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HomeMy WebLinkAbout2019-07-02 Minutes Clar-in o n Council Minutes July 2, 2019 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of a regular meeting of Council held on July 2, 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 M. Zwart Regrets: Councillor C. Traill Staff Present: A. Allison, G. Acorn until 12:21 AM, T. Cannella until 12:21 AM, F. Horvath until 12:21 AM, F. Langmaid until 12:21 AM, M. Marano until 12:21 AM, R. Maciver, P. Creamer until 12:21 AM, G. Weir until 12:21 AM, A. Greentree, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Neal led the meeting in a moment of reflection. 3 Declaration of Interest There were no disclosures of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-243-19 Moved by Councillor Zwart seconded by Councillor Neal That the minutes of the regular meeting of the Council held on June 10, 2019, be approved. Carried - 1 - Clarington Council Minutes July 2, 2019 Suspend the Rules Resolution #C-244-19 Moved by Councillor Hooper, seconded by Councillor Neal That the Rules of Procedure be suspended to add additional items to the Agenda. Carried Resolution #C-245-19 Moved by Councillor Hooper, seconded by Councillor Neal That the following items be added to the Agenda: x Rainbow Crosswalks x International Joint Commission Plan x High Street Courtice x Official Opening of Farewell Creek Trail Phase 1 x Delegation of Gord Robinson (Item 2 of the Planning & Development Report to Council) x Farewell Creek Trail — Phase 2 Carried 6 Presentations 6.1 Sonya Hardman, Manager— Corporate Initiatives, Region of Durham, Update on Durham Region Strategic Planning 2020-2025 Sonya Hardman, Manager— Corporate Initiatives, Region of Durham, was present regarding an update on Durham Region Strategic Planning for 2020 2025. She explained that in March 2019, the Region of Durham Staff was requested to review the Strategic Plan. Ms. Hardman explained that a Task Force was created and the Region of Durham is looking to encourage public engagement and they will be gathering public input from June to September 2019. She explained that there have been roundtable discussions with various community stakeholders and there will be Town Hall discussions in July and August. Ms. Hardman explained that they have a Regional Engagement Platform and comments can be made at www.durham.ca/yourvoice. She added that paper will also be distributed and ask if they can be left the Municipal Administration Centre Customer Service Desk. Ms. Hardman concluded by asking for support from the Municipality of Clarington. She request that they could be advised of any upcoming public events and they would attempt to have Regional Staff present to collect public input. She thanked Members of Council and answered questions. - 2 - Clarington Council Minutes July 2, 2019 7 Delegations 7.1 Steve Holliday regarding Report PSD-030-19, Recommendation to Add Two (2) Properties to the Municipal Heritage Register (Item 3 of the Planning and Development Committee Report) Steve Holliday was present regarding Report PSD-030-19, Recommendation to Add Two (2) Properties to the Municipal Heritage Register. He explained that he is the owner of 816 Regional Road 17. Mr. Holliday noted that he has been speaking with Staff and has some concerns regarding his property being added to the registry. Mr. Holliday asked if this decision will be final and if he has any way of objecting to the matter. He is concerned if this will affect the value of his property or the ability to sell his property in the future. Mr. Holliday answered questions from the Members of Council. Alter the Agenda Resolution #C-246-19 Moved by Councillor Hooper seconded by Councillor Anderson That the Agenda be altered to consider Item 3 of the Planning and Development Committee Report, at this time. Carried Item 3 -Recommendation to Add Two (2) Properties to the Municipal Heritage Register Resolution #C-247-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report PSD-030-19, be received; That 98 Church Street, Bowmanville be added to the Municipal Register; That 816 Regional Road 17, Newcastle be added to the Municipal Register, and That all interested parties listed in Report PSD-030-19 and any delegations be advised of Council's decision. Motion Divided (See following motions) Resolution #C-248-19 Moved by Councillor Hooper, seconded by Councillor Neal That paragraph three of the foregoing Resolution #C-247-19, be divided. Carried - 3 - Clarington Council Minutes July 2, 2019 Resolution #C-249-19 Moved by Councillor Hooper, seconded by Councillor Neal That paragraph three of the foregoing Resolution #C-247-19, be referred to the September 16, 2019 Council meeting. Carried The balance of the foregoing Resolution #C-247-19 was then put to a vote and carried. 7.2 Sarah Delicate, Regarding Report CAO-006-19, Cedar Crest Beach Update (Agenda Item 13.1) Sarah Delicate was present regarding Report CAO-006-19, Cedar Crest Beach Update. She provided background information as to how her family came to purchase their home at Cedar Crest Beach. She noted that every year the shoreline continues to erode. Ms. Delicate reviewed the steps taken since the initial flooding took place in November 2015 which included petitions and several delegations to Council. She reviewed the current status of the flooding at Cedar Crest Beach. Ms. Delicate believes the damage done to the shoreline has been caused by the St Marys Cement pier. She added that she believes CLOCA is looking to acquire these shoreline properties and that policies are being put in place to lower the area property values. Ms. Delicate stated that MP O'Toole and MPP Park have both expressed a willingness to meet with St. Marys and Clarington if invited. She concluded by asking the Members of Council to assist with restoring the shoreline that was taken by St. Marys Cement. Ms. Delicate answered questions from the Members of Council. 7.3 Bart Hawkins-Kreps, Regarding Report CAO-006-19, Cedar Crest Beach Update (Agenda Item 13.1) Bart Hawkins-Kreps was present regarding Report CAO-006-19, Cedar Crest Beach Update. He made a verbal presentation to accompany an electronic presentation. Mr. Hawkins-Kreps noted that he will be responding to Report CAO-006-19. He believes that St. Marys pier contributes to erosion as Cedar Crest Beach and that this is documented in the 2018 Baird Report. Mr. Hawkins-Kreps noted that the Baird Report states that there are engineering solutions to help mitigate the erosion and that CLOCA is ignoring the Baird Report. Mr. Hawkins-Kreps feels disappointed that Municipal staff chose not to challenge CLOCA. He continued by explaining the community is not threatened by the natural dynamic beach and there is no credible threat of riverine as documented by CLOCA. Mr. Hawkins-Kreps stated he is concerned with comments in the Staff Report with respect to addressing the modelling approach and resulting data. He feels that no technical expertise is required to see the CLOCA's conclusions on the riverine floods are not realistic. Mr. Hawkins-Kreps reviewed the conclusions from CLOCA's model. He added that riverine floods have not happened in recent memory and that the water overtopping these roads was due to high lake levels and CLOCA's flooding model is flawed. Mr. Hawkins-Kreps concluded by asking the Municipality to - 4 - Clar-in on Council gtMinutes July 2, 2019 support and stand with the residents in defending their residential community and thanked for their support. He answered questions from the Members of Council. 7.4 Larry Defosse, Regarding Report CAO-006-19, Cedar Crest Beach Update (Agenda Item 13.1) Larry Defosse was present regarding Report CAO-006-19, Cedar Crest Beach Update. He made a verbal presentation to accompany and electronic presentation. Mr. Defosse reviewed the anatomy of a hurricane. He highlight the details of Hurricane Hazel, including how the amount of rainfall can impact flooding and the amount of damage that can be caused. Mr. Defosse illustrated the similarities of Hurricane Hazel to the flooding at Cedar Crest Beach. He believes that the modelling done by CLOCA is incorrect. Resolution #C-250-19 Moved by Councillor Anderson, seconded by Councillor Jones That the Rules of Procedure be suspended to allow the delegation of Larry Defosse to be extended for an additional two minutes. Carried Mr. Defosse continued by stating that the calculations made by CLOCA are incorrect and encourages the Municipality to review what CLOCA is proposing. Resolution #C-251-19 Moved by Councillor Neal, seconded by Councillor Anderson That the Rules of Procedure be suspended to allow the delegation of Larry Defosse to be extended for an additional one minute. Carried Mr. Defosse is concerned that that there may be a policy put in place to prohibit the residents from being able to rebuild their homes if they are flooded. He feels that this will significantly drop the property values. Mr. Defosse answered questions from the Members of Council. Recess Resolution #C-252-19 Moved by Councillor Neal, seconded by Councillor Zwart That Council recess for five minutes. Carried The meeting reconvened at 8:59 PM. - 5 - Clariiw-n Council Minutes July 2, 2019 7.5 Lisa Robinson, Regarding Agricultural Land Uses and Environmental Protection (Item 2 of the Planning and Development Committee Report) Lisa Robinson was present regarding Agricultural Land Uses and Environmental Protection. She feels that there was not enough focus on agricultural properties during the Staff Presentation at the June 24, 2019 Planning Meeting. Ms. Robinson stated that Clarington has some of the most diverse agricultural areas. She explained that Urban Sprawl is affecting the agricultural business in Clarington. She feels the proposed zoning changes are a concern and is asking for the resident's comments to be heard. She noted three large proposed developments in Clarington where the residents voiced their opinions and changes were made. Ms. Robinson hopes the agricultural property owners voicing their opinions will bring changes and that the agricultural land must be preserved. She asked if these designations of environmentally protected land on her property will lower the property taxes due to the fact it will decrease the value of her property. Ms. Robinson feels that the property owners are experts and they should have been consulted. She asked how the Municipality plans to protect these agricultural properties. Ms. Robinson concluded by requesting that Council reconsider the rezoning of these properties and review the Official Plan to stop the urban sprawl. She answered questions from the Members of Council. 7.6 Sonya Pratt, Regarding Agricultural Land Uses and Environmental Protection (Item 2 of the Planning and Development Committee Report) Sonya Pratt was present regarding Agricultural Land Uses and Environmental Protection. She advised the Members of Council that she attended the June 24, 2019 Planning and Development Committee Meeting and was concerned with the number of residents that were directed to the overflow rooms. Ms. Pratt added that she believes due to the space restrictions a number of residents were turned away. She feels that each resident affected by the zoning changes should have been notified directly. Ms. Pratt stated that she requires more information and time to respond. She concluded by asking that a notification be sent to all homeowners directly affected by the potential zoning changes. Ms. Pratt answered questions from the Members of Council. 7.7 Gord Robinson, Regarding Agricultural Land Uses and Environmental Protection (Item 2 of the Planning and Development Committee Report) Gord Robinson was present regarding Agricultural Land Uses and Environmental Protection. Mr. Robinson thanked the Members of Council for the recommendations and noted that this is good first step. Mr. Robinson stated that he is concerned that 50% of land was rezoned to Environmentally Protected (EP) with the approval of the Official Plan. He does not believe Council was aware and feels that more questions should have been asked. Mr. Robinson noted that more than 6000 property owners are affected by these changes. He believes that the recommendations from the Planning Meeting makes the property owner responsible for justifying why their property should not be zoned EP. Mr. Robinson reviewed the steps involved if a property owner is requesting a rezoning of a property. He believes that the previous Council made an error in not notifying the public with the changes made when the Official Plan was - 6 - Clarington Council Minutes July 2, 2019 adopted. Mr. Robinson stated that this was not done with transparency or accountability as required by the Municipal Act and Corporate Policies. He concluded by asking the Members of Council to direct Staff to correct these past errors. Mr. Robinson answered questions from the Members of Council. 8 Communications — Receive for Information 8.1 ADR Chambers Ombuds Office — Complaint against the Municipality of Clarington, MUN-271-0418 [Distributed Under Separate Cover] 8.2 Ralph Walton, Regional Clerk/Director of Legislative Services - New Regional Smoke-Free By-law Resolution #C-253-19 Moved by Councillor Jones, seconded by Councillor Hooper That Communication Items 8.1 to 8.2 be received for information. Carried 9 Communications — Direction 9.2 Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk, City of St. Catharines - Free Menstrual Products at City Facilities 9.3 James Hale, Regarding Agricultural Land Uses and Environmental Protection 9.7 Ralph Walton, Regional Clerk/Director of Legislative Services - Proposed Agricultural Sector Climate Adaption Strategy, "Growing Resilience: Durham Region Agricultural Sector Climate Adaption Strategy" (2019-A-24) Resolution #C-254-19 Moved by Councillor Jones, seconded by Councillor Hooper That Correspondence Item 9.1 to 9.8 be approved on consent with the exception of Items 9.1, 9.4, 9.5. 9.6 and 9.8 as follows: That Correspondence Item 9.2 from Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk, City of St. Catharines, regarding Free Menstrual Products at City Facilities, be referred to Staff. That Correspondence Item 9.3 from James Hale, regarding Agricultural Land Uses and Environmental Protection, be referred to Staff. - 7 - Clar-in on Council gtMinutes July 2, 2019 That Correspondence Item 9.7 from Ralph Walton, Regional Clerk/Director of Legislative Services, regarding Proposed Agricultural Sector Climate Adaption Strategy, "Growing Resilience: Durham Region Agricultural Sector Climate Adaption Strategy" (2019-A-24), be referred to Staff. Carried 9.1 Guy Giorno, Integrity Commissioner, Fasken Martineau DuMoulin LLP, Special Report: Process for Providing Advice to Members Resolution #C-255-19 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations in Correspondence Item 9.1 from Guy Giorno, Integrity Commissioner, Fasken Martineau DuMoulin LLP, regarding a Special Report: Process for Providing Advice to Members, to include the surname of the Member of Council who requested advice in the Statement of Account, be approved. Carried 9.4 Parkview Newcastle Lodge for Senior and Family Dwellings — Request to Assist with Affordable Housing Costs Resolution #C-256-19 Moved by Councillor Zwart, seconded by Councillor Anderson That the Municipality enter into a development charge deferral agreement with Parkview stating that: a) no interest will be payable for a period of 18 months from the date that the building permit is issued (consistent with the Region's approach); and b) any further deferral, with or without interest, will be at the discretion of Council; and That Staff be directed to waive any security deposits for the site plan agreements. Carried 9.5 Carolyn Lance, Council Services Coordinator, Clerk's Division, Town of Georgina - Reducing Litter and Waste in our Communities Resolution #C-257-19 Moved by Councillor Neal, seconded by Councillor Hooper That the following Resolution from the Town of Georgina be endorsed by the Municipality of Clarington: - 8 - Clar-in o n Council Minutes July 2, 2019 Whereas the Town of Georgina has been a leader when it comes to waste management in the Province of Ontario; Whereas the Town of Georgina instituted a user pay garbage program over 20 years ago; Whereas the Province of Ontario, through the Ministry of the Environment, has posted a discussion paper entitled `Reducing Litter and Waste in our Communities'; Whereas producer responsibility has not been adequately addressed by the Province of Ontario and its time has come; Whereas a successful deposit/return program for single use plastic, aluminum and metal drink containers has been in existence in other Provinces in Canada including Newfoundland, Nova Scotia and British Columbia; Whereas these successful programs have eliminated many of these containers from the natural environment; Now Therefore be it Resolved that the Council of the Town of Georgina call upon the Province of Ontario through the discussion paper `Reducing Litter and Waste in our Communities' to review and implement a deposit/return program for all single use plastic, aluminum and metal drink containers; Be it Further Resolved that the Province of Ontario review current producer requirements and look for extended producer responsibility for all packaging; and Be it Further Resolved that a copy of this motion be sent to the Minister of the Environment, the Premier, the Minister of Municipal Affairs, the Association of Municipalities of Ontario, the Region of York and all Municipalities in the Province of Ontario. Carried 9.6 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby — Elimination of 412 and 418 Tolls and Release of Employment Lands Resolution #C-258-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the following Resolution from the Town of Whitby be endorsed by the Municipality of Clarington: Whereas the Council of the Town of Whitby has on numerous previous occasions requested that the tolls on Highway 412 be eliminated and the employment lands abutting Highways 412 and 407 be released; and, - 9 - Clar-in o n Council Minutes July 2, 2019 Whereas a new Minister of Minister of Transportation and Minister of Economic Development, Job Creation and Trade have been appointed; Now Therefore be it Resolved: 1. That Council reaffirms its previous request that: a. The Ministry of Transportation expeditiously identify, declare surplus, and release designated employment lands that were not required for the construction of Highways 412 and 407; and, b. That the Province eliminate the tolls on Highway 412 which are a distinct disadvantage and disincentive to Durham Region to efficiently move goods, services and people and to attract and retain prestige industrial and office investments and value added jobs for the employment lands abutting the provincial highway and that request to eliminate tolls also apply to the Highway 418. 2. That the Clerk be directed to forward a copy of this resolution to Durham area municipalities, all Durham Region MPPs, John Henry, Regional Chair, the Honourable Caroline Mulroney, Minster of Transportation and Minister of Francophone Affairs, and the Honourable Vic Fedeli, Minister of Economic Development, Job Creation and Trade and Chair of Cabinet. Carried 9.7 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby — Regional Governance Review Resolution #C-259-19 Moved by Councillor Neal, seconded by Councillor Jones That the following Resolution from the Town of Whitby be endorsed by the Municipality of Clarington: Whereas the Regional Governance Review Terms of Reference for Special Advisors Michael Fenn and Ken Seiling states that all materials produced by the Special Advisors, including research analysis, reports and recommendations, are the exclusive property of the Ministry of Municipal Affairs and Housing and may be released publicly at the discretion of the Ministry; Whereas the Regional Governance Review must be transparent in the interest of accountability and in consideration of the potential impacts to local and regional municipal governments; - 10 - Clar-in on Council gtMinutes July 2, 2019 Whereas the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) has requested that the report containing the Special Advisors findings and recommendations to the Minister of Municipal Affairs and Housing that is due to be presented in early July be made public; Now Therefore be it Resolved That the Council of the Town of Whitby endorses AMCTO's position that the report prepared by the Special Advisors regarding the Regional Government Review be released upon its finalization and presentation to the Minister in July; and That the Clerk be directed to circulate a copy of this resolution to the Minister of Municipal Affairs and Housing, Lorne Coe M.P.P, Special Advisors Michael Fenn and Ken Seiling, AMCTO, AMO, and all GTA municipalities. Carried 10 Committee Reports 10.1.1 Museum Minutes Minutes of the Clarington Museum and Archives Board dated June 6 and June 12, 2019 10.1.2 Affordable Minutes of the Clarington Affordable Housing Task Force dated Housing Task May 21, 2019 Force Minutes 10.1.3 Agricultural Minutes of the Agricultural Advisory Committee dated May 9 and Advisory June 13, 2019 Committee Minutes 10.1.4 SWNAMAC Minutes of the Samuel Wilmot Nature Area Management Advisory Minutes Committee dated June 11, 2019 10.1.5 AAC Minutes Minutes of the Accessibility Advisory Committee dated April 3 and May 1, 2019 10.1.6 Clarington Minutes of the Clarington Heritage Committee dated June 18, Heritage 2019 Committee Resolution #C-260-19 Moved by Councillor Zwart, seconded by Councillor Neal That Advisory Committee Report Items 10.1.1 and 10.1.6, be approved with the exception of 10.1.3. Carried - 11 - Clarington Council Minutes July 2, 2019 10.1.3 - Agricultural Advisory Committee Minutes Resolution #C-261-19 Moved by Councillor Hooper, seconded by Councillor Neal That Minutes of the Agricultural Advisory Committee dated June 13, 2019, be approved. Carried 10.2 General Government Committee Report of June 19, 2018 Resolution #C-262-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of June 17, 2019, be approved, on consent, with the exception of items #5, #11, #12, #14 and #22. Carried Item 5 —Wendy Bracken, Regarding Energy from Waste — Waste Management Advisory Committee, Deferral of Recommendation C) of Report #2019-COW-3 Resolution #C-263-19 Moved by Councillor Neal, seconded by Councillor Hooper Whereas the Region of Durham will be drafting terms of reference for the expansion of the EFW to 250,000 tonnes annually; Whereas St Marys Cement has indicated that it plans to seek approval from the MECP to burn approximately 400 tonnes per day of garbage, otherwise known as "Alternative Low Carbon Fuels (ALCF)", which includes plastics which may come from outside of Durham Region; Now Therefore be is Resolved that 1. Clarington staff be directed to write to the MECP and: a.) request that any consideration of an ALCF approval for St. Marys include cumulative environmental effects from their site and the EFW; b.) request that any consideration of an EA for the expansion of the EFW include cumulative environmental effects from the burning of garbage by St. Marys; and - 12 - Clariiw-n Council Minutes July 2, 2019 c.) request a written response from the MECP as to whether their approval of the expansion of the EFW to 160,000 tonnes annually is contingent upon the EA going forward for the expansion to 250,000 tonnes, and if so, the reason. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Anderson X Councillor Hooper X Councillor Jones X Councillor Neal X Councillor Traill X Councillor Zwart X Mayor Foster X Item 11 - Service Delivery Review for Forestry Services Resolution #C-264-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report COD-010-19 be received; That the proposal received from WSCS Consulting Inc. being the most responsive bidder meeting all terms, conditions and specifications of RFP2019-1, be awarded the contract for the provision of consulting services to complete the Service Delivery Review for Forestry Services; That the funds required in the amount of$32,797.25 (net HST rebate) be drawn from the following account: Admin. Professional Fees (2018 Budget) 100-13-130-00000-7161 $32,797.25 That all interested parties listed in Report COD-010-19 and any delegations be advised of Council's decision by the Corporate Services Department. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Anderson X Councillor Hooper X Councillor Jones X Councillor Neal X Councillor Traill X Councillor Zwart X Mayor Foster X - 13 - Clarington Council Minutes July 2, 2019 Item 12 --GBRRC Roof Refurbishment and SCA Roof/Sealant Replacement Resolution #C-265-19 Moved by Councillor Anderson, seconded by Councillor Zwart That Report COD-012-19 be received; That Industrial Roofing Services Limited with a total bid amount of $ 421,468.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2019-18 be awarded the contract for the GBRRC Roof Refurbishment and SCA Roof/Sealant Replacement, as required by the Community Services Department; That the funds required for this project in the amount of $449,548.00 (Net HST Rebate) which includes the construction cost of $421,468.00 (Net HST Rebate) engineering design and testing/inspection be funded by the Municipality from the approved budget allocations as follows: GBRRC - Roof 110-42-421-84256-7401 $250,000 SCA - Roof 110-42-421-84259-7401 150,000 SCA - Exterior Window Control Joints 110-42-421-84259-7401 30,000 Community Services Capital Reserve 518-00-000-00000-7418 19,548 Fund That all interested parties listed in Report COD-012-19 and any delegations be advised of Council's decision by the Corporate Services Department. Carried Later in the Meeting (See following motion) Suspend the Rules Resolution #C-266-19 Moved by Councillor Neal, seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Council to speak to the matter of the foregoing Resolution #C-265-19 a second time. Carried The foregoing Resolution #C-265-19 was then put to a vote and carried. - 14 - Clarington- Council Minutes July 2, 2019 Item 14 --2019/2020 Insurance Program Resolution #C-267-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report FND-019-19 be received; That the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self-retention deductible levels for the period July 1, 2019 to June 30, 2020, at an approximate cost to Clarington of $932,094 be confirmed; and That the purchase of cyber liability coverage through the Frank Cowan Company at a cost of $20,000 be confirmed; and That Staff be directed to commence a competitive bidding process in the market for municipal general insurance coverage, in accordance with the notification requirements of the Durham Municipal Insurance Pool. Carried as Amended Later in the meeting (See following motions) Resolution #C-268-19 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-267-19 be amended by adding the following paragraph: "That an independent Consultant be engaged to assist with the RFP and advise of the true costs of leaving the Municipal Insurance Pool and contracting with a new provider." Carried The foregoing Resolution #C-267-19 was then put to a vote and carried as amended. Item 22 --Personnel Matter Resolution #C-269-19 Moved by Councillor Neal, seconded by Councillor Anderson That Item 22 - Personnel Matter, be referred to the end of the Agenda. Carried - 15 - Clarington Council Minutes July 2, 2019 10.3 Planning & Development Committee Report of June 24, 2019 Resolution #C-270-19 Moved by Councillor Neal, seconded by Councillor Zwart That the recommendations contained in the Special Planning & Development Committee Report of June 24, 2019 be approved, on consent, with the exception of items #1, #3 (which was considered earlier in the meeting) and #4. Carried Item 1 --Agricultural Land Uses and Environmental Protection Resolution #C-271-19 Moved by Councillor Zwart, seconded by Councillor Neal That, as part of the Zone Clarington exercise, Staff be directed to report back on a process whereby Official Plan amendments made to correct errors in Environmental Protection designations in Clarington's Official Plan be made at no cost to the property owner. Carried Suspend the Rules Resolution #C-272-19 Moved by Councillor Neal, seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting to 12:00 AM. Carried Item 4 — Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville Resolution #C-273-19 Moved by Councillor Zwart, seconded by Councillor Neal That Report PSD-031-19 be received; That permission be granted to repair and/or replace the front steps on the dwelling at 110 Wellington Street, Bowmanville, provided the replacement steps are curved as existing, and in accordance with the applicable Designation By-law 95-029, and Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and - 16 - Clar-in o n Council Minutes July 2, 2019 That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD-031-19 be advised of Council's decision. Carried 11 Staff Reports 11.1 Confidential Report LGL-008-19 —LPAT Appeal - National Homes (Prestonvale) Inc. Resolution #C-274-19 Moved by Councillor Neal, seconded by Councillor Zwart That Item 11.1, Confidential Report LGL-008-19 —LPAT Appeal - National Homes (Prestonvale) Inc, be referred to the end of the Agenda. Carried 12 Business Arising from Procedural Notice of Motion None 13 Unfinished Business 13.1 Report CAO 006 19 - Cedar Crest Beach Update [Referred from the June 17, 2019 General Government Committee Meeting] Resolution #C-275-19 Moved by Councillor Hooper, seconded by Councillor Anderson Whereas on October 2, 1995 Clarington Council passed Resolution C-731-95 arising out of Staff Report PD-108-95 regarding St. Mary's dock expansion which confirms that Clarington "does not concur with the findings of the Environmental Assessment and Review for the St. Marys Cement Corporation dock expansion" and which cited Clarington's concern that the impacts of the existing dock and the proposed expansion were not fully understood; Whereas the November 16, 2018 Baird Report "Port Darlington Shore Protection Concepts" (the "Baird Report") clearly identifies shoreline erosion, due to interrupted littoral drift, as the key factor in the dangerous wave uprush threatening Cedar Crest Beach Road properties; Whereas this littoral drift has, to a significant extent, been interrupted by the St. Marys / Votorantim Cimentos shipping pier; - 17 - Clariiw-n Council Minutes July 2, 2019 Whereas the Baird Report also describes engineering solutions to mitigate this danger, of which Baird identifies Option 3 as the most effective; Whereas, Clarington values and wants to restore and to maintain the historic community on Cedar Crest Beach Road as well as the entire residential community on the Port Darlington waterfront due to duly unprecedented back to back storms creating all of the lakeshore properties extreme flooding; Whereas, the Municipality of Clarington has expended significant funds on emergency services to assist residents on Cedar Crest Beach Road who have been adversely affected by the interrupted littoral drift and extreme flooding; Whereas the Municipality of Clarington has lost a yet-to-be-determined amount of public waterfront along Cedar Crest Beach Road as a result of the interrupted littoral drift and extreme flooding; Whereas in 2017, Votorantim Cimentos ("Votorantim"), the sixth largest cement company in the world, reported a nearly $4 billion net revenue (CDN) and in its 2017 Annual Report, cites a commitment to corporate "Ethics and Integrity", having placed first in a ranking by Transparency International, an NGO based in Germany which evaluates the anticorruption efforts by Brazilian companies; and Whereas Clarington seeks to preserve its relationship with Votorantim, a community partner and a conscientious corporate citizen; Now therefore be it resolved that: 1) Report CAO-006-19 be received; 2) Clarington Municipal Council accepts the findings of the Baird Report; 3) Clarington Staff provide a report to Council on the quantum of waterfront property and public beach that have been lost along Cedar Crest Beach Road since the St. Marys / Votorantim dock expansion took place due to erosion and all other environmental factors and report back to Committee in September 2019, including in the report a valuation for the lost property; 4) Clarington Staff, including (but not limited to) Emergency & Fire Services and Operations, provide a report detailing all the costs of the municipal response to the Cedar Crest Beach Road residents with respect to flooding, including an estimate of staff time, from April 2017 to present date; 5) The Municipality of Clarington, through the CAO's Office, the Mayor's Office and the Engineering Department, shall enter into urgent negotiations with other government agencies and the Provincial and Federal Governments, to explore all funding options for implementation of the Baird Report Option 3 or other effective engineering solution to the starvation and erosion at Cedar Crest Beach Road; - 18 - Clartw � Council Minutes July 2, 2019 6) The options of raising the road or constructing a flood mitigation berm as referenced in Report CAO-006-19 be pursued in conjunction with shoreline erosion works and that CLOCA be approached as a funding partner, as CLOCA's re-routing of the fish channels brought the marsh closer to Cedar Crest Beach Road, necessitating the elevation of the road; 7) The Municipality of Clarington, through the Municipal Solicitor, shall immediately write to Votorantim to request that Votorantim enter into a cost-sharing agreement with Clarington, and all other government agencies through which funding is available, to implement the Baird Report's Option 3 on a voluntary and "good faith" basis and that any response from Votorantim shall be provided to Council immediately by way of Update Memo. Carried as amended (See following motions) Resolution #C-276-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the foregoing Resolution #C-275-19 be amended with the following changes to paragraph 5): "That the words "in concert with CLOCK be inserted after the words "Municipality of Clarington"; and That the word "Votorantim," be inserted after the words "urgent negotiations with"." Carried Resolution #C-277-19 Moved by Councillor Neal, seconded by Councillor Jones That the foregoing Resolution #C-275-19 be amended by striking the recitals from the Resolution. Carried Resolution #C-278-19 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-275-19 be amended by deleting paragraph 7). Carried - 19 - Clarington Council Minutes July 2, 2019 Resolution #C-279-19 Moved by Councillor Neal, seconded by Councillor Jones That the foregoing Resolution #C-275-19 be amended by deleting the following from the end of paragraph 6): "as CLOCA's re-routing of the fish channels brought the marsh closer to Cedar Crest Beach Road, necessitating the elevation of the road." Carried Resolution #C-280-19 Moved by Councillor Neal, seconded by Councillor Jones That the foregoing Resolution #C-275-19 be amended by replacing paragraph 2) with the following: "That the Municipality request CLOCA to finalize its reports taking into consideration Municipal comments included in Report CAO-006-19 and including a summary of public comments provided on the Draft Proposed Port Darlington (West Shore) Shoreline Management Report and supporting studies;" Carried Resolution #C-281-19 Moved by Councillor Jones, seconded by Councillor Anderson That the foregoing Resolution #C-275-19 be amended by deleting the following from the end of paragraph 3): "including in the report a valuation for the lost property." Carried - 20 - Clarington Council Minutes July 2, 2019 Resolution #C-282-19 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-275-19 be amended by adding the following to the end: "That Council's decision be forwarded to CLOCA, the Regional Municipality of Durham, local MPPs and MPs, the Federal Minister of Environment and Climate Change, Provincial Minister of Natural Resources and Forestry, and the Minster of Environment, Conservation and Parks; and That all interested parties listed for Report CAO-006-19, including all landowners in the Port Darlington (west shore) reach and any delegations, be advised of Council's decision." Carried The foregoing Resolution #C-275-19 was then put to a vote and carried as amended Recess Resolution #C-283-19 Moved by Councillor Neal, seconded by Councillor Zwart That Council recess for five minutes. Carried The meeting reconvened at 11:44 PM. Suspend the Rules Resolution #C-284-19 Moved by Councillor Neal, seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting to 1:00 AM. Carried - 21 - Clarington- Council Minutes July 2, 2019 13.3 Confidential Report LGL-007-19 - Legal Advice Pertaining to EFW Host Community Agreement [Referred from the June 17, 2019 General Government Committee Meeting] 13.4 Confidential Verbal Report from the CAO regarding a Personnel Matter Resolution #C-285-19 Moved by Councillor Neal, seconded by Councillor Zwart That Agenda Items 13.3, Confidential Report LGL 007 19 - Legal Advice Pertaining to EFW Host Community Agreement and Item 13.4, Confidential Verbal Report from the CAO regarding a Personnel Matter, be referred to the end of the Agenda to be considered in closed session. Carried 13.2 Correspondence from Louise Heintzman, Administrative Assistant, Township of Armour - Opposing Bill 115 [Referred from the June 17, 2019 General Government Committee Meeting] Resolution #C-286-19 Moved by Councillor Neal seconded by Councillor Hooper That Correspondence 13.2 from Louise Heintzman, Administrative Assistant, Township of Armour - Opposing Bill 115, be received for information. Carried 14 By-laws Resolution #C-287-19 Moved by Councillor Hooper, seconded by Councillor Anderson That leave be granted to introduce By-laws 2019-044 to 2019-049 14.1 2019-044 Being a By-law to authorize the Corporation of the Municipality of Clarington to enter into the Rail Safety Improvement Program Agreement with the Government of Canada (Item 8 of General Government Committee Report) 14.2 2019-045 Being a By-law to amend By-law 2012-061 as amended, being a By-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington (Item 8 of General Government Committee Report) 14.3 2019-046 Being a By-law to appoint a private property Parking Enforcement Officers (Item 10 of General Government Committee Report) - 22 - Clarington- Council Minutes July 2, 2019 14.4 2019-047 Being a By-law to keep land clean and clear in the Municipality of Clarington (Item 16 of General Government Committee Report) 14.5 2019-048 Being a By-law to exempt a certain portion of Registered Plan 40M-2617 from Part Lot Control 14.6 2019-049 Being a By-law to exempt a certain portion of Registered Plan 40M-2617 from Part Lot Control That the said by-laws 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 16.1 - Rainbow Crosswalk Resolution #C-288-19 Moved by Councillor Hooper, seconded by Councillor Anderson Whereas Durham Region's first Rainbow Crosswalk held its Opening Ceremony on Thursday, June 13, 2019 at its location near John M. James Public School; Whereas the Rainbow Crosswalk was vandalized prior to June 13, 2019; and Whereas the Municipality of Clarington wishes to restore the crosswalk to its pristine condition to send a strong message that neither homophobia nor acts of vandalism to significant community landmarks shall be condoned, and to show Clarington's commitment to supporting the LGBTQ2 community; Now therefore be it resolved that: 1. In response to the vandalism of the Rainbow Crosswalk at John M James Public School, the Municipality wishes to send a message that such action will be met with a response that further demonstrates the Municipality's commitment to supporting the LGBTQ2 community and ensuring that LGBTQ2 youth feel safe in their communities; 2. That Staff report back on what materials Cobourg used to paint its Rainbow Crosswalk and the cost Cobourg paid; - 23 - Clarington Council Minutes July 2, 2019 3. That Staff determine the cost of the repair to the tape at the John M James Crosswalk and Clarington solicit donations from the public and local service clubs including Courtice Rotary and Bowmanville Rotary to cover this cost of repair; and 4. The Municipality liaise with the Kawartha Pineridge District School Board and the Region of Durham regarding implementation of a second Clarington Rainbow Crosswalk on Liberty Street, west of Bowmanville High School, with funding to be determined in consultation with Kawartha Pineridge District School Board and Durham Region. Carried 16.2 - International Joint Commission Plan Councillor Hooper withdrew the addition of the Agenda Item pertaining to the International Joint Commission Plan. 16.3 - High Street Courtice Resolution #C-289-19 Moved by Councillor Neal, seconded by Councillor Jones Whereas the license agreement with High Street Courtice Limited for the parking lot which is owned by Clarington, only permits a sales pavilion; Whereas there is currently located on the Clarington lands an additional trailer, garbage, and dumpster, which is not permitted under the license agreement; Now therefore be it resolved that Clarington Staff be directed to have the additional trailer, dumpster and garbage removed from the Clarington property within 30 days. Carried 16.4 - Official Opening of Farewell Creek Trail Resolution #C-290-19 Moved by Councillor Jones, seconded by Councillor Neal That Clarington Staff be directed to hold the official opening of the Farewell Creek Trail - Phase 1 on July 10, 2019. Carried - 24 - Clarington- Council Minutes July 2, 2019 16.5 - Farewell Creek Trail — Phase 2 Resolution #C-291-19 Moved by Councillor Neal, seconded by Councillor Jones That the Memo from the Director of Engineering dated July 2, 2019, regarding Farewell Creek Trail Phase 2 - Route Options, be referred to the September 9, 2019, Joint General Government and Planning and Development Committees meeting. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Anderson X Councillor Hooper X Councillor Jones X Councillor Neal X Councillor Traill X Councillor Zwart X Mayor Foster X Item 22 --Personnel Matter 11.1 Confidential Report LGL-008-19 —LPAT Appeal - National Homes (Prestonvale) Inc. 13.3 Confidential Report LGL 007 19 - Legal Advice Pertaining to EFW Host Community Agreement [Referred from the June 17, 2019 General Government Committee Meeting] 13.4 Confidential Verbal Report from the CAO regarding a Personnel Matter Closed Session Resolution #C-292-19 Moved by Councillor Neal, seconded by Councillor Hooper That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: x two matters that deal with personal matters about an identifiable individual, including municipal or local board employees; x a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and x two matters that deal with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried - 25 - Clarington Council Minutes July 2, 2019 Rise and Report The meeting resumed in open session at 1:06 AM with Mayor Foster in the Chair. Mayor Foster advised that four items was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed on a procedural matter and one resolution by passed to provide direction to staff. 11.1 Confidential Report LGL-008-19 —LPAT Appeal - National Homes (Prestonvale) Inc. Resolution #C-293-19 Moved by Councillor Neal, seconded by Councillor Anderson That Confidential Report LGL-008-19 be received; and That the Municipal Solicitor be authorized to consent to the LPAT approval of the draft zoning by-law, substantially in the form attached to Report LGL-008-19, and to execute all documents necessary for that purpose, provided the by-law is agreeable to CLOCA; and That Council will permit National Homes (Prestonvale) Inc. to apply for minor variances to the zoning by-law, if required, pursuant to subsection 45(1.4) of the Planning Act; and That Staff advise the interested parties who were in attendance at the March 15, 2019 LPAT pre-hearing conference of its decision, and work with those parties to address their concerns through the site plan approval process. Carried 13.3 Confidential Report LGL 007 19 - Legal Advice Pertaining to EFW Host Community Agreement Resolution #C-294-19 Moved by Councillor Neal, seconded by Councillor Zwart That Confidential Report LGL-007-19 be received for information. Carried - 26 - Council Minutes cla- n July 2, 2019 17 Confirming By-Law Resolution #C-295-19 Moved by Councillor Hooper, seconded by Councillor Anderson That leave be granted to introduce By-law 2019-050, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 2nd day of July, 2019;and That the said by-law be approved. Carried 18 Adjournment Resolution #C-295-19 Moved by Councillor Neal, seconded by Councillor Jones That the meeting adjourn at 1:08 AM. Carried Mayor Municipal Clerk - 27 -