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Council Minutes
Date: April 14, 2020
Time: 7:00 PM
Location: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Present Were: Mayor A. Foster,
Present by Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor J.
Means: Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart
Staff Present: A. Greentree, M. Chambers
Present by Electronic A. Allison, G. Acorn, R. Albright, S. Brake, F. Langmaid,
Means: R. Maciver, M. Marano, T. Pinn, G. Weir
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 moment of reflection.
4. Declaration of Interest
There were no declarations of interest stated at this meeting.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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April 14, 2020 Council Meeting
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated March 23, 2020
Resolution # C-158-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the minutes of the regular meeting of the Council held on March 23, 2020, be
approved.
Carried
7. Presentations
None
8. Delegations
None
9. Communications — Receive for Information
9.1 ADR Chambers, Ombudsman Office - 2019 Annual Report
9.2 Peter Maniatakis, ADR Chambers Ombuds Office, Final Report for Complaint
against the Municipality of Clarington, MUN-467-0819
9.3 Minister Steve Clark, Ministry of Municipal Affairs and Housing, regarding
Impending Legislation for the Suspension of Suspended Timelines
Associated with Land Use Planning Matters
Resolution # C-159-20
Moved by Councillor Anderson
Seconded by Councillor Traill
That Correspondence Items 9.1 to 9.3 be received for information.
Carried
10. Communications — Direction
10.1 Memo from Trevor Pinn, Director of Finance/Treasurer
regarding Development Charges Timeline Impact from COVID-19
10.2 Stacey Hawkins, Executive Officer, Durham Region Home Builders'
Association, 2020 Clarington Development Charge Bylaw
Resolution # C-160-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Correspondence Items 10.1 and 10.2 be referred to the consideration of
Unfinished Business Item 14.1.
Carried
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11. Committee Reports
11.1 Advisory Committee Reports
April 14, 2020 Council Meeting
11.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated March 10, 2020
11.1.3 Minutes of the Tourism Advisory Committee dated March 12, 2020
Resolution # C-161-20
Moved by Councillor Jones
Seconded by Councillor Traill
That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved with the
exception of Item 11.1.1.
Carried
11.1.1 Minutes of the Agricultural Advisory Committee dated March 12, 2020
Resolution # C-162-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of the Agricultural Advisory Committee dated March 12, 2020, be
approved.
Carried
11.2 Joint General Government and Planning and Development Committees
meeting of April 6, 2020
Resolution # C-163-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the recommendations contained in the Joint General Government and
Planning and Development Committees Report of April 6, 2020 be approved on
consent, with the exception of items 10, 12 and 5.
Carried
Item 10 - North Scugog Court Reconstruction
Resolution # C-164-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report COD-005-20 be received;
That Nick Carchidi Excavating Ltd. with a total bid amount of $886,718.48 (Net
HST Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of tender CL2020-3 be awarded the contract for the North Scugog
Court Reconstruction as required by the Engineering Services Department;
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April 14, 2020 Council Meeting
That the total funds required for this project in the amount of $1,023,300.00 (Net
HST Rebate), which includes the construction cost of $886,718.49 (Net HST
Rebate) and other costs including design, material testing, utility daylighting,
inspection, contract administration, permit fees and contingencies in the amount of
$136,581.51 (Net HST Rebate) is in the approved budget allocation as provided
and will be funded from the following accounts:
North Scugog Court Reconstruction -
Dan Sheehan Lane to Concession
Rd 3 (Prior years and 2020)
110-32-330-83358 77401 $679,500
North Scugog Court Reconstruction -
Dan Sheehan Lane to Concession
Rd 3 Region of Durham Recovery 110-32-330-83358-7402 $343,800
That the contract award be subject to the Region of Durham receiving approval for
the funding required to complete their portion of work for this project; and
That all interested parties listed in Report COD-005-20 and any delegations be
advised 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 on a recorded vote (4 to 3)
Item 12 - COD-010-20 Courtice Court — Sanitary Sewer and Watermain
Construction
Resolution # C-165-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report COD-010-20 be received;
That Eagleson Construction Ltd. with a total bid amount of $1,692,074.38 (Blended
HST) being the lowest compliant bidder meeting all terms, conditions and
specifications of tender CL2019-37 be awarded the contract for the Courtice Court
— Sanitary Sewer and Watermain Construction as required by the Engineering
Services Department;
That the total funds required for this project in the amount of $1,979,817.71
(Blended HST), which includes the construction cost of $1,692,074.38 (Blended
HST ) and other costs including design, contract administration, material testing,
inspection, and contingencies in the amount of $287,743.33 (Blended HST), is in
the approved budget allocation or has been approved by Council and will be
funded from the following accounts;
Municipal Servicing (2019)
(From Participating Owners Recovery) 110-32-330-83212-7403 $903,669
Strategic Capital Reserve
Fund (For Non -Participants) 510-00-000-00000-6660 $701,841
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April 14, 2020 Council Meeting
Engineering Services —
Pavement Rehabilitation 110-32-330-83212-7401 $374,307
That the contract award is subject to the Municipality of Clarington executing a
cost sharing agreement with the participating landowners and receiving the funds
required to complete their portion of the work; and
That all interested parties listed in Report COD-010-20 and any delegations be
advised 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 on a Recorded Vote Later in the Meeting, See following Motions (4 to
3)
Resolution # C-166-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to allow Members of Council to speak
to the foregoing Resolution #C-165-20 for a second time.
Carried
The foregoing Resolution #C-165-20 was then put to a vote and carried on a
recorded vote.
Item 5 - Memo from Faye Langmaid, Acting Director of Planning Services,
Regarding Interim Control By-law 2018-083 for 94 Elgin Street
Resolution # C-167-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the exemption for 94 Elgin Street from Section 1. b. of Interim Control By-law
2018-083 for regulations for an addition to an existing dwelling, be approved.
Carried
12. Staff Reports
12.1 Report FND-008-20 - COVID-19 Financial Support Program Options
Resolution # C-168-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report FND-008-20 be received;
That Director of Finance continue to work with local area treasurers and the
Region of Durham to develop a sustainable consistent approach for support of
those impacted by the COVID-19 pandemic;
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April 14, 2020 Council Meeting
That the Director of Finance and the Director of Community Services create a new
grant program, the "Community COVID Support Grant Program" modelled after the
existing Community Grants Program specifically to target relief to businesses and
residents effected by COVID-19;
That the Community COVID Support Grant Program be funded from the Tax Rate
Stabilization Reserve Fund up to $100,000; and
That staff report back to Council at the earlier of the first available meeting after
the Province's emergency declaration is lifted or July 6, 2020.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, Councillor Traill, and Councillor Zwart
Carried on a Recorded Vote Later in the Meeting, See following Motions
(7 to 0)
Resolution # C-169-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-168-20 be amended by adding the following:
6. That Clarington pass a temporary by-law that will cancel, reduce or
refund 50% of the Clarington portion of taxes for the period of the declared
emergency for residential taxpayers either (i) employed in a business that
has been ordered shut down; or (ii) whose business has been ordered shut
down; as a result of the Covid emergency, and whose taxes have become
unduly burdensome, pursuant to Section 365 of the Municipal Act, and that
this be funded from the rate stabilization reserve fund.
7. The aggregate amount under Sub -section (6) shall be capped at
$2,000,000, and if the total would exceed that amount, the reduction for
each residential taxpayer shall be reduced such that it will equal (i)
$2,000,000, divided by (ii) the total number of accepted applications.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, Councillor Traill, and Councillor Zwart
Carried as Amended on a Recorded Vote Later in the Meeting, See following
Motions (7 to 0)
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Recess
Resolution # C-170-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Council recess for five minutes.
Carried
April 14, 2020 Council Meeting
The meeting reconvened at 7:43 PM with Mayor Foster in the Chair.
Resolution # C-171-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-169-20 be amended as follows:
That in paragraph one:
"That the word "pass" be replaced with the words "endorse in principle"";
That the following be added to the end:
"8. That the details of the program be the subject of a staff report to be
presented at the June 1, 2020 General Government Committee
meeting."
Carried
The foregoing Resolution #C-169-20 was then put to a vote and carried as
amended on a recorded vote.
Resolution # C-172-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the foregoing Resolution #C-168-20 be amended by deleting paragraph five;
and
That the resolution paragraphs be renumbered accordingly.
Carried
The foregoing Resolution #C-168-20 was then put to a vote and carried as
amended on a recorded vote.
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April 14, 2020 Council Meeting
12.2 Report CAO-012-20 - COVID-19 Business Continuity Planning, CAO-012-20
Resolution # C-173-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report CAO-012-20 be received for information.
Carried Later in the Meeting, see following motion
Closed Session
Resolution # C-174-20
Moved by Councillor Neal
Seconded by Councillor Hooper
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 and with labour relations or employee negotiations.
Carried
Rise and Report
The meeting resumed in open session at 8:48 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-173-20 was then put to a vote and carried.
13. Business Arising from Procedural Notice of Motion
13.1 Reconsideration of Contracting Out of Marriage Ceremonies
Resolution # C-175-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the following recommendation regarding the contracting out of marriage
ceremonies approved at the March 2, 2020 Council meeting be reconsidered:
"That marriage ceremony services be contracted out."
Yes (3): Mayor Foster, Councillor Anderson, and Councillor Hooper
No (4): Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
Motion Lost on a recorded vote (3 to 4) later in the meeting
Clarington
Recess
Resolution # C-176-60
Moved by Councillor Neal
Seconded by Councillor Jones
April 14, 2020 Council Meeting
That the Council recess for five minutes to enable Staff to ensure all Members
of Committee are connected remotely to the meeting.
Carried
The meeting reconvened at 9:04 PM with Mayor Foster in the Chair.
The foregoing Resolution #C-175-20 was then put to a recorded vote and lost.
13.2 Reconsideration of Resolution #C-441-19 pertaining to Report CAO-010-19,
Cedar Crest Beach Update
Suspend the Rules
Resolution # C-177-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow the reconsideration of
Resolution #C-441-19 which was tabled indefinitely.
Carried
Resolution # C-178-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That resolution #C-441-19, regarding Report CAO-010-19, Cedar Crest Beach
Update, approved at the December 9, 2019 Council meeting be reconsidered at
this time.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and
Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried (5 to 2)
Resolution # C-179-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That Report CAO-010-19, Cedar Crest Beach Update be tabled indefinitely.
Yes (2): Councillor Jones, and Councillor Neal
No (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and
Councillor Zwart
Motion Lost (2 to 5)
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Resolution # C-180-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That Report CAO-010-19 be received;
April 14, 2020 Council Meeting
That up to $30,000 be allocated from the Tax Rate Stabilization Reserve Fund for
the completion of a Cedar Crest Beach Erosion/Property Loss Study, and the
consulting assignment be sole sourced to Zuzek Inc.;
That Staff report back to Council with the results of the study, once completed;
That Clarington adopt CLOCA "Port Darlington Shoreline Hazard Study" Staff
Report #5630-19 Recommendation #5 to raise the road elevation of Cedar Crest
Beach Road via the deployment of gravel by Operations;
That Clarington construct a berm/berms on the marsh side of Cedar Crest Beach
Rd. and West beach Rd. (southerly section) with 50% of the funds drawn from the
"Clarington Station A Reserve Fund" and requesting that St. Marys pay the other
50% of the cost;
That if St. Marys refuses to contribute 50% of the cost, Clarington pay the entire
cost of the berms;
That in satisfying paragraph five above, Clarington work with CLOCA Staff to
ensure proper analysis and technical information is completed and all the
requirement of Ontario Regulation 42/06 are met and that this matter be expedited;
and
That all interested parties listed for Report CAO-010-19, including all landowners
in the Port Darlington (west shore) reach and any delegations, be advised of
Council's decision.
Motion Divided and Referred, see following motions
Resolution # C-181-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That paragraphs 2 and 3 of the foregoing Resolution #C-180-20, be divided.
Carried
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April 14, 2020 Council Meeting
Paragraphs 2 and 3 of the foregoing Resolution #C-180-20
Resolution # C-182-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That paragraphs 2 and 3 of the foregoing Resolution #C-180-20, be referred to
Staff to Report back to the April 27, 2020, Joint General Government and Planning
and Development Committee meeting as to whether Zuzek Inc. or Baird is the
most appropriate option to undertake the Cedar Crest Beach Erosion / Property
Loss study.
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)
The balance of Resolution #C-180-20 was then considered by Council and
referred through the following Resolution,
Resolution # C-183-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the balance of Resolution #C-180-20 be referred back to Staff for a report
detailing a cost estimate for the proposed work.
Yes (4): Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart
No (3): Mayor Foster, Councillor Anderson, and Councillor Traill
Carried on a recorded vote, Later in the Meeting, see following motions (4 to
3)
Resolution # C-184-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #C-183-20 for a second time.
Carried
The foregoing Resolution #C-183-20 was then put to a vote and carried on a
recorded vote.
Recess
Resolution # C-185-20
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Council recess for 10 minutes.
Carried
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April 14, 2020 Council Meeting
The meeting reconvened at 10:12 PM with Mayor Foster in the Chair.
14. Unfinished Business
14.1 Report FND-006-20 - 2020 Development Charge Study Update and
Presentation (Referred from the April 6, 2020 Joint Committees Meeting)
Resolution # C-186-20
Moved by Councillor Hooper
Seconded by Councillor Traill
That Report FND-006-20 and the associated presentation from Watson and
Associates Economists Ltd. be received;
That staff continue consultation with the development community prior to finalizing
the Development Charge Background Study and By-law;
That staff be instructed to release the proposed Development Charge Background
Study and By-law at a date to be determined by the Director of Finance which
provides Council, members of the public and the development community
opportunity to review and provide feedback for the 2020 Development Charge
Background Study and By-law; and
That, in accordance with the Coronavirus (COVID-19) Support and Protection Act,
2020, which received royal assent on April 14, 2020, the Municipality's existing
Development Charges By-law (By-law 2015-035) shall remain in force until such
date as specified in the Act, and therefore, staff be directed to schedule the
statutory public meeting for a date after the lifting of the emergency declared under
the Emergency Management and Civil Protection Act on March 17, 2020 with such
meeting being advertised publicly.
Carried
14.2 Resolution #JC-038-20 -Staffing and COVID-19 (Referred from the April 6,
2020 Joint Committees Meeting)
Resolution #JC-038-20 - Staffing and COVID-19 was withdrawn by the mover.
15. By-laws
15.1 2020-025 - Being a By-law to amend Interim Control By-law 2018-083
15.2 2020-026 - Being a By-law to amend By-law 2014-059 entitled "a By-law to
Regulate Traffic and Parking on Highways, Private Property and Municipal
Property"
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April 14, 2020 Council Meeting
15.3 2020-027 - Being a By-law to Adopt the Estimates of all Sums Required
During the Year, to Strike Rates and Levy Taxes for municipal purposes for
the year 2020 and to provide for the collection thereof
Resolution # C-187-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2020-025 to 2020-027; and
That the said by-laws be approved.
Carried
Procedural Notices of Motion
None
Other Business
Motion to Cancel the April 20, 2020 General Government Committee Meeting
Suspend the Rules
Resolution # C-188-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add an additional item to the
Agenda regarding the cancellation of the April 20, 2020, General Government
Committee meeting.
Carried
Resolution # C-189-20
Moved by Councillor Neal
Seconded by Councillor Hooper
The April 20, 2020, General Governmei
General Government and Planning and
place on April 27, 2020 at 7:00 PM.
Carried
18. Confirming By -Law
Resolution # C-190-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
t meeting be cancelled, and a Joint
Development Committee meeting take
That leave be granted to introduce By-law 2020-028, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 14th day of April, 2020; and
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That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-191-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the meeting adjourn at 10:30 PM.
Carried
Mayor
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April 14, 2020 Council Meeting
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