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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.
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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.
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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
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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
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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
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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
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(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;
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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
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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.
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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
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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
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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,
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• 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.
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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.
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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
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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
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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
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