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HomeMy WebLinkAbout10-11-2016Council Minutes October 11, 2016 - 1 - Minutes of a regular meeting of Council held on October 11, 2016, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor C. Traill, Councillor W. Woo Regrets: Councillor W. Partner Staff Present: C. Clifford, A. Allison, T. Cannella, J. Caruana, F. Horvath, F. Langmaid, M. Marano, N. Taylor, 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 Hooper 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 Staff Report Item 11.2 and Item 2 of the General Government Committee Report. Councillor Neal indicated that he would be declaring an interest with respect to Item 5 of the Planning & Development Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Resolution #C-240-16 Moved by Councillor Hooper, seconded by Councillor Neal That the Rules of Procedure be suspended to allow for the addition of a delegation. Carried Resolution #C-241-16 Moved by Councillor Hooper, seconded by Councillor Neal That Andy Brown be permitted to address Council concerning a development application by Bowmanville Village Inc., now Wealthpower Land Development, pre- hearing conference before the Ontario Municipal Board. Carried Council Minutes October 11, 2016 - 2 - 5 Adoption of Minutes of Previous Meeting Resolution #C-242-16 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of Council September 19, 2016, be approved. Carried 6 Presentations There were no Presentations scheduled for this meeting. 7 Delegations Andy Brown addressed Council concerning a development application by Bowmanville Village Inc., now Wealthpower Land Development, pre-hearing conference before the Ontario Municipal Board scheduled for October 19, 2016. Mr. Brown stated area residents are concerned with the height of the buildings, the location of the townhomes, and the effect on the environmentally sensitive land. Mr. Brown confirmed that a number of residents have raised these concerns and spoke at previous meetings; however, there is an Ontario Municipal Board pre-hearing conference scheduled for October 19, 2016, and he is now asking for their issues to be brought forward to the Municipal Solicitor so that the residents’ issues can be merged together with the Municipal submission. Mr. Brown referred to Council’s previous decision to have a number of issues resolved regarding the previous plan. He noted there has been a second and third submission but the same issues remain and the residents feel their concerns have been ignored. Mr. Brown reiterated the residents’ concerns with respect to the location of the townhomes adjacent to the existing single detached properties, the grading of lots backing onto Buttonshaw Street and Buxton Lane, the height of the proposed dwellings, the issue of shadowing, protection of the drumlin, valley and sloped area and the construction traffic including safety, speed, noise and dust. Mr. Brown requested that the concerns be addressed before the proposed development is approved. Resolution #C-243-16 Moved by Councillor Neal, seconded by Councillor Hooper That the delegation of Andy Brown, concerning a development application by Bowmanville Village Inc., now Wealthpower Land Development, be referred to staff. Carried 8 Communications – Receive for information There were no Communications to be received for information. Council Minutes October 11, 2016 - 3 - 9 Communications – Direction There were no Communications for direction. 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 13, 2016 Resolution #C-244-16 Moved by Councillor Traill, seconded by Councillor Woo That the Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 13, 2016, be received for information. Carried General Government Committee Report of September 26, 2016 Resolution #C-245-16 Moved by Councillor Traill, seconded by Councillor Woo That the recommendations contained in the General Government Committee Report of September 26, 2016 be approved, on consent, with the exception of items #2, #6, #12, and #13. Carried Councillor Hooper declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 2 of the General Government Committee Report, as he owns a business in downtown Bowmanville and left the Council Chambers during discussion and voting on this matter. Council Minutes October 11, 2016 - 4 - Item 2 - Garth Gilpin, Secretary-Treasurer, Bowmanville Business Improvement Area Board of Management – Purchase of Lamp Post Banners and the Installation and Removal of Lighted Winter Snowflakes Resolution #C-246-16 Moved by Councillor Neal, seconded by Councillor Cooke That Communication Item 9.1, the request from the Bowmanville Business Improvement Area Board of Management to be issued $5000 of funds held in trust for the Bowmanville BIA for the purchase of lamp post banners and the installation and removal of the lighted winter snowflakes, be approved. Carried Councillor Hooper returned to the meeting. Item 6 - Mill Street South Pedestrian Facility Resolution #C-247-16 Moved by Councillor Woo, seconded by Councillor Traill That Report EGD-036-16 be received; That a 1.5-metre-wide pedestrian facility be constructed on the west side of Mill Street South, as detailed in Report EGD-036-16; That traffic calming measures and road safety improvements be implemented as noted in Section 1.3 of EGD-036-16; That additional funding in the amount of $320,000 for these improvements be included in the 2017 Capital Budget; That staff budget approximately $5,250 annually for snow clearing on Mill Street South; and Council Minutes October 11, 2016 - 5 - That all interested parties listed in Report EGD-036-16 and any delegations be advised of Council’s decision. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Councillor Traill √ Mayor Foster √ Item 12 - Outdoor Community Skating Rinks Resolution #C-248-16 Moved by Councillor Traill, seconded by Councillor Woo That Report OPD-009-16 be referred back to staff for a report on how residents can utilize this policy while protecting the residents and the Municipality. Carried Item 13 - Approval of Regional Municipality of Durham Owned Property Located at 1998 Regional Road 57, in the Municipality of Clarington, as the Preferred Site to Establish a Municipal Hazardous and Special Waste Facility Resolution #C-249-16 Moved by Councillor Woo, seconded by Councillor Hooper Whereas the Municipality of Clarington’s highest priority is that the municipal household hazardous waste facility be sited in an appropriate area; Whereas the Municipality of Clarington supports a waste management strategy that emphasizes reusing, reducing and recycling to minimize adverse impacts to the environment; Whereas Clarington is underserviced by the Region’s existing waste management facilities to support waste diversion; Whereas, in the view of the Municipality of Clarington, the proposed site is deficient for a variety of reasons; Whereas the Municipality of Clarington continues to believe that other sites and options in Clarington are available; Council Minutes October 11, 2016 - 6 - Now therefore be it resolved that Report OPD-010-16 be received; That the Municipality requests that the Region fulfil the following: • The Municipal Site Plan process for development of the MHSW site and any future amendments by adherence to the policies and urban design standards including interior storage of materials for the MHSW; • The preparation of, maintenance and adherence to an Emergency Management Plan, approved by Clarington Emergency and Fire Services prior to commencement of site operations; That should traffic matters relating to operations become an issue, that site traffic management be revisited with Clarington Engineering Services; That the time limit for the establishment of the MHSW site in the Host Community Agreement be extended to October 1, 2017; and That all interested parties be notified of Council’s decision. Carried Planning & Development Committee Report of October 3, 2016 Resolution #C-250-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of October 3, 2016 be approved, on consent, with the exception of item #5. Carried Councillor Neal declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 5 of the Planning & Development Committee Report, as it relates to his law practice and left the Council Chambers during discussion and voting on this matter. Item 5 - Implementation of the Courtice Main Street Secondary Plan – Draft Zoning By-law Resolution #C-251-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report PSD-057-16 be received; That Staff consider the comments received at the Public Meeting in the further processing of the Zoning By-law Amendment to implement the Courtice Main Street Secondary Plan; and Council Minutes October 11, 2016 - 7 - That all interested parties listed in Report PSD-057-16 and any delegations be advised of Council’s decision. Carried Councillor Neal returned to the meeting. 11 Staff Reports LGL-006-16 – Clarington Museum and Archives Board Resolution #C-252-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report LGL-006-16 be received; That Council pass the by-law attached to Report LGL-006-16 (Attachment 6) to amend the current Clarington Museum and Archives Board By-law No. 2012-093, as amended to delete 1a)i) and replace it with “5 public representatives at large”, and to delete item 1a)ii); That staff be directed to explore the possibility of the Museum Board amalgamating with the Library Board; and That the Clarington Museum and Archives Board Members and the Clarington Library Board be advised of Council’s decision. Carried later in the meeting Resolution #C-253-16 Moved by Councillor Hooper, seconded by Councillor Cooke That Council recess for ten minutes. Carried The meeting reconvened at 8:25 PM. The foregoing Resolution #C-252-16 was then put to a vote and carried. Verbal Report – Wilmot Creek OMB Appeal Councillor Hooper declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 11.2 – Verbal Report – Wilmot Creek OMB Appeal, as a member of his family owns property in Wilmot Creek and left the meeting during discussion and voting on this matter. Council Minutes October 11, 2016 - 8 - Resolution #C-254-16 Moved by Councillor Neal, seconded by Councillor Traill THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter dealing with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Carried The meeting reconvened in open session at 8:47 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 no resolutions were passed. (See Section 11.2 Staff Reports later in the meeting) 12 Business Arising from Procedural Notice of Motion This Section of the Agenda is considered later in the meeting. 13 Unfinished Business CLD-024-16 - Appointment to the Clarington Museum and Archives Board Resolution #C-255-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report CLD-024-16 be lifted from the table. Carried Resolution #C-256-16 Moved by Councillor Cooke, seconded by Councillor Neal That Report CLD-024-16 be received; That Grant Taullie Thompson be thanked for his contribution to the Clarington Museums and Archives Board; and That all interested parties listed in Report CLD-024-16 be advised of Council’s decision. Carried Council Minutes October 11, 2016 - 9 - Resolution #C-257-16 Moved by Councillor Neal, seconded by Councillor Traill That the Order of the Agenda be altered to consider Item 15.1 at this time. Carried 12. Business Arising from Procedural Notice of Motion 12.1 Amendment to the Procedural By-law to Permit Recorded Votes at Committee/Local Board Meetings Resolution #C-258-16 Moved by Councillor Neal, seconded by Councillor Traill Whereas the Council of the Municipality of Clarington deems it necessary to change the existing practice which prohibits recorded votes at Committee meetings; And Whereas Section 246(1) of the Municipal Act, as amended, provides that: If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote; And Whereas Section 10.13.10 of the Municipality of Clarington’s Procedural By-law states that “a Recorded Vote shall not be in order at Committee meetings”; Now therefore be it resolved that the Municipality of Clarington’s Procedural By-law be amended as follows: Section 10.13.10 be deleted and replaced with the following words: “A Recorded Vote shall be in order at Council, Committee and Local Board meetings, and may be requested immediately before or after the taking of the vote. Section 10.13.11 be amended by deleting the word “Council”. Carried as amended (See following motion) Council Minutes October 11, 2016 - 10 - Resolution #C-259-16 Moved by Councillor Traill, seconded by Councillor Woo That the foregoing Resolution #C-258-16 be amended to add: “That the resolution be circulated to area municipalities.” Carried The foregoing Resolution #C-258-16 was then put to a vote and carried as amended. 11.2 Staff Reports (cont’d) 11.2 Verbal Report – Wilmot Creek OMB Appeal Councillor Hooper declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 11.2 – Verbal Report – Wilmot Creek OMB Appeal, as a member of his family owns property in Wilmot Creek and left the meeting during discussion and voting on this matter. Resolution #C-260-16 Moved by Councillor Traill, seconded by Councillor Woo That, on the basis of the commitments set out in a letter from Rice Development Corp. dated October 6, 2016, the Municipality supports the Clarington Official Plan Amendment filed by Rice Development Corp. (COPA 2003-12); and That the Municipal Solicitor be instructed to so advise the Ontario Municipal Board and take all steps necessary to facilitate the Board’s approval of the amendment. Carried Councillor Hooper returned to the meeting. 14 By-laws Resolution #C-261-16 Moved by Councillor Cooke, seconded by Councillor Neal That leave be granted to introduce By-laws 2016-077 to 2016-082 14.1 2016-077 Being a By-law to authorize the appointment of ADR Chambers Mediators and Arbitrators as the Ombudsman for the Municipality of Clarington (Municipal Ombudsman) (Item 8 of the General Government Committee Report) Council Minutes October 11, 2016 - 11 - 14.2 2016-078 Being a By-law to close and authorize the transfer part of the original road allowance Victoria Street, Plan Grant, Bowmanville, between Duke Street and Ontario Street, being Part 1 on 40R-29342, Municipality of Clarington (Item 10 of the General Government Committee Report) 14.3 2016-079 Being a by-law to amend by-law 74-38, being a by-law to authorize participation in the Ontario Municipal Employee Retirement System (OMERS) (Item 14 of the General Government Committee Report) 14.4 2016-080 Being a by-law to delegate the approval of Site Plan Applications for agricultural and residential buildings and structures to the Manager of Development Approvals (Item 6 of the Planning & Development Committee Report) 14.5 2016-081 Being a by-law to amend Clarington Museum and Archives Board By-law 2012- 093 (Staff Report 11.1); and 14.6 2016-082 Being a by-law to amend By-law 2015-029, a by-law to govern the proceedings of the Council of the municipality of Clarington, its General Government Committee, its Planning and Development Committee, and Special Committees, regarding recorded votes at Committee meetings; and That the said by-laws be approved. Carried 15 Procedural Notices of Motion This Section of the Agenda was dealt with earlier in the meeting. 16 Other Business There was no other business considered under this Section of the Agenda. 17 Confirming By-law Resolution #C-262-16 Moved by Councillor Cooke, seconded by Councillor Neal That leave be granted to introduce By-law 2016-083, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 11th day of October, 2016; and That the said by-law be approved. Carried