Loading...
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