HomeMy WebLinkAbout2019-05-21 MinutesCouncil
Minutes
May 21 , 2019
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Minutes of a regular meeting of Council held on May 21, 2019, at 7:00 PM, in the
Council Chambers.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill until
9:22 PM, Councillor M. Zwart
Staff Present: A. Allison, T. Cannella until 9:10 PM, J. Caruana until 9:10 PM,
F.Horvath, M. Marano until 9:10 PM, R. Maciver, T. Pinn,
M.Seaman until 9:10 PM, G. Weir until 9:10 PM, A. Greentree,
M.Chambers
Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
Moment of Reflection
Councillor Jones led the meeting in a moment of reflection.
Declaration of Interest
Councillor Neal declared an indirect interest in Item 32 of the General Government
Committee Report regarding the grant application request for Autism Home Base
Durham and (Application #19-23).
Announcements
Members of Council announced upcoming community events and matters of community
interest.
Members of Council thanked Joe Caruana, the Director of Community Services, for his
dedication, hard work and wished him all the best in his retirement.
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Adoption of Minutes of Previous Meeting
Resolution #C-181-19
Moved by Councillor Traill seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on April 29, 2019, be
approved; and
That the minutes of the special meeting of the Council held on May 1, 2019, be
approved.
Carried
Alter the Agenda
Resolution #C-182-19
Moved by Councillor Jones seconded by Councillor Traill
That the Agenda be altered to consider the Delegation portion of the Agenda at this
time.
Carried
7.1 Ibi Biesenthal, PI Tool Limited, was present regarding Report EGD-009-19,
Servicing of Industrial Lands in South Courtice – Courtice Court (Item 7 of the
General Government Committee Report). She made a verbal presentation to
accompany an electronic presentation. Ms. Biesenthal explained to the Members
of Council that she is representing business owners of the Courtice Industrial Park.
She noted that there are currently two business looking to expand and three
businesses from the Toronto area that have chosen to move into the area since
2018. Ms. Biesenthal feels that these businesses moving into Clarington will bring
significant tax revenue. She continued by thanking the Clarington Board of Trade
for all of their work to assist the existing business owners and new business
owners coming into the area. Ms. Biesenthal explained that the Business Group
was disappointed after the May 6, 2019 Committee meeting as they felt the
Members of Council knew very little about a group of businesses that have been in
this area for over 40 years. She explained that 41 years ago lots were being sold
in Courtice Industrial Park and at that time there was no water, sewer or natural
gas available. Ms. Biesenthal explained that they now have natural gas but are
still waiting for water and sewer services. She stating that several of the
businesses have plans to expand, but these plans are on hold due to the lack of
services. Ms. Biesenthal added that there have been issues with water supplies in
the wells since construction starting in this area in 2018. She noted that she feels
this is a desirable location for businesses and would be even more desirable is
these services were available. Ms. Biesenthal concluded by asking the Members
of Council to assist this group of businesses. She thanked Members of Council
and Staff and answered questions.
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7.2 Richard Ward was present regarding Confidential Report LGL-004-19, Richard
Ward Regarding Flooding in Kendal (Item 1n of the General Government
Committee Report). He explained that there has still been no resolve to the issue of
flooding on his property. Mr. Ward noted that Municipal Law Enforcement was out
to visit his property and he believes that the Section 3.2 a. of the Site Alteration
By-law should have been considered when investigating this matter. He feels that
the only resolve this issue for is to restore the original grading of the property. Mr.
Ward noted the Operations Department Staff are coming to visit his property
tomorrow and he believes measurements will be taken. He reviewed the current
situation of the flooding and what actions of been taken to date. Mr. Ward
concluded by stating the property should not have been altered and the original
swale needs to be restored. He answered questions from Members of Council.
Presentations
6.1 Mayor Foster presented cheques in the amount of $22,782.24 to Ann-marie Harley,
President and Brian Mountford, Treasurer, A Gift of Art and to Dionne Powlenzuk,
Executive Director, Board of Directors, Visual Arts Centre of Clarington for the
proceeds of the 2019 for the Love of Art Mayor’s Gala.
6.2 Mayor Foster presented Louise Foster, Tribute Communities, with a gift in
appreciation of the sponsorship of the 2019 for the Love of Art Mayor’s Gala.
Delegations
The Delegation portion of the Agenda was considered earlier in the meeting.
Communications – Receive for Information
8.1 Integrity Commissioner Annual Report 2018
Resolution #C-183-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Communication Item 8.1 be received for information.
Carried
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Communications – Direction
9.1 Morgen Dobson, Durham Regional Police, Neighbourhood Watch
Coordinator – Implementation of a Newport-Pebblebeach Neighbourhood
Watch Program
Resolution #C-184-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Correspondence Item 9.1 from Morgen Dobson, Durham Regional Police,
Neighbourhood Watch Coordinator, Regarding Implementation of a Newport-
Pebblebeach Neighbourhood Watch Program, be endorsed by the Municipality of
Clarington.
Carried
Committee Reports
10.1.1 Museum Minutes Minutes of the Clarington Museum and Archives Board dated
April 10, 2019
10.1.2 Clarington Active
Transportation
and Safe Road
Advisory
Committee
Minutes of the Clarington Active Transportation and Safe Roads
Advisory Committee dated April 17, 2019
10.1.3 Clarington
Diversity
Advisory
Committee
Minutes of the Clarington Diversity Advisory Committee dated
March 27, 2019
10.1.4 SWNAMAC
Minutes Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated April 9, 2019
Resolution #C-185-19
Moved by Councillor Jones, seconded by Councillor Hooper
That Advisory Committee Report Items 10.1.1 and 10.1.4, be approved with the exception of
10.1.2
Carried
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10.1.2 - Clarington Active Transportation and Safe Road Advisory Committee
Moved by Councillor Hooper, seconded by Councillor Jones
That Clarington Active Transportation and Safe Road Advisory Committee Report, be
approved.
Carried
10.2 General Government Committee Report of May 6, 2019
Resolution #C-186-19
Moved by Councillor Zwart, seconded by Councillor Traill
That the recommendations contained in the General Government Committee Report of
May 6, 2019, be approved, on consent, with the exception of items #1i, #1n, #7, #32,
#42, #45, #5, #47, #1h, and #1j.
Carried
Item 1i – Grant Application #19-18, from Wind Reach Farm
Resolution #C-187-19
Moved by Councillor Zwart, seconded by Councillor Neal
That Grant Application #19-18, from Wind Reach Farms, be approved in the amount of
$1,252.00.
Carried
Item 1n – Report LGL-004-19 - Richard Ward Regarding Flooding in Kendal
Resolution #C-188-19
Moved by Councillor Neal, seconded by Councillor Hooper
That Report LGL-004-19 – Richard Ward Regarding Flooding in Kendal, be referred to
the end of the Agenda.
Carried
Item 5– Linda Kent, Library Director & CEO, Clarington Public Library, Regarding
Report FND-002-19, Budget Policy
Resolution #C-189-19
Moved by Councillor Neal, seconded by Councillor Jones
That the Communication Item from Linda Kent, Library Director, Clarington Public
Library, Regarding Report FND-002-19, be referred to the May 27, 2019 General
Government Committee meeting.
Carried
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Recess
Resolution #C-190-19
Moved by Councillor Neal, seconded by Councillor Hooper
That Council recess for five minutes.
Carried
The meeting reconvened at 8:06 PM.
Item 7 – Servicing of Industrial Lands in South Courtice - Courtice Court
Resolution #C-191-19
Moved by Councillor Neal, seconded by Councillor Jones
That Council approve the front-ending water and sewer services for Courtice Court as
described in Report EGD-009-19, provided that:
a) The share of the cost for the participating owners is fully recovered; and
b) Either:
(i) The Region of Durham provide reasonable assurance to Clarington that no
non-participating owner will be allowed to connect to the water and sewer
services without first paying Clarington its share of the cost, plus interest;
or
(ii) Clarington protect its recovery from non-participating owners by way of a
common elements condominium.
Carried
Item -32 - Autism Home Base Durham
Councillor Neal declared an indirect interest in the Grant Application #19-28 from
Autism Home Base Durham as he is a member of the Board of Directors. Councillor
Neal left the room and refrained from discussion and voting on this matter.
Resolution #C-192-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Grant Application #19-23, from the Autism Home Base Durham, be approved in
the amount of $2,000.00.
Carried
Councillor Neal returned to the meeting.
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Item 42 – Benefit Increase Charges
Resolution #C-193-19
Moved by Councillor Neal, seconded by Councillor Traill
That Report COD-006-19 be received; and
That Staff be directed to report back on best practices for negotiating employee benefits
to limit increases and provide an indication of other municipality’s Council involvement
in negotiations.
Carried
Item 45 - Single Use Plastics and Garbage Pails
Resolution #C-194-19
Moved by Councillor Neal, seconded by Councillor Zwart
That the matter of banning of single use plastics (non-recyclable) from Municipal
Buildings where possible, be referred to Staff to a Report back at the
September 23, 2019 General Government Committee meeting.
Carried
Item 47 - Central Lake Ontario Conservation Authority - Funding
Resolution #C-195-19
Moved by Councillor Hooper, seconded by Councillor Anderson
Whereas Conservation Authorities in Ontario deliver programs to protect people and
property from flooding and erosion by real-time flood forecasting, issuing flood watches
and warnings, monitoring stream flows, preparing floodplain mapping, regulating
development activities in flood plains, providing natural hazard advice to municipalities,
developing watershed plans, and educating the public about flooding and protecting
natural cover that helps reduce the impacts of flooding;
And whereas we are experiencing more severe and more frequent weather events
impacting our communities;
And whereas the Ontario Government’s “Made-in-Ontario Environment Plan” identifies
protecting people, property and natural resources from the threats and impacts of
extreme weather and flooding as part of the “core mandate” of conservation authorities;
And whereas, in 1996, the total provincial Transfer Payment to all of Ontario’s
conservation authorities for Flood and Erosion Control and Natural Hazard Prevention
was reduced from $50-million to $7.4-million, and conservation authorities share of this
payment has remained static since 1996;
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And whereas the recent Provincial budget has further reduced the provincial Transfer
Payment to all of Ontario’s conservation authorities for Flood and Erosion Control and
Natural Hazard Prevention funding for Conservation Authorities by 50%;
And whereas the Association of Municipalities of Ontario recognizes that with increases
in weather events and pressure for fill/developing in floodplains and wetlands, this is a
direct cut to a provincial program that protects people and property which requires more
discussion before action is taken;
Be it resolved that the Municipality of Clarington objects to the cutback to the provincial
Transfer Payment to Ontario’s Conservation Authorities for Flood and Erosion Control
and Natural Hazard Prevention and asks the Government of Ontario to:
1. Reinstate the full funding for the 2019-2020 fiscal year; and
2. Consult directly with Conservation Authorities, Conservation Ontario, and AMO with
respect to future funding and delivery of natural hazard programming; and
That this resolution be circulated to Ontario Conservation Authorities, Durham Region
municipalities and local MP’s and MPP’s.
Carried
Item 1h - Grant Application #19-22, from the Boys and Girls Club of Durham
Resolution #C-196-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Grant Application #19-22, from the Boys and Girls Club of Durham, be respectfully
denied.
Carried
Item 1j - Application #19-19, from the Rehoboth Christian Reformed Church
Resolution #C-197-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Grant Application #19-19, from the Rehoboth Christian Reformed Church, be
respectfully denied.
Carried
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10.3 Planning & Development Committee Report of May 13, 2019
Resolution #C-198-19
Moved by Councillor Neal, seconded by Councillor Traill
That the recommendations contained in the Planning & Development Committee Report
of May 13, 2019 be approved, on consent, with the exception of items #3 and #6.
Carried
Item 3 – Presentation by Brandon Weiler, Planner II and Paul Wirch, Senior
Planner, Regarding Courtice Main Street
Resolution #C-199-19
Moved by Councillor Neal, seconded by Councillor Jones
That the presentation by Brandon Weiler, Planner II and Paul Wirch, Senior Planner,
regarding Courtice Main Street, be received for information; and
That Staff be thanked for their work on the Courtice Main Street project.
Carried
Item 6 – Provincial Flood Task Force
Resolution #C-200-19
Moved by Councillor Hooper, seconded by Councillor Anderson
Whereas the Province of Ontario has announced the initiation of an internal task force
that will consult with municipalities on ways to improve flood resiliency;
And whereas the federal, provincial and municipal governments have a joint interest in
natural disaster mitigation, climate change adaptation, and the reduction of risks to
public safety and infrastructure;
And whereas on June 19, 2017, Clarington Council resolved that “the provincial and
federal governments be requested to strike a committee to review mitigation and safety
plans for the communities fronting the Great Lakes and St. Lawrence Seaway” and that
“Clarington be invited to participate on the committee”;
And whereas the Municipality of Clarington experienced first-hand in 2017 the
devastating effects of flooding, and in 2019 is again being impacted by recent and on-
going flooding conditions;
And whereas the flooding experienced by Clarington residents has resulted in impacts
to their private property and presented safety concerns;
And whereas the Municipality of Clarington has expended significant staff and financial
resources in aiding area residents, ensuring their safety;
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And whereas the Municipality of Clarington and impacted residents have worked
together to learn from past experience and strengthen flood response and resilience,
resulting in the development of a flood preparedness guide, as well as the adoption of a
Clarington Flood Response Plan and a municipal standard for response during flooding
that has been effective during recent flooding events;
And whereas climate change modelling done by the Regional Municipality of Durham
projects a wetter future climate for Durham Region, and accordingly it is conceivable
and reasonable to anticipate future flooding in the community;
Now therefore be it resolved that:
1. The Municipality of Clarington Council thanks the provincial government for
taking action to better plan for and reduce the impacts of flooding;
2. The provincial task force consider, as part of their work plan, the provision of
adequate funding to support the mitigation of flooding and safety planning for
flood vulnerable areas of communities;
3. The Municipality of Clarington be invited to participate in the work of the task
force to allow for input on what is needed to make our communities more resilient
to increasingly frequent flood events;
4. The Province’s internal task force undertake an engagement session in the
Municipality of Clarington to hear directly from local residents impacted by
flooding in 2017 and now in 2019; and
5. This resolution be distributed to the Premier, Minister of Natural Resources and
Forestry, Ministry of Municipal Affairs and Housing, our local MPPs and MPs,
Central Lake Ontario Conservation Authority, Ganaraska Region Conservation
Authority, The Regional Municipality of Durham, and all Area Municipalities for
their endorsement and support.
Carried
Staff Reports
11.1 Report LGL-005-19 –Enbridge Gas Franchise Agreement
Resolution #C-201-19
Moved by Councillor Neal, seconded by Councillor Anderson
That Report LGL-005-19 be received; and
That the By-law as Attachment 1 to Report LGL-005-19, be approved.
Carried
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Business Arising from Procedural Notice of Motion
None
Unfinished Business
13.1 Alexander Harras, Manager of Legislative Services/Acting Clerk, Town of
Ajax regarding the Pickering Airport.
Resolution #C-202-19
Moved by Councillor Traill, seconded by Councillor Neal
That the correspondence from Alexander Harras, Manager of Legislative
Services/Acting Clerk, Town of Ajax regarding the Pickering Airport, be received for
information.
Carried
Later in the Meeting
Suspend the Rules
Resolution #C-203-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Rules of Procedure be suspended to allow Members of Council to speak to the
matter of the foregoing Resolution #C-202-19 a second time.
Carried
The foregoing Resolution #C-202-19 was then put to a vote and carried on the following
recorded vote.
Council Member Yes No Declaration of
Interest
Absent
Councillor Anderson X
Councillor Hooper X
Councillor Jones X
Councillor Neal X
Councillor Traill X
Councillor Zwart X
Mayor Foster X
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13.2 Memo from the Director of Engineering Services regarding the Farewell Trail
Design (Referred from the May 6, 2019 General Government Committee
Meeting)
Resolution #C-204-19
Moved by Councillor Neal seconded by Councillor Jones
That Staff be directed to site the ending of the Farewell Trail in the ravine north of
Pinedale Blvd. but south of the original route such, that it remains above the top of bank
for the creek, and south of the drainage manhole;
That any additional cost be funded at the discretion of the Director of Finance.
Carried
13.3 Confidential Memo from the Municipal Solicitor regarding the Servicing of
Industrial Land in South Courtice
Resolution #C-205-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Confidential Memo from the Municipal Solicitor regarding the Servicing of
Industrial Land in South Courtice, be received for information.
Carried
Closed Session
Resolution #C-206-19
Moved by Councillor Neal, seconded by Councillor Anderson
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 advice that is
subject to solicitor-client privilege, including communications necessary for that
purpose.
Carried
Rise and Report
The meeting resumed in open session at 9:22 PM with Mayor Foster in the Chair.
Mayor Foster advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Councillor Traill left the meeting.
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Item 1n - Report LGL-004-19 – Richard Ward regarding Flooding in Kendal
Resolution #C-207-19
Moved by Councillor Neal, seconded by Councillor Zwart
That the matter be referred back to Staff to determine what measures can be taken to
rectify the situation.
Carried
By-laws
Resolution #C-208-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That leave be granted to introduce By-laws 2019-036 to 2019-037
14.1 2019-036 Being a By-law to exempt a certain portion of Registered Plan 40M-2540
from Part Lot Control
14.2 2019-037 Being a By-law to Authorize a Franchise Agreement Between the
Corporation of the Municipality of Clarington and Enbridge Gas (Agenda
Item 11.1)
That the said by-laws be approved.
Carried
Procedural Notices of Motion
15.1 Procedural Notice of Motion to Reconsider Resolution #C-175-19 pertaining
to the Strategic Priorities for the Municipality of Clarington
That Council approve the Strategic Priorities A, B, C and D as drafted by Council during
the March 29, 2019 Strategic Plan Workshop, and as amended during the May 1, 2019
Strategic Plan Workshop, as Councils Goals for the 2019-2022, as follows:
1. Strategic Priorities
A. Engaged Communities
B. Strong Economy
C. Sustainable Infrastructure Growth
D. Legacy Projects
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2.Preliminary goals for these priorities were identified by Council as follows:
A.Engaged Communities
A.1. Enhance two-way communication with community
A.2. Establish and develop a unique Clarington brand for promoting our
community
B.Strong Economy
B.1. Complete the implementation of the Downtown Plans
B.2. Create partnerships in broadband expansion, working towards 100%
connectivity
B.3. Create partnerships to promote investment in infrastructure to make natural
gas more accessible
B.4. Expand our transportation network into commercial and industrial areas
B.5. Explore an economic development strategy/framework in collaboration with
the business community and other stakeholders
C.Sustainable Infrastructure Growth
C.1. Develop an Affordable Housing Policy
C.2. Develop a strategies for infrastructure investments, including employment
lands
D.Legacy Projects
D.1. Clearly articulate our plans for:
a) Courtice waterfront
b) Port Darlington waterfront
D.2. Pursue a final decision from AECL and CNL respecting the disposition of
lands for the Port Granby Nature Reserve
D.3. Develop the concept, financing, project plan and potential construction
schedule for the South Bowmanville Recreation Centre for Council in 2019, for
consideration in the 2020 budget, with a design to follow
D.4 Articulate a vision of a Performing Arts space
D.5. Make a decision on Camp 30