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HomeMy WebLinkAbout01-28-2013 Council Meeting Minutes JANUARY 28, 2013 Minutes of a regular meeting of Council held on January 28, 2013 at 7:00 p.m., in the Council Chambers. Councillor Traill led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Senior Planner, Community Planning, L. Backus, attended until 8:42 p.m. Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Director of Planning Services, D. Crome Director of Operations, F. Horvath Manager of Community Planning & Design, C. Salazar, attended until 8:42 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be declaring a pecuniary interest with respect to Correspondence Item I - 8. ANNOUNCEMENTS Councillor Partner announced the following:  She attended the Newcastle Lions’ Italian Night on Sunday, January 27, 2013  Newcastle & District Chamber of Commerce Annual General Meeting will be held on January 29, 2013 Council Meeting Minutes - 2 - January 28, 2013 Councillor Woo announced the following:  On Saturday, January 26, 2013, he attended the Purple Hill Loyal Orange th Lodge No. 399’s 30 Robbie Burns Night and brought greetings on behalf of the Municipality  He commended all Emergency personnel, staff and residents for their assistance during the major motor vehicle accident which occurred on Friday, th January 25 on Highway 401 at Mill Street in Newcastle Councillor Hooper announced the following:  He echoed Councillor Woo’s comments regarding the major accident on Friday evening  February 16 to 24, 2013 is “Heritage Week in Clarington” featuring a Treasure Hunt, Arts Display and Ice Age Mammals Exhibit  He attended the Large-Scale Fill Symposium hosted by the Township of Scugog on January 25, 2013  A Blood Donor Clinic will be held on January 30, 2013 at the Garnet B. Rickard Recreation Complex th  A Taste of Italy – 10 Annual Dinner and Auction hosted by the Association of Hospital Volunteers will be held on Saturday, February 2, 2013  Bowmanville Tackle Swap and Fishing Show will be held on February 3, 2013 at the Garnet B. Rickard Recreation Complex Councillor Hooper also issued a reminder to drivers, in view of the major motor vehicle accident on Friday, to slow down and drive according to the weather conditions and to pedestrians to remember to wear visible clothing when walking at night. Councillor Neal announced the following:  He attended the Public Information Centre for the Port Darlington Waterfront Park Development and the final Public Meeting for the Zep Wind Farm on Thursday, January 24, 2013 Councillor Novak announced the following:  She attended the following events: Newcastle Lions’ Italian Night on Sunday, January 27, 2013 o th The Clarington Museum and Archives’ 5 Annual Robbie Burns Dinner o on January 26, 2013 at the Newcastle Community Hall The final Public Meeting for the Zep Wind Farm and the Public o Information Centre for the Port Darlington Waterfront Park Development on Thursday, January 24, 2013 The Large-Scale Fill Symposium hosted by the Township of Scugog on o January 25, 2013 Council Meeting Minutes - 3 - January 28, 2013  Public Information Centre for the Clarington Transportation Master Plan, hosted by the Engineering Services Department, will be held at the following times: Monday, February 4, 2013, from 6:00 p.m. to 8:00 p.m. at the Newcastle o Community Hall Wednesday, February 6, 2013 from 6:00 p.m. to 8:00 p.m. in the Council o Chambers Thursday, February 7, 2013 from 6:00 p.m. to 8:00 p.m. at the Courtice o Community Complex  “Join the Big Conversation”, a Public Roundtable Meeting, will be hosted by Metrolinx on Thursday, February 7, 2013 at the Jubilee Pavilion Banquet & Conference Centre in Oshawa  A Public Information Centre will be held on Phase 3: Draft Bowmanville/Soper Creek Watershed Plan, February 13, 2013, at the Baseline Community Centre from 6:30 p.m. to 8:30 p.m., with a presentation at 7:00 p.m. Mayor Foster announced the following:  He commented on the positive community outreach shown to those involved in the major motor vehicle accident on January 25, 2013  He extended congratulations to the Church of the Latter Day Saints for their building expansion  As the Public Roundtable Meeting, hosted by Metrolinx on Thursday, February 7, 2013, conflicts with the Public Information Centre for the Clarington Transportation Master Plan in Courtice, Mayor Foster encouraged residents to th attend the January 29 session at the Ajax Community Centre  For the Love of Art Gala will be held on February 16, 2013 at 8:00 p.m., at the Clarington Public Library, Bowmanville Branch Resolution #C-020-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council held January 14, 2013 be approved. “CARRIED” DELEGATIONS Yeatbark Aschagria addressed Council concerning Item 4 of Report #1 - Report PSD- 006-13 - Applications to Amend the Clarington Official Plan and for a Proposed Draft Plan of Subdivision to Create 42 Single Detached Dwelling Lots (West Diamond Properties Inc.). Mr. Aschagria expressed concern that the site is too small to accommodate 42 single detached homes and he is also concerned with the environmental impacts of removing trees to accommodate the development, the increase in volume of traffic and that the School Board has terminated the agreement to purchase lands for a public elementary school. Council Meeting Minutes - 4 - January 28, 2013 He feels the addition of a school would be beneficial for future generations and hopes that the Board will reconsider its decision. Walter Heeney was called but was not in attendance. Ivano De Carolis addressed Council concerning Staff Report #1 - Report PSD-010-13 - Application for Temporary Rezoning to Permit Outdoor Storage of Pre-Engineered Panels for a Maximum of Three (3) Years (ALPA Pre-Engineered Panel Systems Inc.) to provide further information in response to concerns expressed at the General Purpose and Administration Committee meeting of January 7, 2013, regarding the look of the product and the transportation of product to the subject property. Mr. De Carolis clarified the Company owns property between 17 and 45 Cigas Road which is being used to store more of their product and confirmed that the Company has investigated Ministry of Transportation regulations and are prepared to do whatever is required to provide the safe transport of the product to the site. He noted their forklifts are equipped with proper safety measures and he feels that the forklift is a much safer vehicle than a farm tractor travelling on a roadway. Mr. De Carolis stressed it is imperative that rezoning is approved in order for the company to continue to provide their product to the building industry and urged Council to approve the proposed rezoning. Marcel Provenzano addressed Council concerning (Item 7 of Report #1) - Report PSD-009-13 - Amendment No. 89 to the Clarington Official Plan to Incorporate the Courtice Main Street Secondary Plan Official Plan Review. Mr. Provenzano expressed appreciation to the residents, staff, consultants and landowners in the study area for their commitment to the process. He noted that numerous meetings were held over the past ten years to discuss the vision, studies and master plans, culminating in the release of the Courtice Main Street Secondary Plan. He stated the majority of land owners have been satisfied and that people are optimistic. Mr. Provenzano stressed the importance of adopting the Official Plan Amendment so that Courtice will be in a position to proactively respond to future opportunities that arise and encouraged Council to support the Courtice Main Street Secondary Plan and Official Plan Amendment. John Pavicic and Dale Gibbons addressed Council concerning (Item 7 of Report #1) - Report PSD-009-13 - Amendment No. 89 to the Clarington Official Plan to Incorporate the Courtice Main Street Secondary Plan Official Plan Review. Mr. Gibbons and Mr. Pavicic both spoke in support of the recommendations contained in the staff report noting extensive public consultation has taken place and stated they are looking forward to the implementation of the Plan. Council Meeting Minutes - 5 - January 28, 2013 COMMUNICATIONS Resolution #C-021-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 2, I - 3, I - 7 and I - 8. “CARRIED” I - 1 Minutes of the Clarington Agricultural Advisory Committee dated December 13, 2012 and January 10, 2013 I - 4 Minutes of the Newcastle Community Hall Board dated November 20, 2012 I - 5 George Marcello, CEO, Step by Step Organ Transplant Association, extending an invitation to Mayor Foster and Members of Council to join the Association’s efforts in helping those who need organ and tissue donations by receiving the Torch of Life or writing letters of support; indicating that during this year’s campaign - “Anthony’s Hero”, Khaled Khatib will walk 498 kilometres from Parliament Hill in Ottawa to Queen’s Park; advising that the Torch of Life will arrive in Clarington on February 19, 2013, at 11:00 a.m. and hoping that the Municipality will help promote organ and tissue donations. I - 6 The Honourable James Moore, P.C., M.P., Minister of Canadian Heritage and Official Languages, extending an invitation to all Canadians to th celebrate the 48 anniversary of Canada’s National Flag on February 13, 2013; attaching a copy of the National Flag of Canada Day poster; encouraging Members of Council to visit their website at www.canadianheritage.gc.ca/flagday to learn more about the history of the national symbol; and, providing information on how to order copies of the National Flag of Canada Day poster or other promotional material. I - 2 Minutes of the Central Lake Ontario Conservation Authority dated January 15, 2013. Resolution #C-022-13 Moved by Councillor Traill, seconded by Councillor Neal THAT the Minutes of the Central Lake Ontario Conservation Authority dated January 15, 2013 be received for information. “CARRIED” Council Meeting Minutes - 6 - January 28, 2013 I - 3 Minutes of the Clarington Older Adults Centre Board of Directors dated October 12, November 16, and November 20, 2012 and Minutes of the Clarington Older Adult Association Executive Committee, dated November 21, 2012. Resolution #C-023-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Minutes of the Clarington Older Adults Centre Board of Directors dated October 12, November 16, and November 20, 2012 and minutes of the Clarington Older Adult Association Executive Committee, dated November 21, 2012 be received for information. “CARRIED” I - 7 Kerry Meydam, Durham Environment Watch, Member, Energy-From- Waste Advisory Committee EFWAC, writing to Durham Region indicating that on November 21, 2012, Regional Council adopted a resolution to extend public consultation on the Draft Community Communications Plan to March 30, 2013, and to provide the EFWAC and EFW-WMAC with a copy of the resolution requesting a meeting schedule be developed; expressing concern that all meetings for 2013 have been scheduled at 2:00 p.m. with none being held in the evening as requested by the public groups; suggesting that there will not be sufficient time to schedule a public consultation PIC or meeting prior to the March 30th comment deadline for the Draft Community Communications Plan, expressing concern that to date, there has been no public notification or request for comment on the Draft Community Communications Plan; and, requesting that Council ensure that meaningful public consultations be allowed to take place with at least half of the meetings to be scheduled in the evening to ensure the public is given full information and adequate opportunities for consultation on this Plan and others in the future. Resolution #C-024-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the correspondence from Kerry Meydam, Durham Environment Watch, Member, Energy-From-Waste Advisory Committee (EFWAC) with respect to the EFWAC actions on the Communications Plan and the 2013 meeting schedule be received; THAT the suggestions and recommendations submitted by Kerry Meydam be endorsed; Council Meeting Minutes - 7 - January 28, 2013 THAT the Municipality of Clarington request a further extension to the March 30 th comment deadline for the Draft Community Communications Plan and that a Public Information Centre be undertaken in the evening; and THAT this resolution be forwarded to the Durham Regional Works Department. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill  Councillor Woo  Councillor Hooper  Councillor Neal  Councillor Novak  Councillor Partner  Mayor Foster  Councillor Novak stated a pecuniary interest with respect to Correspondence Item I - 8 as she is a Member of the Veridian Connections Board of Directors, and left the Council Chambers during discussion and voting on this matter. I - 8 Doug Dickerson, Chair, Veridian Corporation, providing a preliminary response to Council’s resolution regarding Veridian Board appointments; clarifying that for the period 2011-2012 Councillor Mary Novak and Erin O’Toole were directors representing Clarington on the Veridian Connections Inc. Board and that Mayor Foster does not hold a position on the Veridian Connections Inc. Board of Directors; on December 14, 2012, Erin O’Toole’s resignation was received and the Board acted responsibly and in the best interests of the Corporation by appointing Councillor Novak and Frank Stapleton, qualified and experienced directors, to the Board for the period of January 1, 2013 to December 31, 2014 to ensure Veridian is well equipped to deal with potential industry changes; and, acknowledging that the Board is committed to upholding the interests of its shareholders and that he will ensure that Council’s resolution is reviewed by the Veridian Corporation Board. Council Meeting Minutes - 8 - January 28, 2013 Resolution #C-025-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the Municipality of Clarington write to the Chair of Veridian Corporation and the other shareholders asking if any previous community appointments of any shareholder to the Veridian Board or Veridian Connections Board have been made without the name of the nominee being provided by the shareholder municipality prior to the appointment of the citizen. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal  Councillor Novak  Councillor Partner  Councillor Traill  Councillor Woo  Councillor Hooper  Mayor Foster  Councillor Novak returned to the meeting. CORRESPONDENCE FOR DIRECTION Correspondence Items D - 3 and D - 4 were received as Hand-Outs. Resolution #C-026-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Item D - 1, and Hand-out Correspondence Items D - 3 and D - 4, be approved as per the Agenda. “CARRIED” D - 1 Walter Heeney, President, Durham Down Syndrome Association (DDSA), advising DDSA is planning a series of community-based initiatives to increase awareness of Down syndrome and to celebrate World Down Syndrome Day on March 21, 2013; and, requesting Council to proclaim “World Down Syndrome Day” and to encourage staff to wear blue and yellow on March 21, 2013. (Proclaimed) Council Meeting Minutes - 9 - January 28, 2013 D - 3 Derek Baird, President, LDB Holdings Ltd., owner of properties 1589 to 1603 Highway 2, properties within the Courtice Main Street Study area; indicating support for the Corridor Study; and, suggesting the study be finalized expeditiously. (Advised of actions taken with respect to Report PSD-009-13) D - 4 David and Cindy Bosy residents of Highway 2 and business owners expressing support for the Courtice Main Street Official Plan as they believe the plan is well thought out and meets all the needs of the community and do not want to see the plan delayed. (Advised of actions taken with respect to Report PSD-009-13) D - 2 Clarington Heritage Committee advising Council that on January 15, 2013, the Heritage Committee adopted the following resolution and requesting Council’s endorsement: “WHEREAS the second Phase of the 407 East Extension is scheduled to be fully completed by 2020 and further it is to be constructed in two sub- phases of Harmony to the East Link at Taunton and then the East Link to 35/115 with anticipated completion dates of 2017 and 2020 respectively, and WHEREAS Clarington Heritage Committee has concern for the heritage buildings that are to be displaced as part of the construction process and are fully aware of the time required by the potential bidders to acquire the necessary services and meet the conditions for a successful move of such a structure; and WHEREAS the limited time frame MTO allocated for advertising the sale and the relocation of heritage structures in the first Phase; NOW THEREFORE BE IT RESOLVED THAT: The Municipality of Clarington requests that the Minister and Ministry of Transportation take all necessary steps to ensure that the sale of heritage buildings deemed relocatable, from the 407 right of way in Clarington, begin in Spring 2013 and continue for 6 months. And further, that a two year timeframe be allowed, post-award, to relocate any such buildings, and that the Ministry provide incentives to aid in the purchase and relocation costs of these valued heritage resources.” Council Meeting Minutes - 10 - January 28, 2013 Resolution #C-027-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution of the Clarington Heritage Committee, with respect to the Highway 407 East Extension, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 21, 2013 Resolution #C-028-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of January 21, 2013 be approved, with the exception of Item #14. “CARRIED” Item 14 Resolution #C-029-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Report CAO-001-13 be received; THAT Council endorse the Terms of Reference for the Sustainable Clarington Community Advisory Committee (Attachment 1 to Report CAO-001-13), as amended to include seven community non-elected members, the Mayor, and a Member of Council; THAT both the Mayor and Member of Council shall sit as ex-officio members with no voting rights; THAT the Municipality proceed to advertise for Clarington resident’s interest in public appointment to the seven (7) member Committee; and THAT the members of the Living Green Community Advisory Committee be advised of Council’s decision about this new Committee. “CARRIED” Council Meeting Minutes - 11 - January 28, 2013 STAFF REPORT(S) Report PSD-010-13 - Application for Temporary Rezoning to Permit Outdoor Storage of Pre-Engineered Panels for a Maximum of Three (3) Years (ALPA Pre- Engineered Panel Systems Inc.) Resolution #C-030-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Report PSD-010-13 be received; THAT the application for proposed Zoning By-law Amendment under Section 39 (Temporary Use Provision) of the Planning Act submitted by Alpa Pre-engineered Panel Systems Inc. to change the zoning to permit the temporary outdoor storage of pre-engineered panels for a maximum of three (3) years be approved; THAT the by-law to change the Zoning By-Law contained in Attachment 3 to Report PSD-010-13 be passed; THAT a By-law be forwarded to Council for removal of the Holding (H) symbol upon execution of the Site Plan Agreement; and THAT all interested parties listed in Report PSD-010-13 and any delegations be advised of Council's decision. “CARRIED” BUSINESS ARISING FROM PROCEDURAL NOTICE(S) OF MOTION Resolution #C-031-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the following recommendation approved by Council on January 14, 2013 by resolution #C-010-13 be reconsidered: “THAT Report CLD-001-13 be received; THAT the following three applicants be appointed to the Newcastle Village Community Hall Board for a two-year term ending December 31, 2014: Shirley Rogers Sierd de Jong Peter de Jong Council Meeting Minutes - 12 - January 28, 2013 THAT Linda Franssen be thanked for her contribution to the Newcastle Village Community Hall Board; THAT Dave Eastman be appointed as an alternate to the Newcastle Village Community Hall Board; and THAT all interested parties listed in Report CLD-001-13 be advised of Council’s decision.” “CARRIED” Resolution #C-032-13 Moved by Councillor Woo, seconded by Councillor Partner THAT Report CLD-001-13 be received; THAT the following three applicants be appointed to the Newcastle Village Community Hall Board for a two-year term ending December 31, 2014: Shirley Rogers Sierd de Jong Peter de Jong THAT Linda Franssen be thanked for her contribution to the Newcastle Village Community Hall Board; and THAT all interested parties listed in Report CLD-001-13 be advised of Council’s decision.” “CARRIED” UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS Resolution #C-033-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-004 to 2013-009; 2013-004 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle [668390 Ontario Ltd. (Kaitlin Group)] Council Meeting Minutes - 13 - January 28, 2013 2013-005 Being a by-law to adopt Amendment No. 89 to the Clarington Official Plan 2013-006 Being a by-law to provide for the Tariff of Rates for 2013 and 2014, maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington 2013-007 Being a by-law to establish certain lands as public highways 2013-008 Being a by-law to amend By-law 2004-253 to provide for Civil Marriage Services to be Offered by the Municipality of Clarington 2013-009 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (ALPA Pre-Engineered Panel Systems Inc.); and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Councillor Neal requested that future public information sessions, etc. be held at accessible locations. Councillor Novak stated a pecuniary interest earlier in the meeting, refrained from voting on the Confirming By-law, and left the meeting. CONFIRMING BY-LAW Resolution #C-034-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-010, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held th on the 28 day of January, 2013; and THAT the said by-law be approved. “CARRIED” Council Meeting Minutes - 14 - January 28, 2013 ADJOURNMENT Resolution #C-035-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 8:51 p.m. "CARRIED" MA YOy MU CLERK