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HomeMy WebLinkAbout01-27-2020 MinutesClarington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: January 27, 2020 Time: 9:30 AM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart, R. Albright Staff Present: A. Allison, G. Acorn, R. Maciver, M. Marano, T. Pinn, G. Weir, A. Greentree, J. Gallagher, S. Gray, S. Brake, F. Langmaid (until 11:38 AM) 1. Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2. Land Acknowledgement Statement Councillor Anderson led the meeting in the land acknowledgment statement. 3. New Business — Introduction Councillor Jones asked that a new business item, regarding Flooding on Nash Road, be added to the New Business — Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Employee Contracts for Director Positions, be added to the New Business — Consideration section of the agenda. Recess Resolution # GG-043-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:36 AM with Mayor Foster in the Chair. 1 General Government Committee Minutes January 27, 2020 4. Adopt the Agenda Resolution # GG-044-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Agenda for the General Government Committee meeting of January 27, 2020 be adopted as presented with the addition of a New Business Items: x Flooding on Nash Road x Employee Contracts for Director Positions Carried 5. Declaration of Interest Later in the meeting, Councillor Neal declared an indirect interest in Delegation 8.3 , Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood and Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood. Councillor Jones declared an indirect interest in Report CSD-002-20 Public Access Defibrillator Program — Lakeridge Health Agreement Renewal. Councillor Hooper declared a direct interest in Unfinished Business Item 22.1, Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, Regarding Regional Heritage Property Tax Rebate. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting Resolution # GG-045-20 Moved by Councillor Zwart Seconded by Councillor Jones That the Minutes 7.1 and 7.2, be received on consent. Carried 7.1 Minutes of a Regular Meeting of General Government Committee dated January 6, 2020 7.2 Minutes of a Special Meeting of General Government Committee dated January 10, 2020 General Government Committee Minutes January 27, 2020 8. Delegations 8.1 Pauline Witzke, Port Darlington Community Association, Regarding Port Darlington Shoreline Protection Pauline Witzke, Port Darlington Community Association, was present regarding Port Darlington Shoreline Protection. Ms. Witzke provided an overview of the water levels in the Spring of 2019. She thanked the Municipality for their efforts. Ms. Witzke reminded the Committee that, in July 2019, the Committee passed a resolution to enter into urgent negotiations with Votorantim, other government agencies and the Provincial and Federal Governments, to explore all funding options for implementation of the Baird Report Option 3 or other effective engineering solutions to the starvation and erosion at Cedar Crest Beach Road. She explained that the water level of Lake Ontario is higher than January of 2019. Ms. Witzke noted that the community has attended meetings in September and November where neither municipal staff nor CLOCA staff have answered the questions asked by Council and the CLOCA Board of Directors regarding the impact of the St. Marys pier on shoreline erosion. She stated that in 3 months, residents will be facing more erosion from wave energy on Lake Ontario. Ms. Witzke explained that no progress has been communicated to the residents from the urgent negotiations that were committed in Council's motion. She explained that residents are looking at another year where no physical barrier to the waves is going to be there. Ms. Witzke stated that this will be the fourth spring since bringing the issue of shoreline erosion in Port Darlington, and the risk to homeowners, to the attention of Council. She mentioned that last spring one family had to relocate due to foundation damage to their house caused by erosion and they are still not back in their house. She asked the Committee for help and answered questions. Resolution # GG-046-20 Moved by Councillor Traill Seconded by Councillor Neal That the Delegation of Pauline Witzke, Port Darlington Community Association, Regarding Port Darlington Shoreline Protection, be received with thanks. Carried 8.2 Libby Racansky, Regarding Municipal Roads and Traffic Congestion Libby Racansky, was present regarding municipal roads and traffic congestion, as well as the practical application of new planning to Hancock Neighbourhood. She made a verbal presentation to accompany an electronic presentation for both delegations. Ms. Racansky requested that the Committee pass a by-law that would protect people's lives. She explained that current and previous development should be reviewed to assess the sustainability of the area and safety of residents. Ms. Racansky noted that the extensions and widening of future or existing roads should not be considered and that they would only add to more impermeable surfaces that would cause even more flooding. 3 General Government Committee Minutes January 27, 2020 Councillor Neal declared an interest in the delegations of Libby Racansky related to an interim control by-law, as it relates to his law practice. He left the room and refrained from discussion on this matter. She stated that, in order to pass this by-law, the following items must be considered: 1. Sensitivity of Courtice's aquifer that is underlain by clay that holds the water and groundwater flow coming from northeast to southwest. 2. The areas stripped of vegetation must be replanted at suitable areas as much as possible within the subdivision. 3. Limit grading and protect the remains wooded, thickets, meadow areas that hold the water in place, not allowing subdivisions to become flooded. 4. Limit ditching and diversion of water to storm water management. 5. Install sufficient culvert and maintain flows to allow wildlife to cross the roads by creating eco-passages (speed bumps - ex. -Athol St., Oshawa). 6. Create bank on the south side of tributary that is crossing Hancock Rd. within the Trolleybus land to avoid flooding of properties not owned by this developer (south, Tabb, etc.); divert the tributary to south land owned by the Trolleybus crossing Nash Rd., so that it could enter the Black Creek. 7. Do not extend or widen roads. 8. Use `trenchless technology' for culverts, sewer/water pipes. Ms. Racansky noted that trenchless technology should be applied in Courtice. She explained that last year a tunnel boring machine was used at Baseline Road and Courtice Road to dig an 817 metre long tunnel for sanitary sewer services to planned development areas. Ms. Racansky stated that the project was completed in partnership with Ward & Burke Construction Ltd. and this type of trenchless technology involves underground construction work that requires fewer or no continuous trenches and is being used by the Region to install utilities such as water. She explained that the Committee should pass an interim control by-law to undertake a review of the existing neighbourhood in order to identify elements of neighbourhood character and to develop regulations and implementation tools to preserve the existing neighbourhood character. Ms. Racansky continued by stating that congestion can be stopped by removing car lanes, restricting vehicles, improving transit, not extending roads or adding lanes. She explained that the environmental, social and economic costs associated with traffic congestion are real and affect the health, quality of life and wallet of all taxpayers and citizens on a daily basis. Councillor Neal returned to the meeting at 10:31 AM. Ms. Racansky noted that the road congestion also increases the air pollution produced by the combustion of fossil fuels, leading to an increase in respiratory 12 General Government Committee Minutes January 27, 2020 problems, premature deaths and several types of cancer, especially for neighboring populations. She stated that adding roads does not improve the economy and increasing public transit is not enough to reduce congestion. Ms. Racansky mentioned that the imposition of eco-tax measures, such as the gas tax and the parking tax, can help reduce vehicle use. She concluded by urging the Committee to start a new way of planning. 8.3 Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood The Delegation of Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood, was considered earlier during Item 8.2. 8.4 Roman Zydownyk, Regarding 55 A/B Townline Road South, Clarington Roman Zydownyk, was present regarding 55 A/B Townline Road South, Clarington. Mr. Zydownyk stated that he is opposed to the nature and type of buildings being constructed at 55A and 55B Townline Road South. He explained that he is concerned that the development does not comply with the zoning and that these buildings have been deliberately constructed to be occupied as triplex units, in direct violation of Municipal by-laws. Mr. Zydownyk stated that no new approvals should be provided for any variance to legitimize the buildings constructed on these properties and condone this builder's behaviour. He explained that he is concerned with water drainage and flooding of properties abutting 55A/B, including 75 & 81 Kingswood Drive, the two properties backing on to the subject properties due to significant changes made to the topography of the properties. Mr. Zydownyk displayed photos of the properties and how they altered the nature and use of abutting properties. He outlined his concerns regarding Zoning Compliance, Parking, Drainage and Snow Removal, Lighting and Garbage Management. Mr. Zydownyk requested that the Committee ensure the builder complies with municipal by-laws and does not circumvent those by- laws by seeking retroactive approvals for flagrant violations. He also requested that the Committee ensure the builder works with the property owners in the neighbourhood to address all concerns. Mr. Zydownyk would like the builder to adhere to the same rules of construction that all builders in Clarington must follow and variances to by-laws should not be provided in instances where there has been a flagrant disregard for the by-laws of the Municipality. Suspend the Rules Resolution # GG-047-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the delegation of Roman Zydownyk, Regarding 55 A/B Townline Road South, Clarington for an additional two minutes. Carried 5 General Government Committee Minutes January 27, 2020 He explained that residents should not be placed in a position where they are required to police builder compliance with municipal by-laws. Mr. Zydownyk stated that it is clear to the residents that these two buildings were deliberately constructed to be something other than single family dwellings designed to operate as one unit and this builder should not be allowed to operate anything other than that. Resolution # GG-048-20 Moved by Councillor Jones Seconded by Councillor Neal That Staff report back on issues related to the construction of 55A and 55B Townline Road South. Carried Resolution # GG-049-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried Recess Resolution # GG-050-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:47 AM with Mayor Foster in the Chair. 9. Communications — Receive for Information Resolution # GG-051-20 Moved by Councillor Jones Seconded by Councillor Hooper That Communication Items 9.1 to 9.3, be received on consent. Carried 9.1 Minutes of the Bowmanville Business Improvement Area dated November 12, 2019 9.2 Minutes of the Tyrone Community Centre dated November 20, 2019 9.3 Minutes of the Newcastle Business Improvement Area dated December 12, 2019 A General Government Committee Minutes January 27, 2020 10. Communications — Direction 10.1 Libby Racansky, Regarding Municipal Roads and Traffic Congestion Resolution # GG-052-20 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 10.1, Libby Racansky, Regarding Municipal Roads and Traffic Congestion, be referred to the Clarington Active Transportation Advisory Committee. Carried 10.2 Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood Councillor Neal declared a direct interest in Item 10.2, Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood, as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Resolution # GG-053-20 Moved by Councillor Jones Seconded by Councillor Zwart That Communication Item 10.2, Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood, be referred to the Planning and Development Department. Carried 11. Presentations No Presentations. 12. Engineering Services Department Reports No Reports for this section of the Agenda. 13. Operations Department Reports No Reports for this section of the Agenda. 14. Emergency and Fire Services Department Reports No Reports for this section of the Agenda. 7 General Government Committee Minutes January 27, 2020 15. Community Services Department Reports Councillor Traill chaired this portion of the meeting. 15.1 CSD-002-20 Public Access Defibrillator Program — Lakeridge Health Agreement Renewal Councillor Jones declared an indirect interest in Public Access Defibrillator Program — Lakeridge she is a Lakeridge Health employee. Councillor from discussion and voting on this matter. Resolution # GG-054-20 Moved by Councillor Hooper Seconded by Mayor Foster That Report CSD-002-20 be received; Item 15.1, Report CSD-002-20 Health Agreement Renewal, as Jones left the room and refrained That Council authorize the Mayor and Clerk to sign the Agreement provided by the Central East Prehospital Care Program (CEPCP), on behalf of Lakeridge Health; and That Central East Prehospital Care Program be advised of action taken. Carried Councillor Jones returned to the meeting. 16. Municipal Clerk's Department Reports Councillor Jones chaired this portion of the meeting. 16.1 CLD-002-20 Appointments to Fill Vacancies on Various Boards and Committees Resolution # GG-055-20 Moved by Councillor Neal Seconded by Mayor Foster That Report CLD-002-20 be received; That the Committee consider the applications for appointments to the various boards and committees, and that the vote be conducted to appoint the citizen and Council representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; That the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancies on the Newcastle Arena Board and the Livestock Valuers; That Sajida Kadri be appointed as the youth member to the Diversity Advisory Committee for a term ending December 31, 2022 or until a successor is appointed; General Government Committee Minutes January 27, 2020 That the resignation of Kenneth Illechukwu, from the Diversity Advisory Committee, be received; and That all interested parties listed in Report CLD-002-20 and any delegations be advised of Council's decision. Carried Diversity Advisory Committee That Meera MacDonald be appointed to the Diversity Advisory Committee for a term ending December 31, 2020 or until a successor is appointed. Suspend the Rules Resolution # GG-056-20 Moved by Councillor Hooper Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional five minutes past the lunch break. Carried Suspend the Rules Resolution # GG-057-20 Moved by Councillor Zwart Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional two minutes in addition to previous extensions, past the lunch break. Carried Suspend the Rules Resolution # GG-058-20 Moved by Councillor Neal Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting for an additional 10 minutes in addition to previous extensions, past the lunch break. Carried Resolution # GG-059-20 Moved by Councillor Neal Seconded by Councillor Traill That the Committee recess until 1:00 PM. Carried The meeting reconvened at 1:00 PM with Mayor Foster in the Chair. 9 General Government Committee Minutes January 27, 2020 17. Corporate Services Department Reports Mayor Foster chaired this portion of the meeting. 17.1 COD-001-20 Co-op Request for Proposal RFP-348-2019 — Consulting and Related Management and Administrative Services for the Supply of Natural Gas Resolution # GG-060-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report COD-001-20 be received; That the Co-op RFP submission received from Blackstone Energy Services Inc., Toronto, for the provision of consulting and related services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Service's Department) for a term of three years for an estimated annual fee of $12,690.00 per year (excluding HST), based on the current number of accounts and subject to change over the contract term be accepted; That pending satisfactory performance, the Purchasing Manager be given the authority to extend the contract for up to two additional one-year terms; and That all interested parties listed in Report and any delegations be advised of Council's decision. Carried 18. Finance Department Reports No Reports for this section of the Agenda. 19. Solicitor's Department Reports 19.1 LGL-001-20 Assumptions of Road Widenings Resolution # GG-061-20 Moved by Councillor Jones Seconded by Councillor Hooper That Report LGL-001-20 be received; and That the draft By-law attached to Report LGL-001-20, as Attachment 1, be enacted. Carried 10 General Government Committee Minutes January 27, 2020 20. CAO Office Reports 20.1 CAO-003-20 Forestry Service Delivery Review Resolution # GG-062-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report CAO-003-20 be received; That Council endorse the recommendations of the Forestry Service Delivery Review; That the recommendation to conduct a customer service and work order process review be initiated immediately by staff; and That the other recommendations set out in the consultant's Service Delivery Review of Forestry Services be prioritized to enhance Forestry services. Carried 21. New Business — Consideration 21.1 Flooding on Nash Road Resolution # GG-063-20 Moved by Councillor Jones Seconded by Councillor Neal That staff report back on the flooding at Nash Road, Harry Gay Drive and Tabb Avenue in Courtice to answer the following questions: 1. What caused the flooding? 2. Who prepared the drainage plan? 3. Was it adequate for this area and will it happen again? Carried 21.2 Employment Contracts for Director Positions Resolution # GG-064-20 Moved by Councillor Neal Seconded by Councillor Jones That the CAO be directed to prepare a report regarding a proposed policy to establish that employment contracts for director positions, filled after this date, be for five year contracts, with a one year severance payout plus benefits, in the event of non -renewal. Carried Later in the Meeting, see following motion 11 General Government Committee Minutes January 27, 2020 Closed Session Resolution # GG-065-20 Moved by Councillor Neal Seconded by Councillor Zwart 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 personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 2:24 PM. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed on a procedural matter. Resolution # GG-066-20 Moved by Councillor Neal Seconded by Councillor Traill That the foregoing Resolution #GG-064-19 be amended to add the following to the end, as a second item: Any employee related policies pertaining to Directors. The foregoing Resolution #GG-064-20 was then put to a vote and carried as amended. 21.3 CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program Resolution # GG-067-20 Moved by Councillor Neal Seconded by Councillor Jones That the recommendations, contained in Confidential Report CAO-002-20, be approved. Carried 12 General Government Committee Minutes January 27, 2020 22. Unfinished Business 22.1 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, regarding Regional Heritage Property Tax Rebate Councillor Hooper declared a direct interest in Unfinished Business Item 22.1, Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, as his family business building has been disqualified as a historical building. He left the meeting and refrained from discussion and voting on this matter. Resolution # GG-068-20 Moved by Councillor Zwart Seconded by Councillor Neal That the following resolution from the Town of Whitby, regarding Regional Heritage Property Tax Rebate, be endorsed by the Municipality of Clarington: That the Region of Durham be requested to support heritage preservation by adopting a by-law to provide a Regional property tax rebate for designated heritage properties, including those properties within heritage conservation districts; and, That a copy of this resolution be sent to area municipalities in the Region of Durham. Motion Lost Resolution # GG-069-20 Moved by Councillor Neal Seconded by Councillor Zwart That Unfinished Business Item 22.1, Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, regarding Regional Heritage Property Tax Rebate, be received for information. Carried 23. Confidential Reports 23.1 CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program Report CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program was considered earlier in the meeting during the New Business portion of the agenda. 13 General Government Committee Minutes January 27, 2020 24. Adjournment Resolution # GG-070-20 Moved by Councillor Hooper Seconded by Councillor Traill That the meeting adjourn at 2:39 PM. Carried ayor i[i epouty Clerk ..