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HomeMy WebLinkAbout03-23-2020Clarington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: March 23, 2020 Time: 7:00 PM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor J. Jones, Councillor J. Neal Present Via Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor C. Means: Traill, Councillor M. Zwart Staff Present: A. Allison, A. Greentree, F. Langmaid until 10:06 PM, R. Maciver, M. Marano, G. Weir until 10:06 PM, M. Chambers Present Via Electronic G. Acorn until 10:06 PM, S. Brake until 10:06 PM, T. Pinn until Means: 10:06 PM 1. Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2. Moment of Reflection Councillor Jones led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Jones recited the Land Acknowledgement Statement. 4. Declaration of Interest Councillor Neal declared an indirect interest in Item 8 of the General Government Committee Report and Agenda Item 15.1, regarding Interim Control By-law for 112 Duke Street. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 1 Clarington March 23, 2020 Council Minutes Alter the Agenda Resolution # C-112-20 Moved by Councillor Neal Seconded by Councillor Jones That the Agenda be altered to consider Report CLD-007-20, Electronic Participation at Council and Committee Meetings, at this time. Carried 12.6 Report CLD-007-20 - Electronic Participation at Council and Committee Meetings Resolution # C-113-20 Moved by Councillor Neal Seconded by Councillor Jones That Report CLD-007-20 be received; That the By-law attached to Report CLD-007-20, as Attachment 1, amending the Procedural By-law to allow for electronic participation at Council and Committee Meetings in an Emergency, be approved; and That all interested parties listed in Report CLD-007-20 be advised of Council's decision Carried as Amended Resolution # C-114-20 Moved by Councillor Neal Seconded by Councillor Jones That Section 3.1.12 of the Report be amended to the following: "In the case of a loss of connection, or any connection issue which impedes the ability of a Member to participate in the meeting in real time, a short recess shall be called to provide the Member and opportunity to reconnect." Carried The foregoing Resolution #C-113-20 was then put to a vote and carried as amended. 2 Clarington March 23, 2020 Council Minutes 6. Adoption of Minutes of Previous Meeting(s) 6.1 Minutes of a regular meeting of Council dated March 2, 2020 6.2 Minutes of a special meeting of Council dated March 9, 2020 6.3 Minutes of a special meeting of Council dated March 13, 2020 Resolution # C-115-20 Moved by Councillor Traill Seconded by Councillor Anderson That the minutes of the regular meeting of the Council held on March 2, 2020, be approved. That the minutes of the special meeting of the Council held on March 9, 2020, be approved; and That the minutes of the special meeting of the Council held on March 13, 2020, be approved. Carried 7. Presentations 7.1 Andrew Grunda, Principal, Watson and Associates Economists Ltd. regarding 2020 Development Charge Study Update and Presentation Prior to the meeting, Mr. Grunda advised he would not be attending tonight's meeting. His presentation will be rescheduled to a future Council meeting. 8. Delegations None 9. Communications — Receive for Information 9.1 Confidential Memo dated May 16, 2019 regarding Servicing of Industrial Lands in South Courtice — Courtice Court (Regarding Item 5 of General Government Committee Report) Resolution # C-116-20 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 9.1, be referred to the consideration of Item 5 of the General Government Committee Report. Carried 3 Clarington March 23, 2020 Council Minutes 9.2 Mark Wilson, Sr. Advisor, Municipal & Stakeholder Relations, Enbridge Gas Inc. regarding Natural Gas Expansion Program Update (Item 3 of the General Government Committee Report) Resolution # C-117-20 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 9.2, from Mark Wilson, Enbridge Gas Inc, regarding Natural Gas Expansion Program, be received for information. Carried 10. Communications — Direction 10.1 Memo from Faye Langmaid regarding Resolution regarding Interim Control By-law 2018-083 for 74 Lambs Lane Resolution # C-118-20 Moved by Councillor Hooper Seconded by Councillor Traill That Correspondence Item 10.1 be referred to the consideration of Agenda Item 15.3. Carried 10.2 Memo from Anne Greentree, Municipal Clerk regarding additional Applicant for the Tourism Advisory Committee Resolution # C-119-20 Moved by Councillor Jones Seconded by Councillor Traill That Correspondence Item 10.2 be received for information. Carried 10.3 Rich Bouma regarding Interim Control By-law for 74 Lambs Lane (Agenda Item 15.3) Resolution # C-120-20 Moved by Councillor Jones Seconded by Councillor Anderson That Correspondence Item 10.3 be referred to the consideration of Agenda Item 15.3. Carried 12 Clarington March 23, 2020 Council Minutes 10.4 Dan Barnes, CEO, Ruralwave regarding a Letter of Support for an Application to the Broadband Fund Resolution # C-121-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Correspondence Item 10.4 from Dan Barnes, CEO, Ruralwave regarding a Letter of Support for an Application to the Broadband Fund, be approved. Carried 10.5 Zachary W. Simmons, Volunteer with Caremonger Oshawa and Clarington regarding a request for additional support. Resolution # C-122-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Correspondence Item 10.5 from Zachary W. Simmons, Caremonger Oshawa and Clarington, regarding a request for additional support, be referred to Staff. Motion Lost Resolution # C-123-20 Moved by Councillor Zwart Seconded by Councillor Neal That the Correspondence Item 10.5 Zachary W. Simmons, Caremonger Oshawa and Clarington regarding a request for additional support, be received for information. Carried 11. Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Agricultural Advisory Committee dated February 13, 2020 Resolution # C-124-20 Moved by Councillor Jones Seconded by Councillor Neal That that Minutes of the Agricultural Advisory Committee dated February 13, 2020, be approved. Carried 5 ClarftwnMarch 23, 2020 Council Minutes 11.1.2 Minutes of the Accessibility Advisory Committee dated March 4, 2020 Resolution # C-125-20 Moved by Councillor Hooper Seconded by Councillor Jones That the Minutes of the Accessibility Advisory Committee dated March 4, 2020, be approved. Carried 11.2 General Government Committee Report of March 9, 2020 Resolution # C-126-20 Moved by Councillor Zwart Seconded by Councillor Traill That the recommendations contained in the General Government Committee Report of March 9, 2020 be approved on consent, with the exception of items 1 h, 2, 5, 7 and 8. Carried Item 2 - Karen Lowery, Terrens Wellness, Regarding Appointment to Orono BIA Board Resolution # C-127-20 Moved by Councillor Zwart Seconded by Councillor Jones That the following Board of Directors of the Orono Business Improvement Area be appointed for a term ending December 31, 2022 or until a successor is appointed, in accordance with the Appointments to Boards and Committees Policy: Karen Lowery — Terrens Wellness Centre Julie Cashin-Oster — Orono Weekly Times Tammy Rendell — Orono General Store Yvonne Maitland — Apple Blossom Heather Maitland — Strands Studio Ashlen Morrison — Buttercup Hollow Pantry Kelly Addison — Kelly's Green Lounge Carried A Claringtion March 23, 2020 Council Minutes (Report COD-003-20 being Addendum to Report COD-001-20) 1 h — Co-op RFP-348-2019 — Consulting and Related Management and Administrative Services for the Supply of Natural Gas Resolution # C-128-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD-003-20 Addendum to COD-001-20 - Consulting and Related Management and Administrative Services for the Supply of Natural Gas, be received for information. Carried Item 5 - Servicing of Industrial Lands in South Courtice - Courtice Court Update Resolution # C-129-20 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD-004-20, Servicing of Industrial Lands in South Courtice - Courtice Court Update, be referred to the June 1, 2020 General Government Committee meeting. Motion Withdrawn, see following motions Recess Resolution # C-130-20 Moved by Councillor Neal Seconded by Councillor Jones That the Council recess for 10 minutes. Carried The meeting reconvened at 8:45 PM with Mayor Foster in the Chair. The foregoing Resolution #C-129-20 was then withdrawn by the mover. Resolution # C-131-20 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD-004-20 be received; That Council approve the use of an additional $130,000 (including net HST) from the Strategic Capital Reserve Fund to pay for the local servicing costs of the two additional properties that declared they are unable or unwilling to participate in the servicing costs at this time (revised total amount of $710,000 (incl. net HST)); The Mayor and Clerk be authorized to execute the agreement on the Municipality's behalf; 7 ClaringtonMarch 23, 2020 Council Minutes That staff report back on the award of the tendered work pending execution of the agreement between the Municipality of Clarington and the participating landowners of Courtice Court and Progress Drive; and That all interested parties listed in Report EGD-004-20 and any delegations be advised of Council's decision. Carried Item 7 - Plumbing Services Resolution # C-132-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD-002-20 be received; That Brent's Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; That the funds expended for these services, be funded from respective facilities approved operating budget as required; and That all interested parties listed in Report COD-002-20 and any delegations be advised of Council's decision. Motion Referred Resolution # C-133-20 Moved by Councillor Neal Seconded by Councillor Jones That Report COD-002-20, Plumbing Services, be referred to the end of the agenda. Carried Clarington March 23, 2020 Council Minutes Item 8 - Interim Control By-law - 112 Duke Street Councillor Neal declared an indirect interest in Item 8 of the General Government Committee Report, regarding Interim Control By-law 112 Duke Street as it relates to his law practice. Councillor Neal left the meeting and refrained from discussion and voting on this matter. Resolution # C-134-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Interim Control By-law 2018-083 be amended to, • exempt 112 Duke Street from Section 2. f. ii) and vi) for maximum height and maximum roof pitch; • delete Section 2. d. v); and • add the following section: "Section 2. i. A new single detached dwelling at 112 Duke Street with a maximum height of 8.6 m and in accordance with Sections 2 f. i), iii), iv), v) of By-law 2018-083."; That, in accordance with the Building Code, the Owner be required to submit a confirmatory survey to show that the lot coverage and setbacks meet the with the submitted Building Permit drawings, and Interim Control By-law 2018-083 and Zoning By-law 84-63. Carried Councillor Neal returned to the meeting. 12. Staff Reports 12.1 Report COD-004-20 - Disclosure and Access to Confidential Tender or RFP Details Resolution # C-135-20 Moved by Councillor Neal Seconded by Councillor Jones That Report COD-004-20 be received; That confidential Attachment #1 to Report COD-004-20 be received; and That if Committee or Council deems that disclosure of confidential third -party information is required to enable an informed decision to be made, that staff be directed to circulate the information confidentially in advance of the next scheduled Committee or Council meeting, as appropriate. 7 ClarftwnMarch 23, 2020 Council Minutes Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) Resolution # C-136-20 Moved by Councillor Anderson Seconded by Councillor Zwart That Report COD-004-20 be received for information. 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 Later in the Meeting, See following Motions (4 to 3) Resolution # C-137-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-136-20 for a second time. Carried The foregoing Resolution #C-136-20 was then carried on a recorded vote. 12.2 Report FND-006-20 - 2020 Development Charge Study Update and Presentation Resolution # C-138-20 Moved by Councillor Neal Seconded by Councillor Jones That Report FND-006-20, be referred to the April 6, 2020 Joint Committees meeting. Carried Resolution # C-139-20 Moved by Councillor Neal Seconded by Councillor Jones That Watson and Associates Economists Ltd., be asked to attend or participate at the April 6, 2020, Joint General Government and Planning and Development Committees meeting with respect to the Report. Carried 10 ClarftwnMarch 23, 2020 Council Minutes 12.3 Report FND-005-20 - 2019 Council Remuneration Resolution # C-140-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report FND-005-20 be received for information. Carried 12.4 Report FND-007-20 - Property Tax Relief Related to COVID-19 Resolution # C-141-20 Moved by Councillor Traill Seconded by Councillor Anderson That Report FND-007-20 be received; That the Interim Tax Levy By-law 2019-067 be amended such that penalties and interest on unpaid taxes are not imposed on May 1, 2020 and June 1, 2020; That the Fees and Services By-law 2010-142 be amended to authorize the Director of Finance to waive service fees up to $50; That the Director of Finance be directed to adjust the first due date in the 2020 Tax Rates By-law from June 2020 to July 2020; That no new collection actions be taken between April 1, 2020 and November 1, 2020; That the Province of Ontario be requested to extend the due dates for education taxes to be paid to the local school boards by 60 days; That the Region of Durham be asked to provide the Regional Treasurer the authority to amend the due dates for the Municipality to submit Regional taxes to coincide with the local municipal due dates and collection of taxes; and That all interested parties be advised of Council's decision. Carried as Amended, see following motion Resolution # C-142-20 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-141-20 be amended by adding the following at the end: "That Staff report back to the April 14, 2020 Council meeting on a Property Tax Relief Program for both businesses and individuals." Carried 11 ClarftwnMarch 23, 2020 Council Minutes The foregoing Resolution #C-141-20 was then put a vote and carried as amended. 12.5 Report CAO-011-20 - COVID-19 Update Resolution # C-143-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report CAO-011-20 be received; and That the By-law attached to Report CAO-011-20, as Attachment 1, be approved. Motion Divided Resolution # C-144-20 Moved by Councillor Neal Seconded by Councillor Jones The Paragraph 1 and 2 from the foregoing Resolution #C-143-20, be divided. Carried Resolution # C-145-20 Moved by Councillor Neal Seconded by Councillor Hooper The Report CAO-011-20 be received. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) later in the meeting, see following motions Resolution # C-146-20 Moved by Councillor Traill Seconded by Councillor Neal That Staff explore options for the sanitizing and safety of the gates at the off - leash dog parks. Motion Lost Closed Session Resolution # C-147-20 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 two matters, which deal with, 12 ClarftwnMarch 23, 2020 Council Minutes • labour relations or employee negotiations; and • a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Carried Rise and Report The meeting resumed in open session at 10:49 PM. Mayor Foster advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Suspend the Rules Resolution # C-148-20 Moved by Councillor Jones Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting for an additional 15 minutes to 11:15 PM. Carried Resolution # C-149-20 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-145-20 be amended to add the following: "That Staff report back to the April 14, 2020 Council meeting on any staffing changes that need to be made with respect to scaling back or essential services." Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) The foregoing Resolution #C-145-20 was then put to a vote and carried on a recorded vote. Paragraph 2 of Resolution #C-143-20 was now before Council for consideration. Resolution # C-150-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the By-law attached to Report CAO-011-20, as Attachment 1, be approved. 13 ClarftwnMarch 23, 2020 Council Minutes Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) 14. Unfinished Business Item 7 - Plumbing Services Resolution # C-151-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD-002-20 be received; That Brent's Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; That the funds expended for these services, be funded from respective facilities approved operating budget as required; and That all interested parties listed in Report COD-002-20 and any delegations be advised of Council's decision. Motion Lost Resolution #C-152-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Report COD-002-20 be received; That Brent's Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; That the funds expended for these services, be funded from respective facilities approved operating budget as required; That pending satisfactory service the Purchasing Manager, after consultation with the affected departments, be authorized to extend the contract for up to three additional one-year terms: and That all interested parties listed in Report COD-002-20 and any delegations be advised of Council's decision. 14 Clarftwn March 23, 2020 Council Minutes Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) later in the meeting, see following motion Suspend the Rules Resolution # C-153-20 Moved by Councillor Jones Seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting to 11:45 PM. Carried 12.6 Report CLD-007-20 - Electronic Participation at Council and Committee Meetings Report CLD-007-20 - Electronic Participation at Council and Committee Meetings was considered earlier in the meeting. 13. Business Arising from Procedural Notice of Motion 13.1 Reconsideration of Contracting Out of Marriage Ceremonies Councillor Hooper's Procedural Notice of Motion was called by the Chair and Councillor Hooper determined not to proceed with the motion at this time. 15. By-laws Councillor Neal declared an indirect interest in Agenda Item 15.1, regarding Interim Control By-law 112 Duke Street as it relates to his law practice. Councillor Neal left the meeting and refrained from discussion and voting on this matter. Resolution # C-154-20 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-law 2020-016; and 15.1 2020-016 - Being a By-law to Amend Interim Control By-law 2018-083 That the said by-law be approved. Carried Councillor Neal returned to the meeting. Resolution # C-155-20 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce by-laws 2020-017 to 2020-023; and 15 Clarington March 23, 2020 Council Minutes 15.2 2020-017 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.3 2020-018 - Being a By-law to amend Interim Control By-law 2018-083 15.4 2020-019 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.5 2020-020 - Being a by-law to Amend By-law 2010-142 15.6 2020-021 - Being a by-law to amend By-law 2019-067 a By-law to authorize an Interim Tax Levy for 2020 15.7 2020-022 - Being a by-law to amend the Procedural By-law, 2015-029 15.8 2020-023 - Being a By-law to Delegate Legislative Authority to the Mayor to Expedite Municipal Decisions in Response to the COVID-19 Pandemic That the said by-laws be approved. Carried 16. Procedural Notices of Motion 16.1 Reconsideration of Resolution #C-441-19 pertaining to Report CAO-010-20, Cedar Crest Beach Update Councillor Zwart gave Procedural Notice of Motion regarding reconsideration of Resolution #C-441-19 pertaining to Report CAO-010-20, Cedar Crest Beach Update 17. Other Business Councillor Traill enquired about the stock of supplies for our first responders and whether there are sufficient supplies for the future. Councillor Traill enquired if there has been any consideration for a temporary medical call protocol changes for our Fire and Emergency Services due to COVID-19. Councillor Traill enquired if there can be communications put out to the public regarding extended shopping times for the vulnerable sector. Staff were thanked for the work being done during this pandemic. 18. Confirming By -Law Resolution # C-156-20 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-law 2020-024, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 23rd day of March, 2020; and 16 Cladiwn March 23, 2020 Council Minutes That the said by-law be approved. Carried 19. Adjournment Resolution # C-157-20 Moved by Councillor Jones Seconded by Councillor Traill That the meeting adjourn at 11:30 PM. Carried L-Wyor 17