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General Government Committee
Minutes
Date:
Time:
Location:
September 9, 2019
9:30 AM
Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, and
Councillor M. Zwart
Staff Present: A. Allison, G. Acorn (left the meeting at 3:35PM), T. Cannella
(left the meeting at 3:35PM), F. Horvath (left the meeting at
3:35PM), R. Maciver, M. Marano, C. Pellarin, T. Pinn (left the
meeting at 3:35PM), G. Weir (left the meeting at 3:35PM),
J. Gallagher, S. Gray
_____________________________________________________________________
1.Call to Order
Mayor Foster called the meeting to order at 9:30 AM.
2.New Business – Introduction
Councillor Neal asked that a new business item, regarding Zone Clarington, be
added to the New Business – Consideration section of the agenda.
Councillor Neal asked that a new business item, regarding St. Mary's Cement
Testing, be added to the New Business – Consideration section of the agenda.
Councillor Neal asked that a new business item, regarding a Personnel Matter,
be added to the New Business – Consideration section of the agenda.
Councillor Neal asked that a new business item, regarding Tooley Road Trees,
be added to the New Business – Consideration section of the agenda.
Mayor Foster asked that a new business item, regarding Zone Clarington, be
added to the New Business – Consideration section of the agenda.
Joint Committees Minutes - September 9, 2019
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3. Adopt the Agenda
Resolution # JC-078-19
Moved by Councillor Jones
Seconded by Councillor Hooper
That the Agenda for the General Government and Planning and Development
Committees meeting of September 9, 2019 be adopted with the addition of the
new business items regarding:
Delegation of Katherine Warren
Zone Clarington
Tooley Road Trees
St. Mary's Cement
Personnel Matter
Carried
4. Declaration of Interest
Councillor Neal declared a direct interest in Report PSD-038-19, Residential
Neighbourhood Character Study Update and Extension of Interim Control By-law
2018-083.
Councillor Zwart declared a direct interest in Report PSD-038-19, Residential
Neighbourhood Character Study Update and Extension of Interim Control By-law
2018-083.
Councillor Zwart declared a direct interest in Report PSD-039-19, Exemption
Request for 10 Victoria Street from Interim Control By-law.
Councillor Hooper declared a direct interest in Report CLD-018-19, Parking in
Municipal Parking Lots, Parking in Municipal Parking Lots.
5. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
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6. Adoption of Minutes of Previous Meeting
6.1 Minutes of a Regular General Government Meeting of June 17, 2019
6.2 Minutes of a Regular Planning and Development Meeting of June 24,
2019
Resolution # JC-079-19
Moved by Councillor Traill
Seconded by Councillor Neal
That the minutes of the meetings of the General Government Committee meeting
held on June 17, 2019 and the Planning and Development Committee meeting
held on June 24, 2019, be approved.
Carried
7. Public Meetings
Councillor Neal Chaired this portion of the Agenda.
7.1 Application for a Proposed Clarington Official Plan and Zoning By-law
Amendment
Applicant: Werrcroft Farms Ltd.
Report: PSD-032-19
Location: 8800 Middle Road, Darlington
In the interest of expediency, Councillor Neal asked whether there was anyone
present to speak in opposition to or in support of the application.
No one was present to speak in opposition to or in support of the application. As
a result, the Planner did not make a presentation.
Hugh Stewart, was present on behalf of the applicant. He stated that he was
available to answer questions from the Committee.
8. Delegations
8.1 Scott Parnell, Canadian Nuclear Laboratories, Regarding Port Granby
Project Update
Scott Parnell, General Manager, Canadian Nuclear Laboratories, was present
regarding a Port Granby Project Update. He made a verbal presentation to
accompany an electronic presentation. Mr. Parnell displayed a recent photo of
the long term waste management facility site. He noted that they are continuing
excavation and aim to be done by the end of November 2019. Mr. Parnell
summarized the current work, future work, and the project schedule. He advised
the Committee that their Canadian Nuclear Safety Commission Waste Nuclear
Substance Licence was amended, in April, to reflect current release limits of
treated water. Mr. Parnell mentioned that there will be two to five trucks a week,
over the next couple years, transporting waste from the facility. He displayed
Joint Committees Minutes - September 9, 2019
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photos of legacy waste management facilities that have been completed and
revegetated. Mr. Parnell concluded by advising the Committee of the future
plans. He answered questions from the Committee.
Councillor Neal left the meeting at 9:50 am.
Councillor Neal joined the meeting at 9:52 am.
Resolution # JC-080-19
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Delegation of Scott Parnell, General Manager, Canadian Nuclear
Laboratories, regarding a Port Granby Update, be received with thanks.
Carried
8.2 Ornella Richichi, The Torgan Group, Report PSD-034-19 Regarding Request
for Surplus Lands-Bowmanville Avenue
Ornella Richichi, The Torgan Group, was present regarding Report PSD-034-19,
Request for Surplus Lands Bowmanville Avenue. She advised the Committee
that they are requesting that the adjacent municipal lands be incorporated into
their development. Ms. Richichi stated that they will consult with Municipal staff
to include a "Welcome to Clarington" sign. She advised the Committee that they
are willing to work with staff to design a mutually acceptable landscape. Ms.
Richichi requested that the lands be transferred back to Torgan Group at no
cost. She answered questions from the Committee.
8.3 Ken Hoy, Amanda Hoy and Gord Wallace, Regarding Report PSD-039-19
Exemption Request for 10 Victoria Street from Interim Control By-law
Councillor Zwart declared an indirect interest on the Delegation of Ken Hoy and
Gord Wallace, Regarding Report PSD-039-19, Exemption Request for 10
Victoria Street from Interim Control By-law. Councillor Zwart left the room and
refrained from discussion and voting on this matter.
Ken Hoy and Gord Wallace, were present regarding Report PSD-039-19
Exemption Request for 10 Victoria Street from Interim Control By-law. Mr. Hoy
provided the Committee with a history of his application for 10 Victoria Street and
a history of the plan of subdivision. He explained that 10 Victoria Street is not
unregistered, according to By-law 1614. Mr. Hoy displayed a plan of subdivision
from June 30, 1869 and highlighted the subdivision in question. He answered
questions from the Committee.
Councillor Zwart returned to the meeting.
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8.4 Jim Boate, Regarding Unfinished Business Item 23.1 Farewell Creek Trail
Phase 2 - Route Options
Jim Boate, was present regarding Unfinished Business Item 23.1, Farewell Creek
Trail Phase 2 - Route Options. Mr. Boate made a verbal presentation to
accompany an electronic presentation. He explained that he has explored the
connectivity of our community paths and trails that define the neighbourhoods in
Clarington. Mr. Boate noted that he regularly walks the Municipality of
Clarington's trails with Active 55+ seniors from April to September. He advised
the Committee that as a member of the Clarington Active Transportation and
Safe Roads Committee, he is in support of the proposed Farewell Creek Trail
Phase 2 route. Mr. Boate explained that one of the major challenges on Phase -2
is getting up out of the valley and connecting to Townline Road. He advised the
Committee that the route shown at the open house is the most practical way up
and out. Mr. Boate noted that this option offers a gentle climb up to the street
level, it will be more accessible to users with mobility devices, it has large radius
turns, it takes into account the least amount of existing tree removal, and is the
most cost effective. He displayed maps that show the proposed trail. Mr. Boate
answered question from the Committee.
8.5 Ryan Guetter, Weston Consulting, Regarding Report PSD-033-19
Expansion of Clarington Energy Business Park Secondary Plan Study Area
to include the Courtice Waterfront
Ryan Guetter, Weston Consulting, was present regarding Report PSD-033-19,
Expansion of Clarington Energy Business Park Secondary Plan Study Area to
include the Courtice Waterfront. He explained that he was present on behalf of
the owners and, after working with staff, they support the recommendations
contained in the Report. Mr. Guetter noted that they will continue to work with
staff and stakeholders throughout the application process. He answered
questions from the Committee.
Councillor Hooper left the meeting at 10:37 am.
Councillor Hooper joined the meeting at 10:40 am.
8.6 Ryan Guetter, Weston Consulting, Regarding Report PSD-036-19
Application by National Homes (Prestonvale) Inc. to permit a 112 unit
townhouse development at the northeast corner of Prestonvale Road and
Bloor Street, Courtice
Ryan Guetter, Weston Consulting, was present regarding Report PSD-036-19,
Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse
development at the northeast corner of Prestonvale Road and Bloor Street,
Courtice. He explained that, after review of the staff report, he is in support of
the staff recommendations. He answered questions from the Committee.
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8.7 Katherine Warren, Regarding Report PSD-035-19, Intent to Pursue Heritage
Designation for two (2) Properties: 120 Wellington Street, Bowmanville and
2503 Concession Road 8, Haydon
Katherine Warren, was present regarding Report PSD-035-19, Intent to Pursue
Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville
and 2503 Concession Road 8, Haydon. Ms. Warren explained that she was
present in support of the staff recommendations contained in Report PSD-025-
19. She answered questions from the Committee.
Recess
Resolution # JC-081-19
Moved by Councillor Traill
Seconded by Councillor Neal
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 11:20 AM with Mayor Foster in the Chair.
9. Communications – Receive for Information
9.2 Minutes of the Solina Community Hall Board dated June 20, 2019
Resolution # JC-082-19
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Items 9.1 to 9.4, be received for information, with the
exception of items 9.1, 9.3 and 9.4.
Carried
9.1 Minutes of the Newcastle Business Improvement Area dated April 11,
May 9, June 13 and August 8, 2019
Resolution # JC-083-19
Moved by Councillor Neal
Seconded by Councillor Traill
That Communication Item 9.1, be received for information.
Carried
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9.3 Durham Region Report #2019-EDT-10, Durham Economic Development
Partnership Strategic Priorities
Resolution # JC-084-19
Moved by Councillor Neal
Seconded by Councillor Hooper
That Communication Item 9.3, be received for information.
Carried
9.4 Mary Watson, Board of Director, Bawaajigewin Aboriginal Community
Circle (BACC), regarding Orange Shirt Day
Resolution # JC-085-19
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Communication Item 9.4, be received for information; and
That a copy be forwarded to the Diversity Committee.
Carried
10. Communications – Direction
10.1 Bradley Archambault, Regarding Bill 66 Restoring Ontario's
Competitiveness Act
Resolution # JC-086-19
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Item 10.1, be referred to staff to Report back.
Carried
10.2 Tammy Wylie, Clerk Administrator, Township of McKellar, Regarding
Municipal Amalgamation
Resolution # JC-087-19
Moved by Councillor Neal
Seconded by Councillor Traill
That Communication Item 10.2, be received for information.
Carried
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10.3 Amanda Gubbels, Administrator/Clerk, Town of Warwick, Regarding
Enforcement for Safety on Family Farms
Resolution # JC-088-19
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the following resolution from the Town of Warwick, regarding Enforcement
for Safety on Family Farms, be endorsed by the Municipality of Clarington:
Whereas agriculture is the second largest industry in Ontario, contributing
$13.7 billion annually to Ontario’s GDP and is essential for putting food on
the tables of millions of people here and around the world;
And whereas in recent months there has been a steady increase in
harassment of farmers and livestock transporters by activists opposed to
animal agriculture and the consumption of animals;
And whereas the protests have become blatantly illegal in nature with
extremist groups trespassing onto private property, unlawfully entering into
buildings and removing animals without fear of prosecution and even
promoting and publishing their crimes on social media;
And whereas maintaining proper biosecurity is essential to ensure the
health and well-being of the animals cared for on these agricultural
operations;
And whereas the recent attacks on farmers homes and businesses have
resulted in no criminal charges laid, leaving farmers feeling unprotected by
the Ontario legal system and afraid for the welfare of themselves, their
families, their employees and the animals they care for;
Now therefore be it resolved that the Council for the Corporation of the
Township of Warwick requests that Hon. Doug Downey work with his
fellow MPP’s and agricultural leaders to find a better way forward to
ensure stronger enforcement of existing laws - or new legislation - to
ensure the safety of Ontario’s farm families, employees and animals;
And be it further resolved that this motion be circulated to Hon. Doug
Downey, Ministry of the Attorney General, Hon. Doug Ford, Premier of
Ontario, Hon. Sylvia Jones, Solicitor General and Hon. Ernie Hardeman,
Minister of Agriculture, Food and Rural Affairs and all Municipalities in the
Province of Ontario, AMO, and ROMA.
Carried
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10.4 Mary Medeiros, Interim City Clerk, City of Oshawa, Regarding Fire Safety
during Construction Period of Wood Buildings
Resolution # JC-089-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the following resolution from the City of Oshawa, regarding Fire Safety
during Construction Period of Wood Buildings, be endorsed by the Municipality of
Clarington:
Whereas in January of 2015, the Ontario Building Code was amended to
allow building up to six stories in height to be constructed of wood; and,
Whereas a building permit for the construction of a 14 unit, 4 storey, wood
framed apartment building at 143 Bloor Street West was issued on
November 30, 2018 in accordance with the regulations of the Ontario
Building Code; and,
Whereas during the construction period, a significant fire occurred at 143
Bloor Street West on June 9, 2019 which resulted in the destruction of the
building under construction save and except for the concrete stairwell;
and,
Whereas the exterior cladding and balconies of neighbouring buildings
and several nearby cars were also severely damaged as a result of the
fire and residents in nearby buildings had to be evacuated; and,
Whereas current Provincial Best Practice Safety Guidelines for the
construction of buildings applies only to five and six storey wood buildings
and is not applicable law; and,
Whereas the Province is contemplating permitting 12-storey buildings with
wood construction; and,
Whereas both the City’s Chief Building Official and the Fire Chief strongly
believe that the potential changes need to be reviewed and implemented
by the Province to better protect the safety of the public and Fire Services
staff for buildings that are 4 storeys or higher that are under construction
and made of wood including a requirement for 24 hour security during the
construction period;
Therefore be it resolved:
1. That the Province of Ontario be requested to:
a. Review the Best Practice Guideline entitled ‘Fire Safety during
Construction for Five and Six Storey Wood Buildings in Ontario – A
best Practice Guideline’ to ensure it is current and meets the fire
safety needs of Ontario residents and require the Guideline to be
mandatory as applicable law for the construction of all wood
buildings with four or more storeys; and,
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b. Clarify that these requirements would not apply to wood build ings
regulated under Part-9 of the Ontario Building Code, such as,
townhouses, semi-detached and single detached dwellings that are
three storeys or less in height; and
c. Consult with the Large Municipalities Chief Building Officials group
(LMCBO) and the Ontario Building Officials Association (OBOA) on
changes to legislation including the Ontario Building Code to
address this safety issue; and
2. That a copy of this Resolution be forwarded to the Region of Durham,
all Durham Regional municipalities, all Durham Region M.P.’s and
M.P.P’s, the Association of Municipalities of Ontario, the Large Urban
Mayor’s Caucus of Ontario, the Federation of Canadian Municipalities,
the Large Municipalities Chief Building Officials group, the Ontario
Building Officials Association, the Ontario Association of Fire Chiefs
and the City’s Building Industry Liaison Team.
Carried
10.5 Bob Malone, Immediate Past President Newcastle/Bond Head Ratepayers
Association, Regarding Train Whistle Cessation
Resolution # JC-090-19
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Communication Item 10.5, be referred to the Director of Engineering.
Carried
11. Presentations
No Presentations
12. Planning Services Reports
Councillor Neal chaired this portion of the Agenda.
12.1 PSD-032-19 Applications by Werrcroft Farms Ltd. to amend the Clarington
Official Plan and Zoning By-law 2005-109 to facilitate a surplus farm
dwelling severance at 8800 Middle Road, Darlington
Resolution # JC-091-19
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report PSD-032-19 be received;
That the Official Plan Amendment and Zoning By-law Amendment applications
submitted by Werrcroft Farms Ltd. continue to be processed and that a
subsequent report be prepared; and
Joint Committees Minutes - September 9, 2019
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That all interested parties listed in Report PSD-032-19 and any delegations be
advised of Council’s decision.
Carried
12.2 PSD-033-19 Expansion of Clarington Energy Business Park Secondary Plan
Study Area to include the Courtice Waterfront
Resolution # JC-092-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report PSD-033-19 be received;
That staff be authorized to include the Courtice Waterfront as part of the
Clarington Energy Business Park Secondary Plan Update;
That staff be authorized to engage Urban Strategies In c. for the additional work
provided that all costs are funded by the Courtice Waterfront landowners;
That the Director of Planning Services be authorized to execute the necessary
cost-recovery agreements;
That the cost recovery agreements with the landowne rs require payment of
100% of the costs of the preparation of the Secondary Plan, including
consultants and municipal resources such as review time from various
departments, project management and administration costs; and
That all interested parties for Report PSD-033-19, any delegations and the
Region of Durham Planning and Economic Development Department be notified
of Council’s Decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried Later in the Meeting on a Recorded Vote (4 to 3)
Resolution # JC-093-19
Moved by Mayor Foster
Seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing resolution for a second time.
Carried
The foregoing resolution #JC-092-19, was then put to a recorded vote and
carried.
Joint Committees Minutes - September 9, 2019
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12.3 PSD-034-19 Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Highway 401
Resolution # JC-094-19
Moved by Mayor Foster
Seconded by Councillor Jones
That Report PSD-034-19, be referred to the next Regular Council Meeting dated
September 16, 2019.
Referred
12.4 PSD-035-19 Intent to Pursue Heritage Designation for two (2) Properties:
120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon
Resolution # JC-095-19
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Report PSD-035-19 be received;
That the Clerk issue a Notice of Intention to Designate 120 Wellington Street,
Bowmanville, as a cultural heritage resource under Part IV of the Ontario
Heritage Act pursuant to the provisions of the Ontario Heritage Act;
That the Clerk issue a Notice of Intention to Designate 2503 Concession Road 8,
Haydon (Darlington) as a cultural heritage resource under Part IV of the Ontario
Heritage Act pursuant to the provisions of the Ontario Heritage Act;
That depending on the response to the Notice of Intention to Designate, the Clerk
either prepare the necessary by-law(s) or report back to Council regarding
objection(s) received; and
That the interested parties listed in Report PSD-035-19 and any delegations, be
advised of Council’s decision.
Carried
12.5 PSD-036-19 Application by National Homes (Prestonvale) Inc. to permit a
112 unit townhouse development at the northeast corner of Prestonvale
Road and Bloor Street, Courtice
Resolution # JC-096-19
Moved by Mayor Foster
Seconded by Councillor Jones
That Report PSD-036-19 be received;
That the application for Draft Plan of Subdivision (S-C-2017-0010) submitted by
National Homes (Prestonvale) Inc. be supported subject to conditions as
generally contained in Attachment 1 to Report PSD-036-19;
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13
That no further public meeting is required for future application for Common
Elements Condominium;
That the Durham Regional Planning and Economic Development Department
and Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-036-19 and Council’s decision; and
That all interested parties listed in Report PSD-036-19 and any delegations be
advised of Council’s decision.
Referred Later in the Meeting, see following motions
Suspend the Rules
Resolution # JC-097-19
Moved by Mayor Foster
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the meeting for an
additional 10 minutes.
Carried
Resolution # JC-098-19
Moved by Mayor Foster
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing resolution for a second time.
Carried
Resolution # JC-099-19
Moved by Councillor Jones
Seconded by Councillor Traill
That Report PSD-036-19 be referred to Staff for a report back to the next
Planning and Development Committee Meeting dated September 30, 2019.
Yes (5): Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and
Councillor Zwart
No (2): Mayor Foster, and Councillor Anderson
Carried (5 to 2)
Joint Committees Minutes - September 9, 2019
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Suspend the Rules
Resolution # JC-100-19
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to extend the meeting for an
additional 5 minutes.
Carried
Recess
The Committee recessed for the scheduled break until 1:00 PM.
The meeting reconvened at 1:04 PM with Mayor Foster in the Chair.
12.6 PSD-038-19 Residential Neighbourhood Character Study Update and
Extension of Interim Control By-law 2018-083
Councillor Neal declared a direct interest in Report PSD-038-19. Councillor Neal
left the room and refrained from discussion and voting on this matter.
Councillor Zwart declared a direct interest in Report PSD-038-19. Councillor
Zwart left the room and refrained from discussion and voting on this matter.
Mayor Foster chaired this portion of the Agenda.
Resolution # JC-101-19
Moved by Councillor Traill
Seconded by Councillor Anderson
That Report PSD-038-19 be received;
That the Interim Control By-law Amendment attached to Report PSD-038-19, as
Attachment 1, be approved;
That notice of the passing of the Interim Control By-law Amendment be given in
accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as
amended; and
That all interested parties listed in Report PSD-038-19 and any delegations be
advised of Council’s decision.
Carried
Joint Committees Minutes - September 9, 2019
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12.7 PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control
By-law
Councillor Neal returned to the meeting and chaired this portion of the Agenda.
Councillor Zwart declared a direct interest in Report PSD-039-19. Councillor
Zwart left the room and refrained from discussion and voting on this matter.
Councillor Hooper left the meeting at 1:06 pm.
Councillor Hooper joined the meeting at 1:08 pm.
Resolution # JC-102-19
Moved by Councillor Traill
Seconded by Councillor Anderson
That Report PSD-039-19 be received;
That the request from Ken Hoy for an exemption to Interim Control By-law
2018-083 for 10 Victoria Street be approved;
That the request from Ken Hoy for an exemption to the Part Lot Control By-law
for 10 Victoria Street be approved; and
That all interested parties listed in Report PSD-039-19 and any delegations be
advised of Council’s decision.
Referred
Resolution # JC-103-19
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Report PSD-039-19, be referred to staff for a report to the Planning and
Development Committee Meeting dated September 30, 2019.
Carried
Councillor Zwart returned to the meeting
13. Engineering Services Department Reports
No Reports for this section of the Agenda.
14. Operations Department Reports
No Reports for this section of the Agenda.
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15. Emergency and Fire Services Department Reports
Councillor Zwart chaired this portion of the Agenda.
15.1 ESD-006-19 Memorandum of Understanding – Ontario Power Generation
Resolution # JC-104-19
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report ESD-006-19 be received;
That the conditions outlined in the Memorandum of Understanding with Ontario
Power Generation, for Fire Protection and Community Emergency Management
(Attachment 1 to Report ESD-006-19), be endorsed; and
That the Mayor and Clerk be authorized to enter into the Memorandum of
Understanding with Ontario Power Generation for Fire Protection and Community
Emergency Management (Attachment 1 to Report ESD-006-19).
Carried
16. Community Services Department Reports
No Reports for this section of the Agenda.
17. Municipal Clerk’s Department Reports
Councillor Jones chaired this portion of the Agenda.
17.1 CLD-017-19 Accessible Canada Act
Resolution # JC-105-19
Moved by Mayor Foster
Seconded by Councillor Jones
That Report CLD-017-19 be received; and
That all interested parties listed in Report CLD-017-19, and any delegations be
advised of Council’s decision.
Carried
17.2 CLD-018-19 Parking in Municipal Parking Lots
Councillor Hooper declared an indirect interest on Report CLD-018-19. He left
the meeting and refrained from discussion and voting on this matter.
Resolution # JC-106-19
Moved by Councillor Traill
Seconded by Councillor Neal
That Report CLD-018-19 be referred back to staff to seek input (written or by
delegation) from the Bowmanville Business Improvement Area regarding a
possible increase to the cost at the parking meters; and
Joint Committees Minutes - September 9, 2019
17
That the matter of the parking meters be easily severable from the
recommendations of the Parking Lots in the report.
Carried
Councillor Hooper returned to the meeting.
Suspend the Rules
Resolution # JC-107-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the Rules of Procedure be suspended to add an additional item to the
Agenda.
Carried
In-House Apartment Registration
Resolution # JC-108-19
Moved by Councillor Traill
Seconded by Councillor Anderson
That staff be directed to report on in-house apartment registration to advise
whether there are enforcement measures in place for non-registration and, if not,
to make proposals for enforcement.
Carried
18. Corporate Services Department Reports
Mayor Foster chaired this portion of the Agenda.
18.1 COD-013-19 Council Awards during Council Recess
Resolution # JC-109-19
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report COD-013-19 be referred to the General Government Committee
Meeting dated October 15, 2019.
Referred
Joint Committees Minutes - September 9, 2019
18
19. Finance Department Reports
19.1 FND-022-19 Financial Update as at June 30, 2019
Resolution # JC-110-19
Moved by Councillor Hooper
Seconded by Councillor Neal
That Report FND-022-19 be received for information.
Carried
19.2 FND-023-19 2020 Budget Guidelines
Resolution # JC-111-19
Moved by Councillor Neal
Seconded by Councillor Traill
That Report FND-023-19 be received;
That Staff prepare a draft budget with a target municipal increase of 2%;
That Staff include within the draft budget requests for funding from external
agencies up to a maximum limit of 2%;
That the 2020 Budget Schedule as outlined within the report be approved and
that the Clerk establish the meeting dates;
That the Budget Policy (G14) be amended to include that the budget ratification
shall be targeted for the second Council meeting of any given year; and
That all interested parties listed in Report FND-023-19, and any delegations be
advised of Council’s decision.
Yes (4): Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
No (3): Mayor Foster, Councillor Anderson, and Councillor Hooper
Carried (4 to 3)
20. Solicitor’s Department Reports
No Reports for this section of the Agenda.
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21. Chief Administrative Office Reports
21.1 CAO-009-19 Possible Merger of the Clarington Public Library Board and
Clarington Museum and Archives Board
Resolution # JC-112-19
Moved by Councillor Hooper
Seconded by Councillor Neal
That Report CAO-009-19 be received;
That Council direct staff to work towards merging the Clarington Public Library
Board and the Clarington Museum and Archives Board, effective January 1,
2020, in the manner set out in this report; and
That the Clarington Public Library Board and the Clarington Museum and
Archives Board be advised of Council's decision.
Carried
22. New Business – Consideration
22.1 Motion to Move the Planning and Development Committee of November 11,
2019
Resolution # JC-113-19
Moved by Councillor Neal
Seconded by Councillor Jones
That the meeting schedule for the term of Council 2018-2022, as approved by
Resolution #C-246-19, be amended to move the Planning and Development
Committee of November 11, 2019 meeting to November 12, 2019; and
That the published schedules be updated accordingly.
Carried
22.2 Motion to Build a New Long-term Care Facility on the Rekker Property
Resolution # JC-114-19
Moved by Councillor Hooper
Seconded by Councillor Jones
Whereas the Government of Ontario announced in October 2018 that Clarington
would receive 125 net-new long-term care bed licenses to service our ageing
population;
Whereas the recipient of the bed licenses, Durham Christian Homes Inc., has
indicated its intention to create a new facility in Clarington, which will combine the
new licenses and those from the existing Glen Hill Strathaven facility, which must
cease to operate by June of 2025;
Whereas Durham Christian Homes Inc. underwent an extensive campaign to find
an appropriate site in Clarington to build the new facility, culminating in an offer
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from Rekker’s Garden Center to sever and donate a 3.25 acre parcel of their land
at no cost;
Whereas land is often one of the most expensive costs in construction of a long -
term care facility, this donation was a major boon for the project;
Whereas Durham Christian Homes Inc. has begun the process to move ahead
with development, but been faced with planning restrictions as a long -term care
facility is not currently permitted by the Region’s Official Plan, or by the
Municipality’s Official Plan and Zoning By-law on the Rekker property;
Whereas consideration could be given to expanding the Bowmanville Urban
Boundary through the Regional Municipal Comprehensive Review (MCR) as the
proposed property abuts the current urban boundary;
Whereas the MCR is currently underway, but will not be completed until at least
mid-2022, which would make a June 2025 completion unfeasible;
Whereas the Ministry of Health and Long-Term Care has provided clear timelines
for the bed licenses to be operational, there is a serious risk that bed licenses
may be lost;
Whereas water and sewer servicing can readily be extended to the site due to
the close proximity to the Bowmanville Urban Boundary;
Whereas the Government of Ontario understands the dire need to build long-
term care beds in order to ease pressure on hospitals so they can be ready for
an ageing population with complex care needs; and
Whereas the Government of Ontario supported the Tollendale Village 2 project in
Innisfil by enacting a Ministerial Zoning Order in an effort “unlock land” and
provided a Ministerial Zoning Order to keep a similar project from being in limbo.
Therefore be it resolved;
That, Clarington Council fully supports Durham Christian Homes Inc. in its effort
to build a new long-term care facility on the Rekker property, abutting the
Bowmanville Urban Boundary; and
That, based upon the increasingly tight timeline and positive social benefit of the
project, the Minister of Municipal Affairs and Housing provide a Ministerial Zoning
Order to enable this proposal to proceed.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, Councillor Traill, and Councillor Zwart
Carried (7 to 0)
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22.3 Zone Clarington – Environmental Review Area & Minimum Vegetation
Protections Zone
Resolution # JC-115-19
Moved by Councillor Neal
Seconded by Councillor Zwart
That staff be directed to delete the Environmental Review Area (90 metres) and
Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law
amendment.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, Councillor Traill, and Councillor Zwart
Carried (7 to 0)
Resolution # JC-116-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing resolution for a second time.
Carried
The foregoing Resolution #JC-115-19 was then put to a vote and carried.
22.4 Zone Clarington – Environmental Protection Areas
Resolution # JC-117-19
Moved by Councillor Neal
Seconded by Councillor Traill
Whereas a draft zoning by-law for the rural portions of the Municipality of
Clarington was released in November 2018 for comment; and
Whereas there has been much concern with respect to the zoning of
Environmental Protection (EP) Areas in the draft zoning by-law; and
Whereas the Provincial Policy Statement (PPS) has been issued for review and
comment; and
Whereas the proposed East Gwillimbury Zoning By-law has been appealed to
the Local Planning Appeal Tribunal (LPAT); and
Whereas Bill 108 proposes to amend the Conservation Authorities Act and
regulations, and the Conservation Authorities (CAs) have been advised to restrict
their services to core functions.
Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington,
advised members of the public and municipal Councillors present, that as a
Provincial Policy Statement is being reviewed by the Minister of Municipal Affairs,
and movement to move forward on EP zoning would be irresponsible;
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Now therefore be it resolved that:
1. Planning Services Staff be instructed to pause their work on the rural portion
of Zone Clarington for a period of three months, until (a) a decision has been
rendered for the East Gwillimbury LPAT case; (b) there is greater clarity on
the PPS revisions; and (c) it is confirmed that the CAs will have capacity to
assist with review of natural heritage features;
2. Staff report back within 3 months on any changes that have taken place with
respect to paragraph (1);
3. Staff report back on September 30, 2019 on the process for municipal led
Official Plan amendments to the Clarington Official Plan, for correcting errors
in EP designations at no cost to the landowners;
4. Staff report back to the September 30, 2019 on notifying landowners of the
EP changes which took place in the recent Official Plan amendments, as well
as EP changes for Zone Clarington; and
5. The inspection of properties by municipal staff continue where requested by
landowners.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, Councillor Traill, and Councillor Zwart
Carried (7 to 0)
Recess
Resolution # JC-118-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 3:10 PM with Mayor Foster in the Chair.
22.5 Tooley Road Trees
Resolution # JC-119-19
Moved by Councillor Neal
Seconded by Councillor Jones
That staff report back to the Council meeting of September 16, 2019 as to
whether trees on Tooley Road can be protected by an Environmental Protection
(EP) designation.
Carried
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22.6 St. Marys Cement
Resolution # JC-120-19
Moved by Councillor Neal
Seconded by Councillor Traill
Whereas St. Marys Cement has commenced an application to burn 400 tonnes
daily of Low Alternative Carbon Fuels, and at the same time, Durham Region is
drafting Terms of Reference to expand the Energy From Waste to 250,000
tonnes annually; and
Now therefore be it resolved that St. Marys Cement and the Ministry of the
Environment, Conservation and Parks be requested to have ambient air
monitoring for St. Marys Cement which is consistent with the ambient air
monitoring for the Energy From Waste, including, PM 2.5.
Carried
22.7 Personnel Matter
Councillor Neal did not introduce the New Business Item regarding a Personnel
Matter.
23. Unfinished Business
23.1 Memo from the Director of Engineering dated July 2, 2019, regarding
Farewell Creek Trail Phase 2 - Route Options [Referred from the July 2,
2019 Council meeting]
Resolution # JC-121-19
Moved by Councillor Neal
Seconded by Councillor Jones
That Unfinished Business Item 23.1, Memo from the Director of Engineering
dated July 2, 2019, regarding Farewell Creek Trail Phase 2 - Route Options, be
received for information.
Carried Later in the Meeting, see following motion
Resolution # JC-122-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing resolution for a second time.
Carried
The foregoing Resolution #JC-121-19 was then put to a vote and carried.
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24. Confidential Reports
24.1 LGL-009-19 Durham Region Smoke-Free By-law 28-2019
Resolution # JC-123-19
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report LGL-009-19, be received for information.
Carried
Closed Session
Resolution # JC-124-19
Moved by Councillor Neal
Seconded by Councillor Anderson
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing matters that deal
with the following:
advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
a proposed or pending acquisition or disposition of land by the municipality or
local board; and
personal matters about an identifiable individual, including municipal or local
board employees.
Carried
Rise and Report
The meeting resumed in open session at 4:48 PM.
Mayor Foster advised that two items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 three resolutions were
passed on procedural matters and one resolution was passed to provide
direction to staff.
24.2 PSD-037-19 Acquisition of Lands
Resolution # JC-125-19
Moved by Councillor Traill
Seconded by Councillor Hooper
That the recommendations, contained in Confidential Report PSD -037-19, be
approved.
Carried