HomeMy WebLinkAbout2019-07-02 Minutes Clar-in o
n Council
Minutes
July 2, 2019
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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
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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.
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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
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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
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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.
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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
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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.
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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:
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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,
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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;
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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
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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
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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
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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.
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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
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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
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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;
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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;
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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
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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
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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
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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)
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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;
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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
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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
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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
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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
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