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Council Minutes
Date: May 4, 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 M. Zwart
Absent: Councillor C. Traill
Staff Present: A. Greentree, M. Chambers
Staff Present by A. Allison, G. Acorn, R. Albright, S. Brake, F. Langmaid,
Electronic 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 Hooper led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Hooper recited the land acknowledgement statement.
4. Declaration of Interest
Councillor Neal declared an indirect interest in Item 1 d of the Joint General
Government and Planning and Development Committees Report, Memo from
Faye Langmaid, Acting Director of Planning Services, regarding
Recommendation Report- Proposed Official Plan Amendment and Rezoning to
Implement the Bowmanville Neighbourhood Character Study.
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5. Announcements
May 4, 2020
Council Minutes
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated April 14, 2020
Resolution # C-192-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on April 14, 2020, be
approved.
Carried
7. Presentations
7.1 Gioseph Anello, Acting Director Solid Waste Management and Gary Muller,
Director of Planning, Region of Durham Region Regarding Report
PSD-013-20 - Region of Durham Mixed Waste Pre -Sort and Anaerobic
Digestion Organics Processing Facility
Gioseph Anello, Acting Director Solid Waste Management and Gary Muller,
Director of Planning, Region of Durham Region, were present via electronic
means regarding Report PSD-013-20 - Region of Durham Mixed Waste Pre -Sort
and Anaerobic Digestion Organics Processing Facility. They made a verbal
presentation to accompany an electronic presentation. Susan Siopis,
Commissioner of Works, provided details of the presentation outline. Ms. Siopis
noted the Elaine Baxter-Trahair, Chief Administrative Office and Brian
Bridgeman, Commissioner of Planning were also present. Ms. Baxter-Trahair,
noted that they have read the Staff report and are prepared to answer and
address any questions. Mr. Anello highlighted the various types of mixed waste,
the pre-sort process and the process of anaerobic digestion. He reviewed the
various drivers for managing organic waste which included the regional drivers,
market drivers and the provincial requirements. Mr. Anello provided details on
the siting study process and the steps which have been taken to determine the
proposed site and highlighted the surrounding area. He explained that the
Region wants to ensure design excellence in the design and how they plan to
achieve this. Mr. Anello reviewed the proposed site location and why it was
chosen. He explained the facility development principles and noted an integrated
and complementary approach was used. Mr. Anello explained the focus on the
south site and the focus on ensuring compatibility and committing to zero odour
emissions beyond the lot line. Mr. Muller reviewed the facility and how it is
providing a distinct sustainability focus. He explained that they are looking to
enable the development of a gateway and for the opportunity to develop the
north side of this development. Mr. Muller concluded by noting the Region of
Durham is committed to continuous engagement and to working with the
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Municipality of Clarington to achieve the vision. Ms. Baxter-Trahair concluded by
explaining their intent of this presentation is for the Municipality of Clarington to
reconsider the decision to be an unwilling host for the Anaerobic Digestion
Facility. She continued by noting that she hopes the presentation answered the
questions and the Municipality of Clarington is able to share the vision for the
project. Ms. Baxter-Trahair added that a recommendation report is going to
Regional Council on May 27, 2020 which will include details on partnership,
procurement and the siting process for proposed Anaerobic Digestion
Facility. They answered questions from the Members of Council.
Ms. Siopis explained that the report is required for the May 27, 2020 Council
meeting to permit the RFQ over the summer and the project procurement in the
fall of 2020. This will allow the Region to meet the late 2023 early 2024 deadline
for the completion of project.
Ms. Siopis confirmed that the Region would be willing enter into an agreement to
detail where the waste will come from and that is will only include waste from the
Region of Durham.
Resolution # C-193-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
ask questions to the presentation from the Region of Durham for a second time.
Carried
Ms. Siopis noted that the integrated site they are envisioning does not exist in
North America and will allow them to manage, take care of, and recover their
own waste. She added that the no pre-sort facilities exist in North America
however Anaerobic Digestion and Incineration do exist in North America.
Recess
Resolution # C-194-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 8:46 PM with Mayor Foster in the Chair.
8. Delegations
None
9. Communications — Receive for Information
There were no communications to be received for information.
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10. Communications — Direction
10.1 Confidential Memo from Faye Langmaid regarding Courtice Waterfront and
Energy Park Secondary Plan
10.2 Confidential Memo from Rob Maciver, Municipal Solicitor regarding Cedar
Crest Beach — Beach Erosion/Property Loss
Resolution # C-195-20
Moved by Councillor Jones
Seconded by Councillor Hooper
That Correspondence Item 10.1 and 10.2 be approved on consent as follows:
That Correspondence Item 10.1, Memo from Faye Langmaid, Acting
Director of Planning, regarding Courtice Waterfront and Energy Park
Secondary Plan, be referred to the consideration of Item 8 of the Joint
General Government and Planning and Development Committees Report.
That Correspondence Item 10.2, Memo from Rob Maciver, Municipal
Solicitor regarding Cedar Crest Beach - Beach Erosion/Property Loss, be
referred to the consideration of Item 7 of the Joint General Government
and Planning and Development Committees Report.
Carried
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Clarington Heritage Committee dated April 21, 2020
11.1.2 Minutes of the Tourism Advisory Committee dated April 21, 2020
Resolution # C-196-20
Moved by Councillor Zwart
Seconded by Councillor Neal
That Advisory Committee Report Items 11.1.1 and 11.1.2, be approved.
Carried
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11.2 Joint General Government and Planning and Development Committees
Report of April 27, 2020
Resolution # C-197-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the recommendations contained in the Joint General Government and
Planning and Development Committee Report of April 27, 2020, be approved on
consent, with the exception of items 1 d, 5, 6 7, 8.
Carried
Item 1d - Memo from Faye Langmaid, Acting Director of Planning Services,
Regarding Recommendation Report - Proposed Official Plan Amendment
and Rezoning to Implement the Bowmanville Neighbourhood Character
Study
Councillor Neal declared an indirect interest in Item 1 d of the Joint General
Government and Planning and Development Committees Report as it relates to
his law practice. Councillor Neal muted his audio and video and refrained from
discussion and voting on this matter.
Resolution # C-198-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Memo from Faye Langmaid, Acting Director of Planning Services,
Regarding Recommendation Report - Proposed Official Plan Amendment and
Rezoning to Implement the Bowmanville Neighbourhood Character Study, be
received for information.
Carried
Councillor Neal returned to the meeting.
Item 5 - Melanie Hakl, Administrative Clerk 2, Legislative Services, Town of
Gravenhurst, Regarding Support for Adding Community Gardens, Garden
Centres and Nurseries to the Essential Services List during the COVID-19
Pandemic
Resolution # C-199-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Correspondence from Melanie Hakl, Administrative Clerk 2, Legislative
Services, Town of Gravenhurst, Regarding Support for Adding Community
Gardens, Garden Centres and Nurseries to the Essential Services List during the
COVID-19 Pandemic, be received for information.
Carried
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Item 6 - COD-014-20 RFP2020-2 Ward Boundary Review
Resolution # C-200-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report COD-014-20 be received;
That the proposal received from Watson & Associates Economists Ltd, being the
most responsive bidder meeting all terms and conditions and specifications of
RFP2020-2 and subject to a satisfactory reference check, be awarded the
contract for the provision of consulting services to complete the Ward Boundary
Review;
That the total funds required for this project in the amount of $66,074.80 (Net
HST Rebate) which includes the over budget amount of $1,074.80 be funded
from within approved budget allocations as provided from the following accounts:
Description Account Number Amount
Elections Professional Fees 100-19-193-10190-7161 $65,000
Admin Professional Fees 100-19-130-00000-7161 $1,074
That all interested parties listed in Report COD-014-20 and any delegations be
advised of Council's decision.
Carried
Item 7 - Report PSD-012-20 - Cedar Crest Beach Update — Beach
Erosion/Property Loss Study
Resolution # C-201-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report PSD-012-20, Cedar Crest Beach Update — Beach Erosion/Property
Loss Study, be referred to the end of the Agenda to be considered during Closed
Session.
Carried
Item 8 - Region of Durham Mixed Waste Pre -Sort and Anaerobic Digestion
Organics Processing Facility — Site Selection Process Municipal Comments
on Evaluation of Short -List of Sites and Identification of Preferred Site
Resolution # C-202-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report PSD-013-20 be received;
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That Clarington declares itself to be an unwilling host community to anaerobic
digestion and waste pre-sort facility as recommended in the preliminary siting
report;
That Report PSD-013-20 be adopted as the Municipality of Clarington's
comments on the Mixed Waste Transfer/Pre-Sort and Anaerobic Digestion
Organics Processing Facility Siting Report (GHD, March 6, 2020);
That the Region of Durham be requested to address the comments in Report
PSD-013-20;
That the Region of Durham be requested to collaborate with the Municipality by
committing and contributing to the economic development objectives of the
Courtice Waterfront and Energy Park area;
That staff be requested to provide a confidential memo regarding development
options being explored for the waterfront park at the May 4, 2020 Council
meeting;
That a copy of Report PSD-013-20 and Council's decision be sent to the Region
of Durham, the Ministry of Environment, Conservation and Parks, and the other
Durham Region area municipalities; and
That all interested parties listed in Report PSD-013-20 and any delegations be
advised of Council's decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, and Councillor Zwart
Absent (1): Councillor Traill
Carried on a Recorded Vote Later in the Meeting, See following Motions
(6 to 0)
Resolution # C-203-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That the foregoing Resolution #C-202-20 be amended as follows:
In Paragraph two:
"That the words "the Regional" be inserted before the word anaerobic" ;
That the following be added at the end:
"That Staff report back to the June 15th meeting on whether the siting
of the Anaerobic Digestion Organics Processing Facility, in
Clarington's Energy Park is a breach of the 2010 EFW Host
Community Agreement provisions."; and
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That Paragraph six be replaced with the following:
"That the Memo from Faye Langmaid, Acting Director of Planning,
regarding Courtice Waterfront and Energy Park Secondary Plan, be
received for information;"
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, and Councillor Zwart
Absent (1): Councillor Traill
Carried (6 to 0)
The foregoing Resolution #C-202-20 was then put a vote and carried as
amended on a recorded vote.
12. Staff Reports
12.1 Report FND-010-20 - COVID-19 Cash Flow Analysis
Resolution # C-204-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report FND-010-20 be received for information.
Tabled see following motions
Resolution # C-205-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report FND-010-20 be tabled to later in the meeting to be considered
during Closed Session.
Carried
13. Business Arising from Procedural Notice of Motion
None
14. Unfinished Business
14.1 Report EGD-006-20 Cedar Crest Beach Rd and West Beach Rd Berm
Review and Estimates (Tabled from the May 4, 2020 Joint Committees
Meeting)
Lifted from the Table
Resolution # C-206-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report EGD-006-20 Cedar Crest Beach Rd and West Beach Rd Berm
Review and Estimates, be lifted from the table.
Carried
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Resolution # C-207-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report EGD-006-20 Cedar Crest Beach Rd and West Beach Rd Berm
Review and Estimates, be tabled to the May 11, 2020 General Government
Committee meeting.
Carried
Recess
Resolution # C-208-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:52 PM with Mayor Foster in the Chair.
14.2 Report EGD-007-20 - Temporary Bike Lanes on Prestonvale Road
Resolution # C-209-20
Moved by Councillor Jones
Seconded by Councillor Neal
That Report EGD-007-20 be received;
That temporary bike lanes be created using the staff recommended route and
signage but that no barrels be use;
That parking on Prestonvale Road from Robert Adams Drive to Bloor Street be
temporarily prohibited at all times, until the end of August 2020;
That signs for bike friendly area be placed on Prestonvale Road between
Glenabbey Drive to Bloor Street; and
That all interested parties listed in Report and any delegations be advised of
Council's decision.
Carried as Amended See following motions
Resolution # C-210-20
Moved by Councillor Jones
Seconded by Councillor Neal
That the foregoing Resolution #C-209-20 be amended as follows:
"Paragraph 3 be amended to delete "Bloor Street" and replaced with
"the southerly urban section of Prestonvale Road"; and
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That the following be added:
Carried
May 4, 2020
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That the necessary by-law to amend the Traffic By-law to enact
Council's decision be approved."
Resolution # C-211-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #C-209-20 for a second time.
Carried
The foregoing Resolution #C-209-20 was then put a vote and carried as
amended.
Item 7 - Report PSD-012-20 - Cedar Crest Beach Update — Beach
Erosion/Property Loss Study
12.1 - Report FND-010-20 - COVID-19 Cash Flow Analysis
Closed Session
Resolution # C-212-20
Moved by Councillor Neal
Seconded by Councillor Anderson
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,
• personal matters about an identifiable individual, including municipal or local
board employees and with labour relations or employee negotiations;
• a matter that deals with advice that is subject to solictor-client privilege,
including communications necessary for that purpose.
Carried
Rise and Report
The meeting resumed in open session at 11:04 PM.
Mayor Foster advised that two items were discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed on a procedural matter.
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Item 7 - Report PSD-012-20 - Cedar Crest Beach Update — Beach
Erosion/Property Loss Study
Resolution # C-213-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report PSD-012-20 - Cedar Crest Beach Update — Beach Erosion/Property
Loss Study, be tabled to the May 11, 2020 General Government Committee
meeting.
Carried
12.1 Report FND-010-20 - COVID-19 Cash Flow Analysis
Earlier in the meeting Report FND-010-20 was tabled to be considered during
Closed Session (See Resolution #C-204-20). Resolution #C-204-20 was then
before Council, was put to a vote and carried.
15. By-laws
15.1 2020-029 - 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"
Resolution # C-214-20
Moved by Councillor Hooper
Seconded by Councillor Jones
That leave be granted to introduce By-law 2020-029; and
That the said by-law be approved.
Carried
16. Procedural Notices of Motion
None
17. Other Business
Councillor Neal enquired about 3574 Concession Road 3 and a letter sent from
Planning regarding the minimum distance separation on agricultural property.
Councillor Neal referred to photos of Pebblestone Road and Trulls Road and
noted his concerns with the with priority of road repairs in the Municipality.
Councillor Neal enquired about the leaves on the sides of the roads and when
they will be cleaned up.
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18. Confirming By -Law
Resolution # C-214-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2020-030, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 4th day of May, 2020; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-215-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the meeting adjourn at 11:21 PM.
Carried
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