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Home My WebLink About2019-04-08 MinutesClarftwa Council Minutes April 8, 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 April 8, 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, F. Horvath, M. Marano, R. Maciver, T. Pinn, M. Seaman, T. Calhoun, A. Greentree, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Anderson led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Zwart declared an indirect interest regarding the request from Barry Bolahood for an Amendment to the Interim Control By -Law 2018-083 (Item 8 of the Planning and Committee Report. Mayor Foster declared a direct interest in Agenda Item 12.1 reconsideration of Resolution #C-110-19. 4 Announcements Members of Council announced upcoming community events and matters of community interest. - 1 - Clare n Council Minutes April 8, 2019 5 Adoption of Minutes of Previous Meeting Resolution #C-121-19 Moved by Councillor Traill seconded by Councillor Zwart That the minutes of the regular meeting of the Council held on March 18, 2019, be approved; and That the minutes of the special meeting of the Council held on March 29, 2019, be approved. Carried as Amended (See following motions) Resolution #C-121-19 Moved by Councillor Neal seconded by Councillor Traill That the minutes of a special meeting of Council held March 29, 2019 be amended by adding the following to the end of note after the meeting was called to order (Item 1 of the March 29, 2019 Council Agenda): -DV-he believed it would have been improper to have done so as the Mayor has a 1W --IP G]OY& I1 Carried 6 Presentations There were no Presentations scheduled for this meeting. 7 Delegations Suspend the Rules Resolution #C-122-19 Moved by Councillor Hooper, seconded by Councillor Neal That the Rules of Procedure be suspended to add Nicholaas Van Seggelen & Udana Muldoon to delegation portion of the Agenda. Carried -2- Clarftwa Council Minutes April 8, 2019 7.1 Mike Bujold regarding Flooding in Kendal (Item 11 of the General Government Committee Report) Mike Bujold, local resident, was present regarding flooding in Kendal (Item 11 of the General Government Committee Report). He requested that this issue be revisited as there have been drainage issues for 25 years. Mr. Bujold noted that the main area of concern is north of Concession 9 and the Kendal Church Road. He added that a ditch added 25 years ago and has caused flooding to Newtonville Road. Mr. Bujold explained that the ditch is not draining properly which is resulting in the road flooding. He added that he owns a sump pump and there is no location to drain his property. Mr. Bujold concluded by asking for this issue to be reviewed by Staff. Mr. Bujold answered questions from the Members of Council. 7.2 Richard Ward regarding Flooding in Kendal (Item 11 of the General Government Committee Report) Richard Ward, local resident, was present regarding flooding in Kendal (Item 11 of the General Government Committee Report). He explained that his property flooded on March 15, 2019 and has been flooded for 16 days. Mr. Ward believes the flooding is due to the snow being pushed across the road and the culvert being filled with gravel and causing it to back up and overflow. He is concerned that the property owners of 14 Hoy Street have extended their driveway and filled the swale which he believes has resulted in flooding. Mr. Ward noted that both the Operations and Municipal Law Enforcement have attended the property and he believed the issue was going to be addressed. He stated that he feels there has been violation of Municipal By-laws and is concerned that this has not already been addressed. Mr. Ward answered questions from the Members of Council. VMe R[iC.TitEe��if��c�i�7 Moved by Councillor Neal, seconded by Councillor Traill That the delegation of Mr. Ward be referred to the Municipal Solicitor to undertake a review of the situation to determine if there is interference of a drainage ditch blocking the natural course of water, and advise Council through a confidential report back to the General Government Committee meeting of May 6, 2019 on whether there is any contravention of a Municipal By-law, or any other laws, that the Municipality should be acting on. Carried -3- Clarington Council Minutes April 8, 2019 7.3 Howard Bayne, Durham East Softball Association (DESA) Fun League, regarding Addendum to OPD -003-19, Sports User Fees and Guide (Agenda Item 13.1) Howard Bayne, Durham East Softball Association (DESA) Fun League, was present regarding Addendum to OPD -003-19, Sports User Fees and Guide (Agenda Item 13.1). He explained his concern with the non -residency requirement of 75%. Mr. Bayne explained that the fees associated with this will result in an increase of 72% in their user fees. He noted that this increase would result in them not being able to operate as they would need to significantly increase their registration fees and use ball diamonds outside of Clarington. Mr. Bayne asked about the application policy and the manner in which the permits will be prioritized. He added that he is concerned with tournaments being given priority for field bookings. Mr. Bayne also noted his concern with the grandfather status only being granted to clients existing since 2010. He feels it should be on a go forward basis from 2018. Mr. Bayne expressed his concern with the collection of personal data to determine the residency requirement. He advised the Members of Council that he understands the population is growing and he feels that the Municipality needs to increase the number of sports fields to keep up to these growing demands. Mr. Bayne noted that although the diamonds at Rosswell Park, Lord Elgin Park, and Memorial Park are listed as adult diamonds, they have not been available to be booked for adult teams since 2007. Mr. Bayne concluded by stating that these changes to the policy are making it very challenging to organize teams and draw people to the Municipality of Clarington. He answered questions from the Members of Council. 7.4 Ken Rowe regarding the Delegation of Beth Meszaros, Regarding Suggestions for On -Farm -Diversified Uses, Agri -tourism and Special Events (Item 3 of the Planning and Development Committee Report) Ken Rowe, local resident, was present regarding the delegation of Beth Meszaros, regarding suggestions for On -Farm -Diversified Uses, Agri -tourism and Special Events (Item 3 of the Planning and Development Committee Report). He noted he was present on behalf of citizens concerned with on -farm -diversified uses and the following Resolution passed at the Planning and Development Committee meeting April 1, 2019: F7 KG/11iUO I rL R XL J [L[FR MWBR-12 I]W RLY EDFN Di& RP P IMH❑ meeting in June 2019 with a report outlining a permitting scheme to regulate wedding venues having regard to other jurisdiction where such a permitting scheme is in operation: and That the delegation of Beth Meszaros, regarding suggestions for On -Farm -Diversified Uses, Agri -Tourism and special ( YH❑IAILIEHIU4HLB4G RAIBll_\R-LHSRJEDFN-u Mr. Rowe noted that this Resolution does not reflect the full concerns of the community and asked for it to LuF®KGIIL5XlEGBSHFLDKIk YH❑ L -i l He explained that the Municipality has By-laws regulating Special Events for over 500 people in attendance. Mr. Rowe asked for it to include events for 50 to 500 people. He requested that there be clarification in the requirements, by-laws and regulation for all venues in the Municipality -4- Clare n Council Minutes April 8, 2019 of Clarington. Mr. Rowe concluded by explaining that it is not the intention of the community to effect existing businesses in the area. Mr. Rowe answered questions from the Members of Council. 7.5 Nicholaas Van Seggelen regarding Flooding in Kendal (Item 11 of the General Government Committee Report) Nicholaas Van Seggelen, local resident, was present regarding Flooding in Kendal (Item 11 of the General Government Committee Report). He noted that he is the property owner of 14 Hoy Street. Mr. Van Seggelen advised the Members of Council that he spoke to the Operations Department prior to completing any grading on his property. He added that he had the property assessed by the Operations Department to seek direction as to what could be done to assist with the drainage. Mr. Van Seggelen pointed out there are issues with flooding in all areas of Kendal. He added that he is trying to work with the Operations Department to determine a solution. Mr. Van Seggelen explained that he had a three car driveway added and graded it to the road. He concluded by explaining that he is communicating with all parties involved and willing to assist to correct any issues related to his property. 7.6 Udana Muldoon, Clarington Ravens, regarding Addendum to OPD -003-19, Sports User Fees and Guide (Agenda Item 13.1) Udana Muldoon, Clarington Ravens Fast Pitch Softball Association, was present regarding Addendum to OPD -003-19, Sports User Fees and Guide (Agenda Item 13.1). She advised the Members of Council that the Staff Consultation during this process has been good. Ms. Muldoon noted that she is concerned about the residency requirement of 75%. She explained that they are a rep team and have only been in existence for two years. Ms. Muldoon explained that the residency requirement will limit their ability to play and, though they meet the requirement this year, they may not in the future. She asked why the grandfather status applies effective 2010. Ms. Muldoon requested that this be on a go forward basis. She explained that they are the only girl rep soft ball league in Clarington and this year they will be hosting the Provincials which will bring 200 baseball teams to Clarington. Ms. Muldoon believes they will be the only organization impacted by the grandfather status. She concluded by asking the Municipality to add more diamonds to assist with the growing demands. Ms. Muldoon answered questions from the Members of Council. Recess Resolution #C-124-19 Moved by Councillor Neal, seconded by Councillor Traill That Council recess for 5 minutes. The meeting reconvened at 8:38 PM. Carried -5- Clare n Council Minutes April 8, 2019 8 Communications ❑ Receive for Information There were no Communications to be received for information. 9 Communications ❑ Direction 9.1 Ken Rowe regarding the Delegation of Beth Meszaros, Regarding Suggestions for On -Farm -Diversified Uses, Agri -tourism and Special Events Resolution #C-125-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the Correspondence Item 9.1 from Ken Rowe regarding the delegation of Beth Meszaros, regarding suggestions for On -Farm -Diversified Uses, Agri -tourism and Special Events be referred to the consideration of Item 3 of the Planning and Development Committee Report. Carried 9.2 Paul and Cathy Powers, regarding Report PSD -018-19, Applications by Lynstrath Developments Inc. for a Draft Plan of Subdivision and Zoning By- law Amendment to create one block for up to 28 townhouse dwellings in a common elements condominium on the south-east corner of Townline Road and Lawson Road and Report PSD 021-19, Application by Kyle Roberts to amend the Zoning By-law to facilitate the creation of one additional single detached lot at 46 Lawson Road in Courtice Resolution #C-126-19 Moved by Councillor Anderson, seconded by Councillor Hooper That Correspondence Item 9.2 from Paul and Cathy Powers, regarding Report PSD -018-19, Applications by Lynstrath Developments Inc. for a Draft Plan of Subdivision and Zoning By-law Amendment to create one block for up to 28 townhouse dwellings in a common elements condominium on the south-east corner of Townline Road and Lawson Road and Report PSD 021-19, Application by Kyle Roberts to amend the Zoning By-law to facilitate the creation of one additional single detached lot at 46 Lawson Road in Courtice, be referred to the consideration of Items 2 and 4 of the Planning and Development Committee Report. Carried Councillor Jones returned to the meeting. Clarington 10 Committee Reports Council Minutes April 8, 2019 10.1.1 Museum Minutes of the Clarington Museum and Archives Board dated Minutes February 13 and March 13, 2019 10.1.2 Affordable Minutes of the Clarington Affordable Housing Task Force dated Housing Task February 22, 2019 Force Minutes 10.1.3 Agricultural Minutes of the Agricultural Advisory Committee dated March 14, Advisory 2019 Committee Minutes 10.1.4 Heritage Minutes of the Clarington Heritage Committee dated March 19, Committee 2019 Minutes 10.1.5 Newcastle Minutes of the Newcastle Arena Board dated March 5, 2019 Arena Board Minutes 10.1.6 Diversity Minutes of the Clarington Diversity Advisory Committee dated Advisory March 6, 2019 Committee Minutes OMB RRIWO NtEe161111iPAa�1 Moved by Councillor Zwart, seconded by Councillor Traill That Advisory Committee Report Items 10.1.1 to 10.1.6, be approved with the exception of Items 10.1.2 and 10.1.6. Carried 10.1.2 Minutes of the Clarington Affordable Housing Task Force dated February 22, 2019 Resolution #C-128-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Advisory Committee Report Item 10.1.2, be approved. Carried -7- Clarington Council Minutes April 8, 2019 10.1.6 Minutes of the Clarington Diversity Advisory Committee dated March 6, 2019 Resolution #C-129-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Advisory Committee Report Item 10.1.6, be approved. Carried 10.2 General Government Committee Report of March 25, 2019 Resolution #C-130-19 Moved by Councillor Jones, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of March 25, 2019, be approved, on consent, with the exception of items #1f, #2 and #11. Carried Item 1f FND-007-19 Annual Commodity Hedging - 2018 Wme 111IWO NtEe1�d�111Qi11007 Moved by Councillor Neal, seconded by Councillor Zwart That Report FND-007-19 be received for information. Carried Item 2_1 Sheila Hall, Executive Director, Clarington Board of Trade, Regarding 2018 Economic Development Update Resolution #C-132-19 Moved by Councillor Neal, seconded by Councillor Traill That Communication Item 8.5, Sheila Hall, Executive Director, Clarington Board of Trade, regarding the 2018 Economic Development Update, be received for information; That the delegation of Sheila Hall and Bonnie Wrightman, Clarington Board of Trade, regarding the 2018 Economic Development Update, be received with thanks; That the Mayor be directed to send a letter, on behalf of Clarington Council, to the Clarington Board or Trade, congratulating them on their hard work; That the Mayor be directed to send a letter, on behalf of Clarington Council, to East Penn Canada welcoming them to the Municipality of Clarington; and Clarington Council Minutes April 8, 2019 That the CAO report back to a future General Government Committee meeting on how Council can be better informed of matters related to Economic Development. Motion Withdrawn Resolution #C-133-19 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 8.5, Sheila Hall, Executive Director, Clarington Board of Trade, regarding the 2018 Economic Development Update, be received for information; That the delegation of Sheila Hall and Bonnie Wrightman, Clarington Board of Trade, regarding the 2018 Economic Development Update, be received with thanks; That the Mayor be directed to send a letter, on behalf of Clarington Council, to the Clarington Board or Trade, congratulating them on their hard work; and That the Mayor be directed to send a letter, on behalf of Clarington Council, to East Penn Canada welcoming them to the Municipality of Clarington Carried Item 11 ❑ Flooding in Kendal Resolution #C-134-19 Moved by Councillor Anderson, seconded by Councillor Zwart That staff be requested to investigate the matter of flooding in Kendal and report back with recommendations. Carried 10.3 Planning & Development Committee Report of April 1, 2019 Resolution #C-135-19 Moved by Councillor Neal, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of April 1, 2019 be approved, on consent, with the exception of items #8 and #3. Carried M Clarington Council Minutes April 8, 2019 Item 8 — Request to amend Interim Control By-law 2018-083 for 10 Victoria Street Bowmanville Councillor Zwart declared an indirect interest the request from Barry Bolahood for an Amendment to the Interim Control By -Law 2018-083 (Item 8 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. Resolution #C-136-19 Moved by Councillor Neal, seconded by Councillor Jones That Report PSD -023-19 be received for information. Motion Lost Resolution #C-137-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report PSD -023-19 be received for information; and That the Interim Control By-law 2018-083 be amended to add 10 Victoria Street as an HEW S\NG_SU; SHl1M�;❑ l DVLO LUL RMDSS(FDliZ-1 iA D WI DFWEIR AiEE of Planning Services. 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-138-19 Moved by Councillor Neal, seconded by Councillor Traill That Report PSD -023-19 be tabled. Motion Lost -10- Clarington Resolution #C-139-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report PSD -023-19 be referred to the April 29, 2019 Council meeting. Motion Lost Resolution #C-140-19 Moved by Councillor Neal, seconded by Councillor Jones That Report PSD -023-19 be referred to the end of the Agenda. Motion Lost Closed Session Wme 11T[iCIiQi111007 Moved by Councillor Neal, seconded by Councillor Traill Council Minutes April 8, 2019 That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor -client privilege, including communications necessary for that purpose. Carried 10.4 Rise and Report The meeting resumed in open session at 9:30 PM with Mayor Foster in the Chair. 0 Ddb RVIkIIJDCM1A-G HUW ZEiFU+GA -MAR❑[LiCDFFRLOD FHF1 with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. Councillor Zwart returned to the meeting. Item 3 - Delegation of Beth Meszaros, Regarding Suggestions for On -Farm - Diversified Uses, Agri -tourism and Special Events Resolution #C-142-19 Moved by Councillor Traill, seconded by Councillor Zwart That Staff, working in consultation with all stakeholders, report back to a Committee meeting in Fall, 2019 with a report outlining a permitting scheme to regulate Agri - tourism venues having regard to other jurisdictions where such a permitting scheme is in operation; and - 11 - Clarington Council Minutes April 8, 2019 That the delegation of Beth Meszaros, regarding suggestions for On -Farm -Diversified Uses, Agri -tourism and Special Events, be referred to staff to report back. Carried as Amended Later in the Meeting (See following motions) Resolution #C-143-19 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-142-19 be amended by inserting the word [possible❑ in front of the first instance of the word IFpermittingC Carried Suspend the Rules Resolution #C-144-19 Moved by Councillor Neal, seconded by Councillor Zwart That the Rules of Procedure be suspended to allow Members of Council to speak to the matter of the foregoing Resolution #C-142-19 a second time. Carried The foregoing Resolution #C-142-19 was then put to a vote and carried as amended. 11 Staff Reports None 12 Business Arising from Procedural Notice of Motion 12.1 The Portion of Resolution #C-110-19 Pertaining to the Elexicon Board Per Diem Rate Mayor Foster declared a direct interest in Agenda Item 12.1 reconsideration of Resolution #C-110-19 as he is a Member of the Board. Mayor Foster left the room and refrained from discussion and voting on this matter. Councillor Neal assumed the Chair. Resolution #C-145-19 Moved by Councillor Jones, seconded by Councillor Traill That the portion of the Resolution #C-110-19 pertaining to the Veridian Board per diem rate be reconsidered. Motion Lost -12- Clare n Council Minutes April 8, 2019 Mayor Foster returned to the meeting and assumed the Chair. 13 Unfinished Business 13.1 Sports User Fees and Guide (Referred from the March 25, 2019 General Government Committee Meeting) Resolution #C-146-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report OPD -003-19 and Addendum to Report OPD -003-19 be received; 7KDVEL1K'M[fiEFHSV&Bt❑[RVQI-II IP,[]- HACH VVI -H -L FUUVR ILounciI approve the recommended Sports Field User fees for 2019 and the annual adjustment approach using the Consumer Price Index (CPI) beginning in 2020 as set -out in Section 4.1 of this Report; That in accordance with the recommendation in Report OPD -003-19, Council approve a reduction in the Artificial Turf Field fees during the months of June, July and August, for both youth and adult users; That as outlined on Attachment #1 of Addendum to Report OPD -003-19, Council support the revised Operations Department policy respecting the processing of Sports Field user applications beginning in the 2020 season be referred for a Report in the Fall of 2019; and That the issue of non-resident fees be referred back to staff for a report in the Fall of 2019. Motion Divided (See following motions) :MelRSTi1Ee14111i[Mi11097 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-146-19 be divided to separate the following from the second paragraph: IL\IP H annual adjustment approach using the Consumer Price Index (CPI) beginning in 2020 as set-RWIL--6 F F\5UE111L11[RI [ HSRUVVI Carried -13- Clare n Council Minutes April 8, 2019 Resolution #C-148-19 Moved by Councillor Neal, seconded by Councillor Traill That the annual adjustment approach using the Consumer Price Index (CPI) beginning in 2020 as set -out in Section 4.1 of this Report be referred to staff for a report to be prepared in the Fall of 2019. Carried The balance of the foregoing Resolution #C-146-19 was then put to a vote and carried. 14 By-laws Resolution #C-149-19 Moved by Councillor Hooper, seconded by Councillor Anderson That leave be granted to introduce By-laws 2019-023 to 2019-027 14.1 2019-023 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 6 of General Government Committee Report) 14.2 2019-024 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 Planning and Development Committee Report) 14.3 2019-025 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By law for the Corporation of the Municipality of Clarington (Item 7 of Planning and Development Committee Report) 14.4 2019-026 Being a By-law to amend Interim Control By-law 2018-083 (Item 7 of Planning and Development Committee Report) 14.5 2019-027 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By law for the Corporation of the Municipality of Clarington (Kevin Cottam) (Approved by Council on December 8, 2003) 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. -14- CII-larington 16 Other Business None 17 Confirming By -Law Resolution #C-150-19 Moved by Councillor Hooper, seconded by Councillor Anderson Council Minutes April 8, 2019 That leave be granted to introduce By-law 2019-028, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 8t" day of April, 2019; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-151-19 Moved by Councillor Neal, seconded by Councillor Traill That the meeting adjourn at 10:05 PM May Carried -15-