to the
consideration of Item 8 of the General Government Committee Report.
Motion Withdrawn
Clarinn Council
Minutes
March 18, 2019
Resolution #C-103-19
Moved by Councillor Zwart, seconded by Councillor Neal
That the following resolution from the Town of Whitby, regarding a Regional Review, be
endorsed by the Municipality of Clarington:
7 KDAL I NSR_VHARLWH_3 U9 A -FI DC1- R+UP HAV -5 HJ FLDOU R+ IP HV6 HYLA Z
the following resolution, as presented to the Council of the Town of Whitby be
approved:
Whereas, the Government of Ontario has announced a review of Ontario's eight
regional municipalities, the County of Simcoe, and their lower -tier municipalities
by appointed Special Advisors;
Whereas, the provincially appointed advisory body will develop recommendations
for the Minister for the purpose of improving governance, decision-making and
service delivery in the regions and Simcoe County and their lower -tier
municipalities;
Whereas, the Association of Municipalities of Ontario informed its members that
last August, the Minister of Municipal Affairs and Housing began informal
discussions, wishing to hear from people about how this system of governance is
working recognizing it was established in the 1970s;
Whereas, the provincially appointed advisory body has included in the review
consideration of moving to single -tier municipalities or amalgamating existing
municipalities; and,
Whereas, neither the provincial review nor amalgamation was ever discussed
during the recent provincial election by the Premier or our local Members of
Provincial Parliament;
Whereas, 73 percent of residents are satisfied with the customer service they
receive from the Town of Whitby;
Whereas 91 percent of Whitby residents indicate that the quality of life in Whitby
is either good or excellent;
Whereas the Town of Whitby has a history of finding efficiencies and savings
while enhancing programs, services and facilities;
: KHL DV 1NH7 RZ ❑[RI D KIW AR� XLKDP IL5 W R_ V ❑ IFL HMN
rating; and
Whereas Whitby is recognized as one of Can D(DV_EHwffiWHV Z'H❑
-7-
Clare n Council
Minutes
March 18, 2019
Now Therefore be it Resolved
1. THAT the Council of the Town of Whitby endorses the current effectiveness of
our two-tier municipal government as it has evolved on mutual agreement with
our partner lower -tier municipalities since its foundation in 1974;
2. THAT the residents of Whitby value their choices, voices and diversity of
representation and residents should have their say before any change in
municipal representation, or possible merger with other municipalities;
3. THAT Mayors and Councils be provided the opportunity to have their say
before any change to municipal representation is made; and,
4. THAT this resolution be forwarded to the Special Advisors appointed by the
Province, Durham Region municipalities, the Association of Municipalities of
Ontario, the Minister of Municipal Affairs and Housing and made publicly
available.
Carried
9.2 Request for Expressions of Interest for the ROMA Board of Directors,
Zone 5 Vacancy - To be Appointed by the ROMA Board of Directors
Resolution #C-104-19
Moved by Councillor Zwart, seconded by Councillor Anderson
That the Council for the Municipality of Clarington endorses Margaret Zwart, Local
Councillor for Ward 4, for the position of ROMA Zone 5 Representative of the
2019 - 2023 ROMA Board, for the remainder of the Board term.
Carried
10 Committee Reports
10.1.1 Affordable Minutes of the Clarington Affordable Housing Task Force dated
Housing November 28, 2018
Task Force
Minutes
Resolution #C-105-19
Moved by Councillor Jones, seconded by Councillor Hooper
That Advisory Committee Report Item 10.1.1, be approved.
Carried
Clare n Council
Minutes
March 18, 2019
10.2 General Government Committee Report of March 4, 2019
Resolution #C-106-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That the recommendations contained in the General Government Committee Report of
March 4, 2019, be approved, on consent, with the exception of item #8.
Carried
Item 811 Region Review
Resolution #C-107-19
Moved by Councillor Neal, seconded by Councillor Jones
Whereas the Province has appointed two special advisors to make recommendations to
the Minister of Municipal Affairs and Housing on improving regional governance and
service delivery;
Whereas the consultation process includes interviews by the advisory body with upper
and lower tier heads of Council;
Whereas the heads of council ought to consider, with their respective councils, such
that they are reflecting the will of the Council that they represent, and such that the
review is open and transparent in accordance with the requirements of the
Municipal Act;
Now therefore be it resolved that:
1. The head of Clarington Council place before Council, at its next Council meeting,
in writing, the position put forth to the advisory body regarding Clarington Council;
2. Prior to further meeting with the advisory body, the head of Clarington Council
submit any proposed recommendations to the advisory body for approval by
Clarington Council;
3. 7 KD\M UR I LEH Q1➢ F4dQARSW ISDUHID_5 HSRlMU; SRVU [& OU _J \ R❑ V .L16X fflH D RL J ❑
\NHL3 LRYI❑FHL\/L5 W I.RmM Rvernance Review; and
That this resolution be forwarded to the Region of Durham and the Durham
municipalities.
Carried
M
Clare n Council
Minutes
March 18, 2019
10.3 Planning & Development Committee Report of March 11, 2019
Resolution #C-108-19
Moved by Councillor Neal, seconded by Councillor Traill
That the recommendations contained in the Planning & Development Committee Report
of March 11, 2019 be approved, on consent, with the exception of item #3 which was
considered earlier in the meeting.
Carried
11 Staff Reports
11.1 Report EGD -008-19 a Uplands Sales Pavilion/Parking Lot Construction
Status
Wme [1[1[.7i�e��i[��'ai�7
Moved by Councillor Neal, seconded by Councillor Jones
That Report EGD -008-19, regarding Uplands Sales Pavilion/Parking Lot Construction
Status, be referred to the May 6, 2019 General Government Committee meeting.
Carried
11.2 Report CLD -010-19 Appointments of Independent Directors to Elexicon
Holdco Board
Mayor Foster declared a direct interest in Agenda Item 11.2, Report CLD -010-19
Appointments to Independent Directors to Elexicon Holdco Board as he is a Member of
the Board. Mayor Foster left the room and refrained from discussion and voting on this
matter.
Councillor Neal chaired this portion of the meeting.
Resolution #C-110-19
Moved by Councillor Zwart, seconded by Councillor Hooper
• i 1 !`:, ' ',' Il 1"■lig \�"1 [II ■ �Ik pili+ !':, II) ■ " IIIF; II) ■ "■■IIII� Illh.� Ui\�"■
still IX, 1' 1" ■%e� !D �I ■11111■ !1 1 ■ 1111►' "ll D'�" 1�"i ■
1"■111"1 11 �A �' 1"■■III:+ A / 111 ■! :, ' �l 1"■111■ 'I !■■
• '.' Il 1"■U"1 ' �' 1: '■[:, ' '.' Il 1" 111111 �III'(1; I■1��"�/ 1 111 1�,� / 1111
11 141 ■W■ ' ' • /� (1:m. 0■ ►�l►1'!1 Ilt�� • ■ 11111 "1: li 1111,■!1: " 11■ "■
force as at the date of the Amalgamation;
-10-
Clare n Council
Minutes
March 18, 2019
AND WHEREAS, under the USA, Clarington and the municipalities of Ajax, Belleville,
and Pickering may nominate certain Independent Directors (as defined below) of
Merged Holdco following receipt of a recommendation by the board of directors of
Veridian Corporation;
AND WHEREAS, Clarington has received such a recommendation;
AND WHEREAS, under the USA, the municipality of Whitby may nominate certain
Independent Directors (as defined below) of Merged Holdco following receipt of a
recommendation by the board of directors of Whitby Hydro Energy Corporation;
AND WHEREAS the USA defines an Independent Director in relation to a municipality,
as an individual that, at the time of his or her appointment to a Board and throughout his
or her term as a member of such Board is not: the Mayor of such municipality; a
m e m be URI VIH- P XdFISDCFRXERCR AO(FKP XELRSDO VI DFP HP EHUPo DT0 FDCERDISGTD\/-
defined in the Municipal Act, 2001) of such municipality; or an employee of such
municipality or such local board;
AND WHEREAS, under the USA, Clarington and the municipalities of Ajax, Belleville,
Pickering, and Whitby shall each nominate one (1) director of Merged Holdco who shall,
in the sole discretion of the Mayor of each municipality, be either the Mayor or the
0 DERUC HV6J F-D\NT
AND WHEREAS Clarington has nominated its Mayor as a director of Merged Holdco;
AND WHEREAS the above-mentioned nominees would, if elected, fulfill the
requirements to be a directors of the Merged Holdco;
BE IT RESOLVED THAT
1. That Report CLD -010-19 be received;
2. Clarington nominates Brian Mountford as an Independent Director to the Board
of Directors of the Merged Holdco for a two year term, effective as at the date of
the Amalgamation;
3. Clarington nominates as Independent Directors of Merged Holdco, the individuals
chosen for nomination by each of Ajax, Belleville, and Pickering;
4. Clarington endorses the nominations to the Merged Holdco as are identified by
Whitby pursuant to the USA;
5. the Chief Administrative Officer, or an individual designated by the Chief
Administrative Officer, of Clarington (the ITX\P0i 1LHG[5 HSLMMIUA&HOEWT
authorized and directed, for and in the name of and on behalf of Clarington:
- 11 -
Garington
Council
Minutes
March 18, 2019
a. to provide notice to the other parties to the MPA of these resolutions and
to execute and deliver all such other agreements, amendments,
instruments, certificates, resolutions and other documents, and to do all
such other acts and things as the Authorized Representative may
determine to be necessary or advisable in connection with the nomination
and election of directors set out in paragraphs 1 2, and 3, the execution
and delivery of any such agreement, amendment, instrument, certificate,
resolution or other document or the doing of any such other act or thing by
the Authorized Representative being conclusive evidence of such
determination; and
b. execute and deliver all such other agreements, amendments, instruments,
certificates, resolutions and other documents, and to do all such other acts
and things as the Authorized Representative may determine to be
necessary or advisable in connection with the first shareholder meeting of
Merged Holdco, including without limitation the election of the directors of
the subsidiaries of Merged Holdco, setting the compensation of such
directors and dealing with matters to be decided by the shareholders of
Merged Holdco as contemplated in the MPA or USA, the execution and
delivery of any such agreement, amendment, instrument, certificate,
resolution or other document or the doing of any such other act or thing by
the Authorized Representative being conclusive evidence of such
determination.
6. That all interested parties listed in Report CLD -010-19 and any delegations be
advised of Council's decision.
Carried
Mayor Foster returned to the meeting and assumed the chair.
12 Business Arising from Procedural Notice of Motion
None
13 Unfinished Business
13.1 Report PSD -017-19 Cannabis Retail Stores Siting Policy
Resolution #C-111-19
Moved by Councillor Traill, seconded by Councillor Jones
That Report PSD -017-19, Cannabis Retail Stores Siting Policy, be lifted from the table.
Carried
-12-
Clarington
Resolution #C-112-19
Moved by Councillor Traill, seconded by Councillor Jones
That Report PSD -017-19 be received;
Council
Minutes
March 18, 2019
That the re -drafted Municipal Cannabis Retail Store Siting Policy as included in the
email from Carlo Pellarin dated March 18, 2019, be approved, with the exception of the
change of the 150 metre setback to a 500 metre setback, such that the 150 metre
setback remains; and
7 lD I L 1,PoIlMdG SD -WV -EH- RI i& RX❑FKY Q3-FLVIR-
Carried as Amended
Later in the Meeting
(See following motions)
Recess
Resolution #C-113-19
Moved by Councillor Neal, seconded by Councillor Traill
That Council recess for 10 minutes.
Carried
The meeting reconvened at 8:25 PM.
Resolution #C-113-19
Moved by Councillor Neal seconded by Councillor Anderson
That the foregoing Resolution #C-112-19 be amended with the following changes to
Section 4.6 (Protecting Youth and their Access to Cannabis) of the Policy:
[7 KDAM-❑-P I -MAIM/ EHIFIS®FHC'-Z L1,PQ[E[]❑❑P HMV
Carried on the following recorded vote:
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Mayor Foster
X
The foregoing Resolution #C-112-19 was then put to a vote and carried as amended.
-13-
Clarington
14 By-laws
Resolution #C-114-19
Moved by Councillor Hooper, seconded by Councillor Jones
That leave be granted to introduce By-laws 2019-016 to 2019-020
Council
Minutes
March 18, 2019
14.1 2019-016 Being a By-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington, to assume certain streets within
the Municipality of Clarington as public highways in the Municipality of
Clarington, and to name them (Item 4 of the General Government
Committee Report)
14.2 2019-017 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 5 of the General Government Committee Report)
14.3 2019-018 Being a by-law to appoint a Deputy Treasurer and to amend By-law 2001-
125 (Item 6 of General Government Committee Report)
14.4 2019-019 Being a by-law to appoint a Deputy Clerk and to repeal By-law 89-23 (Item 6
of the General Government Committee Report)
14.5 2019-020 Being a By-law to exempt a certain portion of Registered Plan 40M-2513
from Part Lot Control
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
Councillor Neal enquired if Council will be receiving any updates on the performance of
the new Elexicon Board.
Councillor Neal enquired about the appointments of the CEO for Elexicon.
Councillor Neal enquired about flooding issues as a result of the 407 construction.
-14-
Claringtoii
Council
Minutes
March 18, 2019
17 Confirming By -Law
Resolution #C-115-19
Moved by Councillor Hooper, seconded by Councillor Jones
That leave be granted to introduce By-law 2019-021, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held on
the 18th day of March, 2019; and
That the said by-law be approved.
Carried
18 Adjournment
Resolution #C-116-19
Moved by Councillor Neal, seconded by Councillor Traill
That the meeting adjourn at 8:41 PM.
z - z -
Mayor
Carried
-15-
• y
Municipal Clerk