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HomeMy WebLinkAbout05-24-2016 Council Minutes May 24, 2016 Minutes of a regular meeting of Council held on May 24, 2016, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: F. Wu, G. Acorn, A. Allison, T. Cannella, C. Carr, D. Crome, F. Horvath, M. Marano, G. Weir, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Partner led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Hooper indicated that he would be declaring an interest with respect to Item 3 of the Planning & Development Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-127-16 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council May 2, 2016, be approved. Carried - 1 - Council Minutes May 24, 2016 6 Presentations Mayor Foster presented Certificates of Recognition to the following members of the Tyke 1 Clarington Gaels for winning the 2015 Field Lacrosse Championship, the Lacrosse Box Championship and the Ontario Provincials: Jack Bosomworth, Hudson Armstrong, Matthew Souter, Quartez Walker-Welch, Braeden Couture, Jarron Crosbie, Owen Vivian, Connor Broley, Parker Robbins, Shaydon Cannon, Trenton Bonneveld, Foster Buchner, Caden Allenby, Ethan Baker, Calvin Dickinson, and to the following coaches, trainers and managers: Kevin Vivian, Coach, Matt Armstrong, Assistant Coach, Jay Cannon, Assistant Coach, Brandon Baker, Trainer, and Adam Bonneveld, Manager. Mayor Foster also recognized Zachary Clarke, team member and Jason Crosbie, Assistant Coach, who were not in attendance. Michael Angemeer, President and CEO, Veridian Corporation, presented a cheque to the Municipality in the amount of $20,000 resulting from completion of energy saving projects at the Alan Strike Aquatic and Squash Centre as part of the Energy Retrofit Incentives through the “saveONenergy” Retrofit Program. Mr. Angemeer introduced Veridian representatives Kirsten Hutka, Key Account Representative and James Glasspool, Energy Manager. Mr. Angemeer stated the energy savings projects will result in an estimated savings of approximately 80,000 kilowatt hours and an annual energy cost savings of approximately $10,000. Mr. Angemeer thanked Council and staff for working with Verdian stating he looks forward to assisting the Municipality with future energy savings. Mayor Foster presented cheques in the amount of $22,129.60 to James Campbell and Craig Ryan, Visual Arts Centre and to Ann Harley, A Gift of Art, representing the proceeds of the Mayor’s Gala – For the Love of Art. 7 Delegations Bill Peeters addressed Council concerning Item 4 of the Planning and Development Committee Report – Report PSD-038-16 – Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice. Mr. Peeters stated he resides at 3124 Tooley Road and is speaking for many concerned residents of Tooley Road. He indicated the proposed Zoning By-law amendment was designed to maintain the character of the existing streetscape on Tooley Road and expressed concern with the special exception brought forward at last week’s Planning & Development Committee meeting for one area resident. Mr. Peeters noted that residents of Tooley Road were not provided with prior notice and questioned how such a request could be entertained. Mr. Peeters feels this is a matter of fairness and transparency and that the resident should be required to apply to the Committee of Adjustment for a variance. Mr. Peeters requested Council to listen to the concerns of area residents and to do what is ethically right. - 2 - Council Minutes May 24, 2016 In response to question, Mr. Peeters stated he would concur with a referral to the Committee of Adjustment. Hannu Halminen addressed Council concerning Item 4 of the Planning and Development Committee Report – Report PSD-038-16 – Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice. Mr. Halminen stated he was speaking on behalf of at least one resident of Tooley Road and his company who has a development interest on the east side of Tooley Road. Mr. Halminen stated he does not disagree in principle with the proposed Zoning By-law amendment, and that the 17 metre frontage is not an issue. Through use of a map on display, Mr. Halminen questioned the rationale for adjusting the Environmental Protection (EP) zone to be in line with the R1 Zone. He pointed to a section on the map which currently would allow residents on the east side of Tooley Road to sever their lots if they had the required frontages; however, he stated the adjustment would devalue those properties as there would not be enough frontage remaining to build a house. Mr. Halminen noted most of the properties are infill lots that already have the zoning to permit development but that there won’t be any revenue generated on the east side because it will be all greenbelt. Mr. Halminen requested that the zoning map as shown attached to the proposed by-law delete the change from R1 to EP zone and remain as is on the east side of Tooley Road. Resolution #C-128-16 Moved by Councillor Partner, seconded by Councillor Woo That the Order of the Agenda be altered to consider Item 4 of the Planning & Development Committee Report at this time. Carried 10.3 Planning & Development Committee Report of May 16, 2016 Item 4 – Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Resolution #C-129-16 Moved by Councillor Neal, seconded by Councillor Traill That Report PSD-038-16 be received; That the Zoning By-law Amendment be approved as contained in Attachment 1 of Report PSD-038-16; That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-038-16 and Council's decision; and - 3 - Council Minutes May 24, 2016 That all interested parties listed in Report PSD-038-16 and any delegations be advised of Council’s decision. Motion lost on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ Resolution #C-130-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report PSD-038-16 be received; That the Zoning By-law Amendment be approved as contained in Attachment 1 of Report PSD-038-16 with the exception that the southerly 14.8 metres of the lot at 4270 Tooley Road be zoned with a special exception permitting a minimum interior lot frontage of 14.5 metres but containing all other provisions of the R1-95 zone; That the Durham Regional Planning and Economic Development Department be forwarded a copy of Report PSD-038-16 and Council's decision; and That all interested parties listed in Report PSD-038-16 and any delegations be advised of Council’s decision. Referred to staff (See following motions) Resolution #C-131-16 Moved by Councillor Traill, seconded by Councillor Neal That the foregoing Resolution #C-130-16 be divided to vote separately “on the special exception to the southerly 14.8 metres of the lot at 4270 Tooley Road” portion of the second paragraph from the remainder of the motion. Carried - 4 - Council Minutes May 24, 2016 Resolution #C-132-16 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-130-16 be referred back to the Director of Planning Services to consult with Norma and Ronald Blaauw and/or their representative to determine if there is any substance to their situation and whether they should be provided with a special exception on the EP Zone. Carried 9.2Michael Fry, Planning Manager, D. G. Biddle & Associates Limited – Municipally-initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice 9.3 Norma and Ronald Blaauw - – Municipally-initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice 9.4 Norma and Ronald Blaauw - – Municipally-initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Resolution #C-133-16 Moved by Councillor Cooke, seconded by Councillor Neal That correspondence item 9.2 from Michael Fry, Planning Manager, D. G. Biddle & Associates Limited and correspondence items 9.3 and 9.4 from Norma and Ronald Blaauw, with respect to Municipally-initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice, be referred to the Director of Planning Services for consideration in the preparation of a subsequent report pertaining to Report PSD-038-16. Carried 8 Communications – Receive for Information There were no Communications to be received for information. 9 Communications – Direction Correspondence items 9.2, 9.3 and 9.4 were considered earlier in the meeting. - 5 - Council Minutes May 24, 2016 Wayne Fairbrother – Templeton Menninga LLP - Addendum to Report PSD-033-16 – Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clark Part Lot 1, Concession 1 in the former Township of Clarke Resolution #C-134-16 Moved by Councillor Partner, seconded by Councillor Woo That correspondence item 9.1 from Wayne Fairbrother – Templeton Menninga LLP, with respect to Addendum to Report PSD-033-16 – Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clarke Part Lot 1, Concession 1 in the former Township of Clarke, be referred for consideration under Unfinished Business 13.1. Carried 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated May 12, 2016 Resolution #C-135-16 Moved by Councillor Cooke, seconded by Councillor Hooper That 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated May 12, 2016 be received for information. Carried General Government Committee Report of May 9, 2016 Resolution #C-136-16 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of May 9, 2016 be approved, on consent, with the exception of items #1(k), #5, and #7. Carried - 6 - Council Minutes May 24, 2016 Item 1(k) – CLD-018-16 – Recording of “Declaration of Interest” in Minutes Resolution #C-137-16 Moved by Councillor Neal, seconded by Councillor Partner That declarations be recorded in the minutes as “a declaration of interest under the Municipal Conflict of Interest Act”. Carried Item 5 was pulled by Councillor Neal to be decided on by a recorded vote. Item 5 - Amanda Gubbels, Clerk/Deputy Administrator, Township of Warwick – Physician Recruitment That the following Municipality of Bluewater resolution, endorsed by the Township of Warwick, regarding Physician Recruitment, be endorsed by the Municipality of Clarington: Whereas Ontario's growing and aging population is putting an increasing strain on our publicly-funded health care system; And Whereas since February 2015, the Ontario government has made an almost 7% unilateral cut to physician services expenditures which cover all the care doctors provide to patients - including cuts to programs which are specifically designed to act as incentives for physicians to practice in rural areas; And Whereas the decisions Ontario makes today will impact patients' access to quality care in the years to come and these cuts will threaten access to the quality, patient-focused care Ontarians need and expect; And Whereas Ontario in experiencing a growing rural population as retirees move to the countryside; And Whereas many rural municipalities in Ontario have formed physician recruitment and retention committees and strategies to deal with the reality of physician retirements and shortages; And Whereas rural areas in Ontario are already at a distinct disadvantage in recruiting family physicians due to a number of factors; Now Therefore Be It Resolved that the Council of the Municipality of Bluewater hereby requests that the Minister of Health and Long Term Care reinstate incentives for physicians to practice in rural areas of Ontario, and that the minister return to the table with Ontario's doctors and work together through mediation-arbitration to reach a fair deal that protects the quality, patient-focused care Ontario families deserve; and - 7 - Council Minutes May 24, 2016 That copies of this resolution be sent to the Premier of Ontario, the federal and provincial Ministers of Health, the Ontario College of Physicians and Surgeons, Municipality of Bluewater and Township of Warwick. Motion Withdrawn Resolution #C-138-16 Moved by Councillor Cooke, seconded by Councillor Neal That the resolution of the Municipality of Bluewater resolution, endorsed by the Township of Warwick, regarding Physician Recruitment, be received for information. Motion lost on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Mayor Foster √ Resolution #C-139-16 Moved by Councillor Woo, seconded by Councillor Traill That the following Municipality of Bluewater resolution, endorsed by the Township of Warwick, regarding Physician Recruitment, be endorsed by the Municipality of Clarington: Whereas Ontario's growing and aging population is putting an increasing strain on our publicly-funded health care system; And Whereas since February 2015, the Ontario government has made an almost 7% unilateral cut to physician services expenditures which cover all the care doctors provide to patients - including cuts to programs which are specifically designed to act as incentives for physicians to practice in rural areas; And Whereas the decisions Ontario makes today will impact patients' access to quality care in the years to come and these cuts will threaten access to the quality, patient-focused care Ontarians need and expect; And Whereas Ontario in experiencing a growing rural population as retirees move to the countryside; - 8 - Council Minutes May 24, 2016 And Whereas many rural municipalities in Ontario have formed physician recruitment and retention committees and strategies to deal with the reality of physician retirements and shortages; And Whereas rural areas in Ontario are already at a distinct disadvantage in recruiting family physicians due to a number of factors; Now Therefore Be It Resolved that the Council of the Municipality of Bluewater hereby requests that the Minister of Health and Long Term Care reinstate incentives for physicians to practice in rural areas of Ontario, and that the minister return to the table with Ontario's doctors and work together through mediation-arbitration to reach a fair deal that protects the quality, patient-focused care Ontario families deserve; and That copies of this resolution be sent to the Premier of Ontario, the federal and provincial Ministers of Health, the Ontario College of Physicians and Surgeons, Municipality of Bluewater and Township of Warwick. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ Item 7 – Lambs Lane Reconstruction Public Information Centre Resolution #C-140-16 Moved by Councillor Hooper, seconded by Councillor Cooke That Report EGD-024-16 be received; and That all interested parties listed in Report EGD-024-16 and any delegations be advised of Council’s decision. Carried Planning & Development Committee Report of May 16, 2016 Item 4 was considered earlier in the meeting. - 9 - Council Minutes May 24, 2016 Councillor Hooper declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 3 of the Planning & Development Committee Report as a member of his family owns property directly across from the subject property and left the Council Chambers during discussion and voting on this matter. Item #3 – An Application by Veltri and Son Limited to Permit the Creation of One Single Detached Dwelling lot on Borland Court, Bowmanville Resolution #C-141-16 Moved by Councillor Neal, seconded by Councillor Traill That Report PSD-037-16 be received; That the Zoning By-law amendment application submitted by Veltri and Son Limited be approved as contained in Attachment 1 to Report PSD-037-16; That a by-law to remove the (H) Holding Symbol be forwarded to Council once all the requirements of the Clarington Official Plan are satisfied including a clearance letter from the Region of Durham regarding site contamination; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-037-16 and Council’s decision; and That all interested parties listed in Report PSD-037-16 and any delegations be advised of Council’s decision. Carried Councillor Hooper returned to the meeting. Resolution #C-142-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in items 1 and 2 of the Planning & Development Committee Report of May 16, 2016 be approved, on consent. Carried 11 Staff Reports There were no Staff Reports considered under this Section of the Agenda. 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion introduced under this Section of the Agenda. - 10 - Council Minutes May 24, 2016 13 Unfinished Business Addendum to Report PSD-033-16 – Extension to Draft Approval for 19 Estate Residential Lots by Michael and Cathy Clarke, Part Lot 1, Concession 1 in the former Township of Clarke Resolution #C-143-16 Moved by Councillor Woo, seconded by Councillor Partner That Report PSD-033-16 be received; That Addendum to Report PSD-033-16 be received; That extension to Draft Approval for 18T-89007 be supported subject to the Conditions as contained in Attachment 2 to Report PSD-033-16 and that no further extensions be granted; That the Durham Regional Planning and Economic Development Department, Municipality of Port Hope and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-033-16 and the Addendum Report to PSD-033-16 and Council’s decision; and That all interested parties listed in Report PSD-033-16 and the Addendum Report to PSD-033-16 and any delegations be advised of Council's decision. Carried Confidential Report PSD-041-16 – Regarding Potential Property Purchase Resolution #C-144-16 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a proposed or pending acquisition or disposition of land by the municipality or local board. Carried The meeting reconvened in open session at 9:03 pm. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and one resolution was passed on a procedural matter. - 11 - Council Minutes May 24, 2016 Resolution #C-145-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report PSD-041-16 be received; That the property identified as 1350 Courtice Road, Courtice, Ontario and being more particularly described as Part of Lot 29, Concession 1 Darlington and Part of Lot 30, Concession 1, Darlington as in N133646, Municipality of Clarington, Regional Municipality of Durham identified as the “GO Station Property” and “Future Road” on Attachment 1 to PSD-041-16 be acquired for the purchase price of $2,742,400.00, subject to adjustments; That the purchase be divided into two parts as described in the two Purchase Agreements (Attachments 2 and 3), that is the “Future Road” of approximately 3.69 acres for the land required for an east-west road through the length of the property from Courtice Road to the eastern boundary of the property and “GO Station Property” of approximately 30.59 acres being that area abutting the south side of the new road extending to the southern boundary of the property; That the funds for the purchase of the properties and any associated costs, be charged to the Strategic Capital Reserve Fund with the costs of the purchase to be recovered from Metrolinx at a future date ; That Mayor and the Clerk, on behalf of the Municipality, be authorized to execute the Agreements to acquire the property; and That Staff be directed to take all necessary actions to complete the transaction. Carried later in the meeting (See following motions) Resolution #C-146-16 Moved by Councillor Neal, seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-145-16 a second time. Motion lost - 12 - Council Minutes May 24, 2016 The foregoing Resolution #C-145-16 was then put to a vote and carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Mayor Foster √ 14 By-laws By-law 2016-050 was withdrawn due to Item 4 of the Planning & Development Committee Report being referred to the Director of Planning Services. Resolution #C-147-16 Moved by Councillor Cooke, seconded by Councillor Neal That leave be granted to introduce By-law 2016-049 2016-049 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Veltri and Son) (Item 3 of the Planning & Development Committee Report); and That the said by-law 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 discussed the results of the Ambient Air Monitoring Report for 2015 and the increase in PM2.5 emissions and decreased air quality over 2013 and 2014 values resulting from what he believes to be the operation of the Energy-from-Waste incinerator. He suggested that Council keep a focus on the values for 2016. - 13 - Council Clarington Minutes May 24, 2016 17 Confirming By-Law Resolution #C-148-16 Moved by Councillor Cooke, seconded by Councillor Neal That leave be granted to introduce By-law 2016-051, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 24th day of May, 2016; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-149-16 Moved by Councillor Partner, seconded by Councillor Traill That the eeting adjourn at 9:27 PM. Carried May6 Municipal Clerk - 14 -