HomeMy WebLinkAbout10-11-2016Council
Minutes
October 11, 2016
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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
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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.
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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.
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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
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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;
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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
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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.
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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
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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)
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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)
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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