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Council Minutes
Date: January 20, 2020
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 until 9:10
PM, Councillor M. Zwart
Staff Present: A. Allison, G. Acorn, S. Brake, R. Maciver, M. Marano, T. Pinn, G.
Weir, A. Greentree M. Chambers
1. Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
2. Moment of Reflection
Councillor Zwart led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Zwart recited the land acknowledgement statement.
4. Declaration of Interest
Councillor Hooper declared a direct interest in Item 21 of the General
Government Committee Report, Memo from Anne Greentree, Municipal Clerk,
regarding Correspondence Item 10.1 and Item 3 of General Government Report
Dated November 4, 2019 - Report CLD -023-19 Regarding Taxicab Drivers
Licence Application - Appeal.
Councillor Neal declared an indirect interest in Item 2 of the Planning and
Development Committee Report PSD -001-20, Proposed Official Plan
Amendment and Rezoning to Implement the Bowmanville Neighbourhood
Character Study.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting(s)
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6.1 Minutes of a regular meeting of Council dated December 9, 2019
Resolution # C-001-20
Moved by Councillor Traill
Seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on December 9,
2019, be approved.
Carried
7. Presentations
7.1 Clarington Knights Bantam Football Team - 2019 OFL Champions
Mayor Foster presented Certificates of Recognition to the following members of
the Clarington Knights Bantam Football Team for winning 2019 OFL
Championship: Liam Loisel, Austin Hopmans, Noah James, Christiano Ciancone,
Matt Seiffert, Luke Pennie, Aiden Mcmillan, Carter Hardy, George Tzinis, Jean -
Sebastian Baril, Liam Anderson, Michael Dennis-Beamish, Ryland Thomson,
Trentin Richardson, Owen Belfry, Oliver Sottile, Logan Woolsey, Ashley Lalonde,
Sheri Stil, Team Manager, Shane James, Head Coach, Dale James, Coach,
Scott Williamson, Coach, Noah Kowch, Junior Coach and Connor Hume, Junior
Coach. Mayor Foster also recognized Jean -Francois Baril, Coach, Aiden Taylor,
Cody O'Hara, Junior Coach and Evan James, Junior Coach who were not in
attendance.
8. Delegations
8.1 Sarah Delicate regarding United Shorelines Ontario (USO) Information
Session (Item 19 of the General Government Committee Report)
Sarah Delicate was present regarding United Shorelines Ontario (USO)
Information Session (Item 19 of the General Government Committee
Report). She made a verbal presentation to accompany an electronic
presentation. Ms. Delicate noted she was present to discuss the upcoming USO
information session event taking place in the Region of Durham. She highlighted
some of the key facts related to Plan 2014. Ms. Delicate provided a comparison
with a graph of the Old Plan (1958DD) and the New Plan 2014. She noted that
there has been a change to 4 feet to 7 feet range in additional to 1/2 to 2 meter
waves. Ms. Delicate explained that there are three major areas of concern
including the trigger levels, the F -Limit and the L -Limit. She explained the trigger
levels do not allow for enough time to avoid disaster. Ms. Delicate noted that the
F -Limit does not have an even distribution and there is a hard stop for Montreal
and not Lake Ontario. She reviewed the L -Limit and how it relates to the
shipping industry and protect other stakeholders and are not balanced. Ms.
Delicate expressed the importance of the criteria in H14 and reviewed the past
and projected outflows from 2017 to 2019.
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Resolution # C-002-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to the delegation of Sarah Delicate
for an additional two minutes.
Carried
Ms. Delicate continued by reviewing the United Shoreline asks. Ms. Delicate
concluded by asking the Municipality of Clarington to join Ajax in hosting the High
Water/ Flood talks being held on January 30, 2020, which includes Clarington's
name being used in marking and outreach. She also asked that the Clarington
Emergency Services and Operations present a 10-15 minute presentation on
Emergency Management. Ms. Delicate answered questions from the Members
of Council.
Alter the Agenda
Resolution # C-003-20
Moved by Councillor Traill
Seconded by Councillor Neal
That the Agenda be altered to consider Item 19 of the General Government
Committee Report - United Shorelines Ontario (USO) Information Session, at this
time.
Carried
8.2 General Government Committee Report - Item 19 - United Shorelines
Ontario (USO) Information Session
Resolution # C-004-20
Moved by Councillor Traill
Seconded by Councillor Neal
That Clarington issue a media advisory regarding the USO information session
being held at the Audley Recreation Centre, 1900 Audley Road, Ajax, Ontario,
from 6:00 PM to 9:30 PM on January 30, 2020 to express its supports for the
information session to as an Ontario Shoreline Municipality affected by flooding;
That the event details be shared on the Municipal calendar; and
That Fire & Emergency Services make a short presentation at the information
session on flood response.
Carried
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Alter the Agenda
Resolution # C-005-20
Moved by Councillor Traill
Seconded by Councillor Zwart
That the Agenda be altered to consider Item 17 of the General Government
Committee Report regarding Street Naming, at this time.
Carried
8.3 General Government Committee Report - Item 17 - Street Naming
Resolution # C-006-20
Moved by Councillor Traill
Seconded by Councillor Zwart
Whereas the Price family has contributed significantly to Clarington, starting with
James Sydney Price who received the British War Medal and the Victory Medal
for his service in World War 1;
Whereas the Price family has been farming in Bowmanville since 1931 and
Price's Country Market vegetable stand and farm has been a staple in east
Bowmanville for the past 30 years;
Whereas the Price family has donated vegetables, decorations, flowers and
Christmas trees to Bowmanville churches, local schools, and donated pumpkins
to the Bowmanville Veterinary Clinic for its fundraising for the Farley Foundation
which helps other-abled people with payment of veterinary bills the Bowmanville
Museum the Bowmanville Legion, and sponsored Concerts in the Park; and
Whereas, with Phyllis Price having been a teacher in Clarington for thirty years,
the Price family also provided school tours to local school children to teach young
people about the importance of farming and growing local;
Now therefore be it resolved that:
In recognition of the contributions of the Price family, Clarington waive its
street -naming by-law to allow a new street to be named "Price", with proximity
to Price's Market being the primary consideration when selecting a street;
2. The Price family be advised of Committee's decision; and
3. Recognition of Terry Price and his family's contributions be made at the
ratification of this Motion, if passed.
Carried
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Recess
Resolution # C-007-20
Moved by Councillor Traill
Seconded by Councillor Neal
That the Council recess for 2 minutes.
Carried
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Council Minutes
The meeting reconvened at 7:53 PM with Mayor Foster in the Chair.
9. Communications — Receive for Information
9.1 Local Planning Appeal Tribunal - Decision and Order of the Board
regarding Part of Lot 33, Concession 2
Resolution # C-008-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Communication Item 9.1 be received for information.
Carried
10. Communications — Direction
Councillor Traill rose on a point of order claiming there was a breach of the
Procedural By-law with respect to the Clerk not adding two correspondence
items proposed amendments to Provincial Policy Statement.
At the request of the Chair, the Municipal Clerk responded to Councillor Traill and
Mayor Foster ruled there was no breach of the Procedural By-law.
Councillor Traill immediately appealed the ruling of the chair.
The question "Will the ruling be sustained?" was put to a vote. The ruling of the
Chair was sustained on the following recorded vote:
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried on a recorded vote (4 to 3)
Suspend the Rules
Resolution # C-009-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the Rules of Procedure be suspended to add two additional correspondence
items to the Agenda.
Carried
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Resolution # C-010-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the correspondence dated September 17, 2019 to Minister Clark from
Mayor Foster regarding proposed amendments to provincial policy statement and
the response from Minister Clark received on January 10, 2020 be added to the
Agenda as items 10.4 and 10.5 respectively.
Yes (6): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal,
Councillor Traill and Councillor Zwart
No (1): Mayor Foster
Carried on a recorded vote Later in the Meeting,
see following motion (6 to 1)
Recess
Resolution # C-011-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the Council recess for 2 minutes.
Carried
The meeting reconvened at 8:18 PM with Mayor Foster in the Chair.
The foregoing Resolution #C-010-20 was then put to a vote and carried.
10.1 Memo from the Acting Director of Planning regarding the Street Naming
Request — Terry Price (Item 17 of the General Government Committee
Report)
The Memo from the Acting Director of Planning regarding the Street Naming
Request — Terry Price, was considered earlier in the meeting.
10.2 Memo from the Acting Director of Operations regarding Contracting Out of
Snow Plow Routes
10.3 Memo from the Director of Finance/Treasurer regarding CBOT Funding Per
Capita
Resolution # C-012-20
Moved by Councillor Anderson
Seconded by Councillor Jones
That Communication Items 10.2 and 10.3, be approved on consent as follows:
That Memo from the Acting Director of Operation regarding Contracting Out of
Snow Plow Routes, be referred to the consideration of Item 10 of the General
Government Committee Report; and
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That Memo from the Director of Finance/Treasurer, regarding CBOT Funding Per
Capita, be referred to the consideration of Items 2 and 16 of the General
Government Committee Report.
Carried
10.4 Letter from the Mayor to the Minister of Municipal Affairs and Housing
dated September 17, 2019
Resolution # C-013-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the Correspondence Item 10.4 from Mayor Foster to Minister Clark, dated
September 17, 2019 regarding Proposed Amendments to Provincial Policy
Statement, be received for information.
Carried
10.5 Response from the Minister of Municipal Affairs and Housing
Resolution # C-014-20
Moved by Councillor Neal
Seconded by Councillor Traill
That Correspondence Item 10.5 from the Minister of Affairs and Housing, be
referred to the February 24, 2020 Planning and Development Committee
meeting; and
That Staff report back on the additional lands included in the Environmentally
Protected (EP) areas by the Municipality that were not required by the Province
to be identified as EP.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, Councillor Traill, and Councillor Zwart
Carried on a recorded vote (7 to 0)
Recess
Resolution # C-015-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the Council recess for five minutes.
Carried
The meeting reconvened at 9:04 PM with Mayor Foster in the Chair.
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Newcastle Arena Board dated December 10, 2019
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11.1.2 Minutes of the Agricultural Advisory Committee dated December 12, 2019
11.1.3 Minutes of the Clarington Affordable Housing Task Force dated November
19, 2019
11.1.5 Minutes of the Clarington Museum and Archives Board dated December 11,
2019
Resolution # C-016-20
Moved by Councillor Jones
Seconded by Councillor Neal
That Advisory Committee Report Items 11.1.1 to 11.1.5, be approved with the
exception of Item 11.1.4.
Carried
11.1.4 Minutes of the Clarington Tourism Advisory Committee dated December
16, 2019
Resolution # C-017-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Item 11.1.4, Minutes of the Clarington Tourism Advisory
Committee dated December 16, 2019, be approved.
Carried
11.2 General Government Committee Report of January 6, 2020
Resolution # C-018-20
Moved by Councillor Zwart
Seconded by Councillor Traill
That the recommendations contained in the General Government Committee
Report of January 6, 2020 be approved on consent, with the exception of items
6, 21, 8, 10, 20 and 19 and 17 which were considered earlier in the meeting.
Carried
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Item 6 -Myles Brandt, President & General Manager, Canadian Tire
Motorsport Park, Regarding Flyby Approval Request
Resolution # C-019-20
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Municipality of Clarington send letters of support for a flyby by Canadian
Armed Forces aircraft as low as 500 feet, for the following events at Canadian
Tire Motorsport Park for transit, practice and shows: Castrol Victoria Day
SpeedFest - May 17, 2020, Mobil 1 SportsCar Grand Prix - July 5, 2020,
Chevrolet Silverado 250 - September 6, 2020.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Traill
No (3): Councillor Jones, Councillor Neal, and Councillor Zwart
Carried on a recorded vote (4 to 3)
Item 21 - Memo from Anne Greentree, Municipal Clerk, regarding
Correspondence Item 10.1 and Item 3 of General Government Report Dated
November 4, 2019- Report CLD -023-19 Regarding Taxicab Drivers Licence
Application — Appeal
Councillor Hooper declared a direct interest in Item 21 of the General
Government Committee Report 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-020-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Confidential Report CLD -023-19 be received;
That the application for a taxi driver licence, submitted by Sandra MacDonald, be
denied; and
That all interested parties listed in Report CLD -023-19 and any delegations be
advised of Council's decision.
Carried
Councillor Hooper returned to the meeting.
Councillor Traill left the meeting.
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Item 8 - Amelia Humphries, City Clerk, City of Woodstock, regarding Ban of
Single -Use Plastic Handled Shopping Bags
Resolution # C-021-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Item 10.6, Amelia Humphries, City Clerk, City of
Woodstock, regarding Ban of Single -Use Plastic Handled Shopping Bags, be
endorsed by the Municipality of Clarington.
Carried
Item 10 - Contracting Out of Snow Plow Routes
Resolution # C-022-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report OPD -001-20 be received;
That Council approve, as requested in the 2019 Capital Budget submission, the
purchase of two additional single axle combination plow trucks that are to be
90% funded through development charges; and
That staff be directed to issue a tender as soon as possible requiring that two
pieces of equipment be provided on November 1, 2020; and add additional
routes to the contract each year as existing combination snow plow trucks reach
the end of their service life and are scheduled for replacement.
Carried
Item 20 - Miscellaneous Catch Basin and Maintenance Hole Repairs
Resolution # C-023-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report COD -023-19 be received;
That Coco Paving Inc. having satisfactorily completed the initial one year term as
approved in Resolution #C-047-19 (Attachment #1), with an annual bid in the
amount of $133,032.00 (Net HST Rebate) being the lowest compliant bidder
meeting all terms, conditions and specifications of Tender CL2018-33 be
awarded the contract for a second one year term, as required by the Operations
Department;
That the funds required for this project in the amount of $139,683.00 (Net HST
Rebate) which includes the construction cost of $133,032.00 (Net HST Rebate)
and contingency cost of $6,651.00 (Net HST Rebate) be funded by the
Municipality as follows:
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Description
Catch Basin/Sewer Mntnc
Engineering Pavement Rehab
Account Number
100-36-380-10245-7163
110-32-330-83212-7401
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Council Minutes
Amount
$77,000
$62,683
That all interested parties listed in Report COD -023-19, and any delegations be
advised of Council's decision.
Motion Lost
Resolution # C-024-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Report COD -023-19 be received;
That Coco Paving Inc. having satisfactorily completed the initial one year term as
approved in Resolution #C-047-19 (Attachment #1), with an annual bid in the
amount of $133,032.00 (Net HST Rebate) being the lowest compliant bidder
meeting all terms, conditions and specifications of Tender CL2018-33 be
awarded the contract for a second one year term, as required by the Operations
Department;
That pending satisfactory performance and the Operations Department
confirmation following an internal work assessment the Purchasing Manager, in
consultation with the Director of Operations, be given the authority to extend the
contract for this service for up to two additional one year terms;
That the funds required for this project in the amount of $139,683.00 (Net HST
Rebate) which includes the construction cost of $133,032.00 (Net HST Rebate)
and contingency cost of $6,651.00 (Net HST Rebate) be funded by the
Municipality as follows:
Description Account Number Amount
Catch Basin/Sewer Mntnc 100-36-380-10245-7163 $77,000
Engineering Pavement Rehab 110-32-330-83212-7401 $62,683
That all interested parties listed in Report COD -023-19, and any delegations be
advised of Council's decision.
Carried
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11.3 Special General Government Committee Report of January 10, 2020
Resolution # C-025-20
Moved by Councillor Zwart
Seconded by Councillor Neal
That the recommendations contained in the Special General Government
Committee Report of January 10, 2020, be approved on consent.
Carried
11.4 Planning and Development Committee Report of January 13, 2020
Resolution # C-026-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the recommendations contained in the Planning and Development
Committee Report of January 13, 2020 be approved on consent, with the
exception of Item 2.
Carried
Item 2 - Proposed Official Plan Amendment and Rezoning to Implement the
Bowmanville Neighbourhood Character Study
Councillor Neal declared an indirect interest in Item 2 of the Planning and
Development Committee Report, as it relates to his law practice. Councillor Neal
left the room and refrained from discussion and voting on this matter.
Resolution # C-027-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Report PSD -001-20 be received;
That the final recommendations of the Bowmanville Neighbourhood Character
Study be received for information;
That the recommendations contained in Section 6.3.1 relating to Trees be
forwarded to the Operations Department for consideration;
That the recommendations contained in Section 6.3.2 relating to Heritage be
forwarded to the Clarington Heritage Committee for consideration;
That the proposed applications for an Official Plan Amendment COPA2019-0002
and Zoning By-law Amendment ZBA2019-0019 continue to be processed
including the preparation of a subsequent report; and
That all interested parties listed in Report PSD -001-20 and any delegations be
advised of Council's decision.
Carried
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Councillor Neal returned to the meeting.
12. Staff Reports
None
13. Business Arising from Procedural Notice of Motion
None
14. Unfinished Business
None
15. By-laws
Resolution # C-028-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
January 20, 2020
Council Minutes
That leave be granted to introduce By-laws 2020-001 to 2020-002:
15.1 2020-001 - Being a By-law to Authorize the Borrowing of $15,000,000 to
Meet, Until the Taxes are Collected, the Current Expenditures of the
Municipality for the Year 2020
15.2 2020-002 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
None
17. Other Business
17.1 Memo from the Acting Director of Planning regarding a Request from
Tornat Newcastle Limited for an Exemption from the Two Year Freeze on
Submitting a Minor Variance Application Relating to a Site Specific Zoning
By-law Amendment
Resolution # C-029-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
Whereas on November 20, 2018, the Local Planning Appeal Tribunal approved a
Zoning By-law Amendment for lands owned by Tornat Newcastle Limited, on the
north side of King Avenue, Newcastle, generally between Ruddell Road and
Pedwell Street, and placed these lands in the (H)R4-42 and (H)C1-64 Zones;
and
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Whereas Tornat Newcastle Limited wishes to apply for minor variances to permit
a mix of land uses including low and mid -rise apartments, townhouses and a
mixed -used building; and
Whereas subsections 45(1.2), 45(1.3) and 45(1.4) of the Planning Act prohibit
Tornat Newcastle Limited from requesting a minor variance to Zoning By-law 84-
63, as amended, before the second anniversary of the first day that the site
specific amendments came into effect unless Council has declared by resolution
that such a request is permitted: and
Whereas Council wishes to permit Tornat Newcastle Limited to make a Minor
Variance application respecting their property
Now therefore be it resolved that,
Council hereby permits Tornat Newcastle Limited to file an application
requesting minor variances to permit a mix of land uses including low and
mid -rise apartments, townhouses and a mixed -used building; and
2. By granting permission to Tornat Newcastle Limits to apply for minor
variances, Council is in no way expressing any opinion regarding the planning
merits of the application or any related application.
Carried
18. Confirming By -Law
Resolution # C-030-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2020-003, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 20th day of January, 2020; and
That the said by-law be approved.
Carried
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19. Adjournment
Resolution # C-031-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the meeting adjourn at 9:40 PM.
Carried
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Mur(icipal Clerk
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Mur(icipal Clerk