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Council Minutes
Date: November 18, 2019
Time: 7:00 PM
Location: 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,
Councillor M. Zwart
Staff Present: A. Allison, G. Acorn, R. Albright, S. Brake, A. Greentree,
F. Langmaid, R. Maciver, M. Marano, T. Pinn, G. Weir,
M. Chambers
1. Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
2. Moment of Reflection
Councillor Traill led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Jones read the meeting land acknowledgement statement.
4. Declaration of Interest
Mayor Foster declared an interest in Section 6.4 to 6.7 of Report CAO -011-19,
Clarington Climate Action Planning (Item 1 n of the General Government
Committee Report).
Councillor Hooper declared an interest in item 10.1 and Confidential Report
CLD -023-19 (Item 3 of the General Government Committee Report).
Councillor Neal declared an interest in Reports COD -025-19 and OPD -007-19
(Items 4 and 8 of the General Government Committee Report).
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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6. Adoption of Minutes of Previous Meeting(s)
6.1 Council Minutes - Minutes of a regular meeting of Council dated
October 28, 2019
Resolution # C-386-19
Moved by Councillor Traill
Seconded by Councillor Neal
That the minutes of the regular meeting of the Council held on October 28, 2019,
be approved.
Carried
7. Presentations
None
8. Delegations
None
9. Communications — Receive for Information
There we no communications for information.
10. Communications — Direction
10.1 Sandra MacDonald regarding Confidential Report CLD -023-19, Taxicab
Drivers Licence Application - Appeal (Item 3 of the General Government
Committee Report)
Councillor Hooper declared an indirect interest in Correspondence Item 10.1
from Sandra MacDonald as the applicant is a former employee of his personal
business. Councillor Hooper left the room and refrained from discussion and
voting on this matter.
Resolution # C-387-19
Moved by Councillor Neal
Seconded by Councillor Jones
That Correspondence Item 10.1 from Sandra MacDonald be referred to the
consideration of Confidential Report CLD -023-19 - Taxicab Drivers Licence
Application (Item 3 of the General Government Committee Report).
Carried
Councillor Hooper returned to the meeting.
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11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Clarington Museum and Archives Board dated October 9,
2019
Resolution # C-388-19
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the minutes of the Clarington Museum and Archives Board dated October 9,
2019, be approved.
Carried
11.1.2 Minutes of the Agricultural Advisory Committee dated October 10, 2019
Resolution # C-389-19
Moved by Councillor Neal
Seconded by Councillor Zwart
That the minutes of the Agricultural Advisory Committee dated October 10, 2019,
be approved.
Carried
11.2 General Government Committee Report of November 4, 2019
Resolution # C-390-19
Moved by Councillor Zwart
Seconded by Councillor Traill
That the recommendations contained in the General Government Committee
Report of November 4, 2019, be approved on consent, with the exception of
items 1 n, 3, 4, 8, 9, 10 and 11.
Carried
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Item 1 n - Report CAO -011-19 - Clarington Climate Action Planning, Sections
6.4 to 6.7
Mayor Foster declared an interest in Item 1 n of the General Government
Committee Report as he is a Member of the Elexicon Board. Mayor Foster left
the room and refrained from discussion and voting on this matter.
Councillor Neal assumed the chair.
Resolution # C-391-19
Moved by Councillor Traill
Seconded by Councillor Zwart
That Report CAO -011-19 - Clarington Climate Action Planning, Sections 6.4 to
6.7, be received for information.
Carried
Mayor Foster returned to the meeting and assumed the chair.
Item 3 - Taxicab Drivers Licence Application — Appeal
Councillor Hooper declared an interest Item 3 of the General Government
Committee Report as that applicant is a former employee of his personal
business. Councillor Hooper left the room and refrained from discussion and
voting on this matter.
Resolution # C-392-19
Moved by Councillor Zwart
Seconded by Councillor Neal
That Confidential Report CLD -023-19 be received;
That Correspondence Item 10.1 be received;
That the application for a taxi driver licence, submitted by Sandra MacDonald, be
approved; and
That all interested parties listed in Report CLD -023-19 and any delegations be
advised of Council's decision.
Motion Referred
Later in the meeting
See following motions
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Closed Session
November 18, 2019
Council Minutes
Councillor Hooper did not participate in the Closed Session discussions related
to this matter.
Resolution # C-393-19
Moved by Councillor Neal
Seconded by Councillor Traill
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing a matter that
deals with personal matters about an identifiable individual, including municipal
or local board employees.
Carried
Rise and Report
The meeting resumed in open session at 7:50 PM.
Mayor Foster advised that one item was discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed to provide direction to staff.
Item 4 - Lease of Office Space on the Second Floor of 132 Church Street,
Bowmanville to the Autism Home Base Durham
Councillor Neal declared an indirect interest in Items 4 and 8 of the General
Government Committee Report as he is a Member of the Board for Home Base
Durham. Councillor Neal left the room and refrained from discussion and voting
on these matters.
Resolution # C-394-19
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report COD -025-19 be received;
That approval be granted to lease to the Autism Home Base, office space located
on the second floor of 132 Church Street for a period of three years beginning
January 1, 2020 and expiring December 31, 2022 and that the lease agreement
is in a form acceptable to the Municipal Solicitor;
That subject to Council approving recommendation 2, the Purchasing Manager in
consultation with the Director of Operations be given the authority to extend the
lease agreement for up to two additional one year terms to expire on
December 31, 2024;
That the Mayor and Municipal Clerk be authorized to execute the lease
agreements on behalf of the Municipality; and
That all interested parties listed in Report COD -025-19 and any delegations be
advised of Council's decision.
Carried
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Item 8 - 132 Church Street, Bowmanville
Resolution # C-395-19
Moved by Councillor Zwart
Seconded by Councillor Jones
That Report OPD-007-19 be received; and
That $20,000 from the Rate Stabilization Reserve Fund be used for building
renovations at 132 Church Street.
Carried
Councillor Neal returned to the meeting.
Item 9 - Vehicle for Hire By-law
Resolution # C-396-19
Moved by Councillor Neal
Seconded by Councillor Jones
That Report CLD -022-19 be received;
That the By-law attached to Report CLD -022-19, as Attachment 1, to regulate the
operation of private transportation services, known as the "Vehicle for Hire
By law" be approved; and
That all interested parties listed in Report CLD -022-19, and any delegations be
advised of Council's decision.
Motion Referred
Later in the meeting
See following motions
Resolution # C-397-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the word "annually" be inserted after the words "vehicle inspection" in
Section 9(d) in Schedule C of the proposed By-law.
Carried
Resolution # C-398-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the following be added to the end of Section 6(f) in Schedule C of the
proposed by-law:
"subject to a right of review by Council"
Carried
Later in the Meeting
See following motion
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Recess
Resolution # C-399-19
Moved by Councillor Traill
Seconded by Councillor Neal
That the Council recess for five minutes.
Carried
The meeting convened at 8:17 PM.
November 18, 2019
Council Minutes
The foregoing Resolution #C-398-19 was then put to a vote and carried.
Resolution # C-400-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the following be inserted at the end of Section 18:
"subject to any right of review by Council for any refusal, cancellation,
revocation or failure to renew decision."
Motion Withdrawn
Resolution # C-401-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the matter be referred back to Staff to determine if a Justice of the Peace
has the jurisdiction to revoke a licence.
Motion Withdrawn
Resolution # C-402-19
Moved by Councillor Neal
Seconded by Councillor Zwart
That the amended Resolution #C-396-19 be referred back to Staff for a report to
be considered at the December 9, 2019, Council meeting.
Carried
Item 10 - Miscellaneous Catch Basin and Maintenance Hole Repairs
Resolution # C-403-19
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report COD -023-19 Miscellaneous Catch Basin and Maintenance Hole
Repairs be referred to the January 6, 2020 General Government Committee
meeting.
Carried
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Item 11 - Bowmanville Tennis Club — Lease Renewal
Resolution # C-404-19
Moved by Councillor Neal
Seconded by Councillor Traill
That Report COD-024-19 be received;
That a lease extension agreement with the Bowmanville Tennis Club for the term
January 1, 2020 to December 31, 2020 be approved and to authorize the Mayor
and the Municipal Clerk to execute the agreement on behalf of the Municipality;
That the current annual rent of $1597.26 be adjusted on the expiry date of the
lease agreement by the annual percentage increase in the Consumer Price
Index, All Items Ontario, as published by Statistics Canada;
That subject to Council approving recommendation 2, the Purchasing Manager in
consultation with the Director of Operations be given the authority to extend the
lease agreement for up to four additional one year terms to expire on December
31, 2024; and
That the Board of the Bowmanville Older Adult Association and the Bowmanville
Tennis Club be advised of Council's decision.
Carried as Amended
See following motions
Resolution # C-405-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the foregoing Resolution #C-404-19 be amended with the following changes
to paragraph four:
"That the words `the Purchasing Manager in consultation with the Director
of Operations, be given the authority to' be replaced with the word `Council
may"'.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Jones, Councillor Neal, and
Councillor Traill
No (2): Councillor Hooper, and Councillor Zwart
Carried (5 to 2)
The foregoing Resolution #C-404-19 was then carried as amended on the
following recorded vote.
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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11.3 Planning & Development Committee Report of November 12, 2019
Resolution # C-406-19
Moved by Councillor Neal
Seconded by Councillor Traill
That the recommendations contained in the Planning and Development
Committee Report of November 12, 2019 be approved on consent, with the
exception of items 1 b, 2 and 5.
Carried
Item 1 b - Confidential Report LGL-015-19 Status of LPAT Appeals of OPA
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Closed Session
Resolution # C-407-19
Moved by Councillor Neal
Seconded by Councillor Zwart
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing a matter that
deals with the following:
x litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
x advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
Carried
Rise and Report
The meeting resumed in open session at 9:44 PM.
Mayor Foster advised that one item was discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed on a procedural matter and two resolutions were passed to provide
direction to staff.
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Item 2 - Proposed Rezoning to Permit East Penn Development of 1840
Energy Drive, Courtice
Resolution # C-408-19
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report PSD -050-19 be received;
That the By-law attached to Report PSD -050-19, as Attachment 1, be approved;
That once all conditions contained in the Official Plan and Zoning By-law with
respect to the removal of the (H) Holding Symbol are satisfied, a By-law
authorizing the removal of the (H) Holding Symbol be approved by Council;
That the Durham Regional Planning and Economic Development Department
and Municipal Property Assessment Corporation be forwarded a copy of Report
PSD -050-19 and Council's decision; and
That all interested parties listed in Report PSD -050-19, and any delegations be
advised of Council's decision.
Carried
Item 5 - Declaration of Surplus Property at the Bowmanville Avenue
Westbound Exit from Highway 401
Resolution # C-409-19
Moved by Councillor Neal
Seconded by Councillor Jones
That Resolution #CPD -006-19, passed in Closed Session to give direction to
staff, be ratified.
Carried
Later in the Meeting
See following motions
Closed Session
Resolution # C-410-19
Moved by Councillor Neal
Seconded by Councillor Jones
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing a matter that
deals with the following:
x advice that is subject to solicitor -client privilege, including communications
necessary for that purpose;
x a proposed or pending acquisition or disposition of land by the municipality
or local board.
Carried
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Rise and Report
The meeting resumed in open session at 9:56 PM.
Mayor Foster advised that one item was discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions
were passed.
The foregoing Resolution #C-410-19 was then put to a vote and carried.
12. Staff Reports
None
13. Business Arising from Procedural Notice of Motion
None
14. Unfinished Business
15. By-laws
Resolution # C-411-19
Moved by Councillor Hooper
Seconded by Councillor Jones
That leave be granted to introduce By-laws 2019-061 to 2019-064; with the
exception of By-law 2019-063.
15.1 2019-061, Being a by-law to designate the property known for municipal
purposes as 120 Wellington St, Municipality of Clarington as a property of
historic or architectural value or interest under the Ontario Heritage Act,
RSO 1990, Chapter 0.18
15.2 2019-062, Being a by-law to designate the property known for municipal
purposes as 2503 Concession Rd 8, Municipality of Clarington as a
property of historic or architectural value or interest under the Ontario
Heritage Act, RSO 1990, Chapter 0.18
15.4 2019-064, Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
None
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17. Other Business
November 18, 2019
Council Minutes
Councillor Traill enquired about the notices sent out by Planning Department
regarding Zone Clarington. She stated that she had some concerns with respect
to a notice and map she received regarding her property. Councillor Traill asked
questions with respect to the contents of the notices.
Councillor Neal enquired about the Uplands Sales Pavilion and is concerned that
a trailer is on valley lands. He asked for information to be provided to the next
General Government Committee regarding the dedication of the valley lands.
Councillor Neal asked if they are required to complete a declaration of interest
form for items at Committee meetings if they were not present at the meeting.
18. Confirming By -Law
Resolution # C-412-19
Moved by Councillor Hooper
Seconded by Councillor Jones
That leave be granted to introduce By-law 2019-065, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 18th day of November, 2019; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-413-19
Moved by Councillor Neal
Seconded by Councillor Hooper
That the meeting adjourn at 10:15 PM.
Carried
Mayor
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Municipal Clerk