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Council Minutes
Date: July 6-7, 2020
Time: 7:00 p.m.
Location: Microsoft Teams
Present Were: Mayor A. Foster
Present Via Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor J.
Means: Jones, Councillor J. Neal, Councillor C. Traill, Councillor M.
Zwa rt
Staff Present: A. Greentree, L. Patenaude
Present Via Electronic A. Allison, G. Acorn, R. Albright, S. Brake, F. Langmaid, R.
Means: Maciver, M. Marano, T. Pinn, G. Weir
1. Call to Order
Mayor Foster called the meeting to order at 7:00 p.m.
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 Report CSD-005-20 regarding the
2020 Community Sponsorship Requests for Autism Home Base Durham (Item 39
of the General Government Committee Report).
Councillor Neal declared an indirect interest in Item 14.1 regarding Addendum to
Report PSD-015-20 - Bowmanville Neighbourhood Character Study.
Later in the meeting, Councillor Neal declared a direct interest in By-laws 2020-
050 and 2020-051.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
July 6-7, 2020 Council Minutes
Alter the Agenda
Resolution # C-306-20
Moved by Councillor Anderson
Seconded by Councillor Jones
That the Agenda be altered to consider Item 7.1, regarding 2020 Awards of
Excellence, at this time.
Carried
7. Presentations
7.1 2020 Awards of Academic Excellence
Mayor Foster advised that the 19t" Annual "Awards for Academic Excellence"
program was developed in 2001 to recognize students from Clarington's local
elementary and secondary schools. Mayor Foster indicated that local elementary
and secondary schools were asked to submit the name of a graduating student
who, in their opinion, has demonstrated academic excellence combined with a
commitment to leadership and community service.
Each student will be provided with a personal framed certificate and, as a further
commitment to Council's recognition of local students, secondary students who
were being recognized will receive a cheque for $100.00 as a bursary to further
their educational pursuits.
Mayor Foster recognized the following elementary students:
Amy John, Knox Christian School
Treyson Stewart, Good Shepherd Elementary School
Elizabeth McFarland, Monsignor Leo Cleary Elementary School
John Walchuck, St. Mother Theresa Elementary School
Amber Franke, St. Elizabeth Elementary School
Caelyn Smith, St. Francis of Assisi Elementary School
Olivia Therrien, St. Joseph Catholic Elementary School
Annie Mills, Courtice Intermediate School
Owen Baker, Courtice North Public School
Ella Mastin, Dr. Emily Stowe Public School
Natalya Walker, Dr. Ross Tilley Public School
Nevaia Whtye and Alyson Murray, Harold Longworth Pubic School
Prisha Fields, John M. James Public School
Mae Nelson, Lydia Trull Public School
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July 6-7, 2020 Council Minutes
Asmitha Kiritharan, M.J. Hobbs Senior Public School
Ethan Benight, S.T. Worden Public School
Gavin Savage, The Pines Senior Public School
Rylynn Hannah Lee, Waverly Public School
Brooklyn Crandles, Vincent Massey Public School
Andrew Gaulton, Holy Family Elementary School
Thirn Bhavan, Duke of Cambridge Public School
Mayor Foster recognized the following secondary students:
Rosa Parentesis, Courtice Secondary School
Luke Cheshire, Clarke High School
Elizabeth Arbour, St. Stephen Secondary School
Isabel Smith, Holy Trinity Secondary School
Charlotte Stapley, Durham Christian High School
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated June 15, 2020
6.2 Minutes of a special meeting of Council dated June 22, 2020
Resolution # C-307-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the minutes of the regular meeting of the Council held on June 15, 2020 be
approved; and
That the minutes of the special meeting of the Council held on June 22, 2020 be
approved.
Carried
Recess
Resolution # C-308-20
Moved by Councillor Jones
Seconded by Councillor Hooper
That the Council recess for 15 minutes.
Carried
The meeting reconvened at 7:35 p.m. with Mayor Foster in the Chair.
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July 6-7, 2020 Council Minutes
8. Delegations
8.1 Victor Suppan regarding Addendum to Report PSD-015-20, Proposed
Official Plan Amendment and Rezoning to Implement the Bowmanville
Neighbourhood Character Study
Victor Suppan withdrew his request to address Council.
8.2 Andrew Rice regarding Addendum to Report PSD-015-20, Proposed Official
Plan Amendment and Rezoning to Implement the Bowmanville
Neighbourhood Character Study
Andrew Rice was present via electronic means regarding Addendum to Report
PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the
Bowmanville Neighbourhood Character Study. Mr. Rice requested that Council
approve recommendation 2b in Report PSD-015-20 and that an extra half meter
be approved for 64 Prospect Street to allow flexibility for the high-water table. He
concluded by stating that they are willing to help with engaging community
support.
8.3 John McDermott, McDermott and Associates Limited, regarding Addendum
to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to
Implement the Bowmanville Neighbourhood Character Study
John McDermott, McDermott and Associates Limited, was present via electronic
means regarding Addendum to Report PSD-015-20, Proposed Official Plan
Amendment and Rezoning to Implement the Bowmanville Neighbourhood
Character Study. Mr. McDermott noted that he is the representative for both the
Rice and McGregor family. He requested that Council approve recommendation
2b in Report PSD-015-20. Mr. McDermott expressed his concerns regarding the
water table and design of the development. He explained that the 8.5m height is
a serious restriction for the property of 64 Prospect Street. Mr. McDermott
concluded by suggesting "that the maximum lot coverage on any lot be set to
35% up to a maximum of be 228 m2 to ensure the caricature of the community as
a whole".
Suspend the Rules
Resolution # C-309-20
Moved by Councillor Hooper
Seconded by Councillor Traill
That the Rules of Procedure be suspended to add Jim Grimley and Mike
Campbell as delegations.
Carried
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July 6-7, 2020 Council Minutes
Alter the Agenda
Resolution # C-310-20
Moved by Councillor Hooper
Seconded by Councillor Jones
That the Agenda be altered to consider Item 14.1, Addendum to Report PSD-
015-20 - Bowmanville Neighbourhood Character Study, at this time.
Carried
14.1 Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character
Study, Addendum to Report PSD-015-20
Councillor Neal declared an indirect interest in Addendum to Report PSD-015-20
- Bowmanville Neighbourhood Character Study, as it relates to his law practice.
Councillor Neal muted his audio and video and refrained from discussion on this
matter.
Resolution # C-311-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Report PSD-015-20 be received;
That Addendum Report PSD-015-20 be received;
That the Official Plan Amendment contained in Attachment 1 of Report PSD-015-
20 be approved;
That the revised Zoning By-law Amendment that also repeals Interim Control By-
law 2018-083 contained in Attachment 2b of Addendum Report PSD-015-20 be
approved;
That in accordance with Section 45(1.4) of the Planning Act, Council permit
minor variance applications to be submitted for the lands subject to the Zoning
By-law Amendment contained in Addendum Report PSD-015-20, provided the
application is accompanied by a character analysis as determined by the Director
of Planning;
That the Durham Regional Planning and Economic Development Department,
the Ministry of Municipal Affairs and Housing and the Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-015-20, Addendum
Report PSD-015-20 and Council's decision; and
That all interested parties listed in Addendum Report PSD-015-20 and any
delegations be advised of Council's decision.
Carried
Councillor Neal returned to the meeting
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8.4 Jim Grimley, Vice President, Wilmot Creek Homeonwers' Association,
regarding Report EGD-013-20 Whistle Cessation Update - Cobbledick Rd
and Bennett Rd
Jim Grimley, 1st Vice President, Wilmot Creek Homeowners' Association, was
present via electronic means regarding Report EGD-013-20 Whistle Cessation
Update - Cobbledick Rd and Bennett Rd. Mr. Grimley stated that, before COVID-
19, there was an average of 28 VIA trains and 10 freight trains per day. He
added that, each train whistles four times per day at the Bennett Road and
Cobbledick Road crossings. Mr. Grimley reviewed the various decibel readings
at Wilmot Creek including time, distance, volume and sound levels. He noted
that, there will be an increase in the number of trains per day and stated his
concern for increased noise pollution. Mr. Grimley explained the importance of
whistles and rail crossing safety and noted the number of accidents are less than
before whistle bans were enacted. He stated that the crossings at Wilmot Creek
are not high risk and do not appear on the top 500 crossings risk list. Mr.
Grimley reviewed the areas that will be affected by the whistle blast. He added
that, whistle noise pollution affects the quality of life and concluded by stating the
19th century origins of train whistle procedures. Mr. Grimley answered questions
from Members of Council.
Suspend the Rules
Resolution # C-312-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
8.5 Mike Campbell, regarding Darlington Boulevard - Courtice - Potential
Traffic Calming Measures
Staff attempted to contact Mr. Campbell via phone and electronic means but he
did not join the meeting.
9. Communications — Receive for Information
There were no Communications to be received for information.
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July 6-7, 2020 Council Minutes
10. Communications — Direction
10.1 Confidential Memo from Ron Albright, Acting Director of Engineering
regarding Land Appraisal Value for Portions of Given Road to be Closed
and Conveyed as Part of Adjacent Development Proposals
10.4 Stuart McReynolds, regarding Addendum to Report PSD-019-20, 415 Mill
Street
10.8 Willie & Donna Woo, regarding Support of Government's Commission on
Long -Term Care
Resolution # C-313-20
Moved by Councillor Zwart
Seconded by Councillor Neal
That Correspondence Items 10.1, 10.4, and 10.8, be approved as per the
agenda.
Carried
10.5 Patricia and Andrew Rice and Don McGregor, regarding Addendum to
Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to
Implement the Bowmanville Neighbourhood Character Study
Communication Item 10.5 was considered earlier in the meeting during the
deliberations of Item 14.1.
10.2 Memo from Trevor Pinn, Director of Finance/Treasurer regarding Newcastle
Skateboard Park RFP
Resolution # C-314-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Staff proceed to issue an RFP for the design/build of the Newcastle
Skateboard Park utilizing a weighted scoring method.
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)
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July 6-7, 2020 Council Minutes
10.3 Dave Wilkes, President and CEO, BILD, Joe Vaccaro, CEO, OHBA, and
Kevin Lee, CEO, CHBA, regarding CHBA Construction to Kick Start
Ontario's Economy: CHBA, OHBA, and BILD - Submission on Jobs &
Recovery
Resolution # C-315-20
Moved by Councillor Neal
Seconded by Councillor Traill
That Communication Item 10.3 from Dave Wilkes, President and CEO, BILD, Joe
Vaccaro, CEO, OHBA, and Kevin Lee, CEO, CHBA,
Construction to Kick Start Ontario's Economy: CHBA
Submission on Jobs & Recovery, be endorsed by th
Motion Withdrawn
Resolution # C-316-20
Moved by Councillor Neal
Seconded by Councillor Hooper
e
That Communication Item 10.3 be referred to staff to report back at the
September 14, 2020 Joint General Government and Planning and Development
Committee meeting.
Carried
10.6 Susan Cassel, City Clerk, City of Pickering, regarding Official
Opposition Statement on Municipal Financial Support
Resolution # C-317-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the following resolution from Susan Cassel, City Clerk, City of Pickering,
regarding Official Opposition Statement on Municipal Financial Support, be
endorsed by the Municipality of Clarington:
That Council endorse the NDP motion calling on the provincial
government to work with the federal government to address the systemic
financial challenges facing municipalities that have been exacerbated by
COVID-19, and to implement the recommendations brought forward by
the Federation of Canadian Municipalities and the Association of
Municipalities of Ontario; and
That Council's endorsement be forwarded to the Premier of Ontario,
Durham MP's and MPPs, AMO, FCM and Durham Region
municipalities.
Carried
July 6-7, 2020 Council Minutes
10.7 Jennifer Astrologo, Director of Corporate Services/Clerk, Corporate
Services Department, Town of Kingsville, regarding Request that the Rent
Assistance Program Includes all Businesses in a Lease Agreement Without
a Cap on Commercial/Residential Ratio
Resolution # C-318-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the following resolution from Jennifer Astrologo, Director of Corporate
Services/Clerk, Corporate Services Department, Town of Kingsville, regarding
Request that the Rent Assistance Program Includes all Businesses in a Lease
Agreement within all "Residential -Above -Commercial" Properties without a Cap
on Commercial/Residential Ratio, be endorsed by the Municipality of Clarington:
Whereas the COVID-19 Pandemic has greatly impacted the business
community in the Town of Kingsville;
Whereas the Province of Ontario has provided financial assistance
including a multi -level Rent Assistance program to the business
community impacted by the COVID-19 Pandemic;
Whereas the Rent Assistance program offered by the Province of Ontario
established an arbitrary cap on multi -use properties where it is common
for "residential -above -commercial" developments, especially in downtown
and Main Street corridors;
Whereas Kingsville, particularly in our downtown business centres, has
several properties with residential -above -commercial where the ratio of
commercial storefront businesses represents less than 30 per cent of the
entire building, thus leaving a gap where local business owners cannot
qualify for rent relief with their willing landlords; and
Whereas the Town of Kingsville's newly adopted Business Retention and
Expansion Project Report identified that Kingsville businesses would
benefit from the Province expanding the Rent Assistance program to
include all commercial lease properties regardless of overall footprint.
Now Therefore Be It Resolved that, the Town of Kingsville requests that
the Province of Ontario expand their Rent Assistance program to include
all businesses in a lease agreement within all "residential -above -
commercial" properties without a cap on commercial/residential ratio;
And Finally, that this Resolution be circulated to the Premier, Doug Ford,
the Minister of Finance, Rod Phillips, our local MPP Taras Natyshak, and
all Ontario municipalities requesting their support.
Carried
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July 6-7, 2020 Council Minutes
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Agricultural Advisory Committee dated June 11, 2020
11.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated June 16, 2020
11.1.3 Minutes of the Clarington Heritage Committee dated June 16, 2020
11.1.4 Minutes of the Clarington Diversity Committee dated June 4, and June 25,
2020
Resolution # C-319-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved.
Carried
11.2 General Government Committee Report of June 22, 2020
Resolution # C-320-20
Moved by Councillor Jones
Seconded by Councillor Neal
That the recommendations contained in the General Government Committee
Report of June 22, 2020 be approved on consent, with the exception of items 33,
1 f, 1 m, 13, 23, 39.
Carried
Item 33 - Clarington Ravens Grant Application
Resolution # C-321-20
Moved by Councillor Jones
Seconded by Councillor Neal
That Grant Application #20-32, from the Clarington Ravens, be received for
information.
Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwa rt
Motion Lost on a recorded vote, Later in the meeting, See following motion
(3 to 4)
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July 6-7, 2020 Council Minutes
Resolution # C-322-20
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-321-20 for a second time.
Carried
The foregoing Resolution #C-321-20 was then put to a recorded vote and lost.
Resolution # C-323-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Grant Application #20-32, from the Clarington Ravens, be approved in
the amount of $2,500.00.
Motion Withdrawn
Resolution # C-324-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Grant Application #20-32, from the Clarington Ravens, be approved in
the amount of $1,000.00.
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 39 - Autism Home Base Durham
Councillor Neal declared an indirect interest in Report CSD-004-20 regarding the
2020 Community Grant Requests for Autism Home Base Durham (Application
#20-19) as he is a member of the Board. Councillor Neal muted his audio and
video and refrained from discussion on this matter.
Resolution # C-325-20
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Grant Application #20-19, from Autism Home Base Durham, be
approved in the amount of $3000.00.
Carried
Councillor Neal returned to the meeting
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July 6-7, 2020 Council Minutes
Item 1f - Memo from Ron Albright, Acting Director, Engineering Services,
Regarding Flooding on Nash Road
Resolution # C-326-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the memo from Ron Albright, Acting Director, Engineering Services,
regarding Flooding on Nash Road, be received for information.
Carried
Item 1 m - Strategic Plan Update
Resolution # C-327-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report CAO-016-20, Strategic Plan Update, be received for information.
Carried
Item 13 - Operations Needs Assessment
Resolution # C-328-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report OPD-006-20, Operations Needs Assessment, be received for
information.
Motion Withdrawn
Resolution # C-329-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report OPD-006-20 be referred to the September 14, 2020 Joint General
Government and Planning and Development Committee meeting.
Carried
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July 6-7, 2020 Council Minutes
Item 23 - Single Source Award to Grant Thornton for the Development of
Key Performance Indicators and Management by Objectives
Resolution # C-330-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FND-025-20 be received;
That, under the single source provision of the Municipality's Purchasing By -Law
and based on the proposal received, Council grant the Purchasing Manager the
authority to negotiate an agreement with Grant Thornton for the development of
Key Performance Indicators (KPIs) and Management by Objectives (MBOs) for
the Municipality;
That the Purchasing Manager be authorized to execute the necessary agreement
with Grant Thornton for the services, outlined in Recommendation 2, in a form
acceptable to the Municipal Solicitor;
That funds required for the services be funded from the Continuous Improvement
Reserve Fund; and
That all interested parties listed in Report FND-025-20 and any delegations be
advised of Council's decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor
Jones, Councillor Traill, and Councillor Zwart
No (1): Councillor Neal
Carried on a recorded vote, Later in the meeting, See following motions (6
to 1)
Recess
Resolution # C-331-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:47 p.m. with Mayor Foster in the Chair.
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July 6-7, 2020 Council Minutes
Resolution # C-332-20
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-330-20 for a second time.
Carried
The foregoing Resolution #C-330-20 was then put to a recorded vote and
carried.
11.3 Special Planning and Development Committee Report of June 23, 2020
Resolution # C-333-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the recommendations contained in the Special Planning and Development
Committee Report of June, 23, 2020 be approved on consent.
Carried
11.4 Planning and Development Committee Report of June 29, 2020
Resolution # C-334-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the recommendations contained in the Planning and Development
Committee Report of June, 29, 2020 be approved on consent, with the exception
of Item 1 a.
Carried
Item 1 a — Confidential Report LGL-005-20 Camp 30 Option Agreement
Resolution # C-335-20
Moved by Councillor Neal
Seconded by Councillor Jones
That legal action be initiated to enforce the 2016 agreement which required the
transfer of $500,000 to Clarington which was to be utilized to preserve the
buildings at Camp 30, and the transfer of the land for Camp 30.
Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwa rt
Motion Lost on a recorded vote, Later in the meeting, See following
motions (3 to 4)
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July 6-7, 2020 Council Minutes
Closed Session
Resolution # C-336-20
Moved by Councillor Neal
Seconded by Councillor Zwart
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 advice that is subject to solicitor -client privilege, including
communications necessary for that purpose.
Carried
Rise and Report
The meeting resumed in open session at 10:48 p.m.
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.
Suspend the Rules
Resolution # C-337-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to extend the meeting for an hour
until 12:00 AM.
Carried
The foregoing Resolution #C-335-20 was then put to a recorded vote and lost.
Resolution # C-338-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Confidential Report LGL-005-20, 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, as amended, on a recorded vote, See following motions (4 to 3)
Resolution # C-339-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the foregoing Resolution #C-338-20 be amended by adding the following at
the end:
That the Solicitor be directed to share, by way of a confidential
memorandum, a description of the path forward on this matter.
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July 6-7, 2020 Council Minutes
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)
Resolution # C-340-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #C-338-20 for a second time.
Carried
That the foregoing Resolution #C-338-20 was then put to a recorded vote and
carried as amended.
12. Staff Reports
12.1 Confidential Report FND-026-20 - Appointment of Municipal Officer
Closed Session
Resolution # C-341-20
Moved by Councillor Neal
Seconded by Councillor Zwart
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.
Withdrawn
Resolution # C-342-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report FND-026-20, Appointment of Municipal Officer, be considered in
Closed Session later in the meeting, immediately before Item 15.
Carried
12.2 Confidential Report LGL-006-20 - Anaerobic Digestion Facility Dispute
Resolution Process - Update #1
Resolution # C-343-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Confidential Report LGL-006-20, be received for information.
Carried, Later in the meeting
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July 6-7, 2020 Council Minutes
Resolution # C-344-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Item 12.2, regarding Anaerobic Digestion Facility Dispute Resolution
Process - Update #1, be referred to be considered in Closed Session, later in the
meeting immediately before Item 15.
Carried
12.3 Report PSD-027-20 - An Application by Lanarose Homes Ltd. for a Removal
of Holding to Permit an Apartment Building Containing 116 Residential
Units in the Port of Newcastle
Resolution # C-345-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report PSD-027-20 be received;
That the application submitted by Lanarose Homes Ltd. to remove the Holding
(H) symbol be conditionally approved as contained in Attachment 1 to Report
PSD-027-20;
That the Mayor and the Municipal Clerk be authorized to enact the By-law
included as Attachment 1 of Report PSD-027-20 upon receipt by the Municipality
of an executed Site Plan Agreement and the appropriate securities;
That Council's decision and a copy of Report PSD-027-20 be forwarded to the
Region of Durham and the Municipal Property Assessment Corporation; and
That all interested parties listed in Report PSD-027-20 and any delegations be
advised of Council's decision.
Carried
13. Business Arising from Procedural Notice of Motion
None
14. Unfinished Business
14.1 Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character
Study, Addendum to Report PSD-015-20
Addendum to Report PSD-015-20 — Bowmanville Neighbourhood Character
Study was considered earlier in the meeting.
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July 6-7, 2020 Council Minutes
14.2 Addendum to Report EGD-011-20 - Proposal to Close and Convey a Portion
of a Road Allowance (Given Road) Situated in Lot 30, Concession 2, Former
Township of Clarke, Addendum to EGD-011-20
Resolution # C-346-20
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report EGD-011-20 and Addendum to Report EGD-011-20 be received;
That Part 1 on Plan 40R-30883 be declared surplus, closed and conveyed to
Tornat Newcastle Limited for the appraised value;
That Parts 2, 3, 4, 6, 10 and 12 on Plan 40R-30883 be declared surplus, closed
and conveyed to Lindvest Property (Clarington South) Limited for the appraised
value;
That paragraph 3 be conditional on the gratuitous dedication of Part 11 on Plan
40R-30883 to the Municipality;
That paragraphs 2 and 3 be conditional on payment by the applicants of all
applicable costs and fees for the preparation and registration of the transfers,
including HST;
That the Mayor and the Municipal Clerk be authorized to enact the by-law
included as Attachment 2 to Addendum to Report EGD-011-20 upon confirmation
to the Municipality that the electrical power lines situated within the Given Road
allowance have been successfully relocated to the satisfaction of Elexicon
Energy Inc.; and
That all interested parties listed in Addendum to Report EGD-011-20 and any
delegations be advised of Council's decision.
Carried
14.3 Darrin Canniff, Mayor/CEO, Municipality of Chatham -Kent, Regarding
Support of Government's Commission on Long -Term Care
Resolution # C-347-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Correspondence from Darrin Canniff, Mayor/CEO, Municipality of
Chatham -Kent, Regarding Support of Government's Commission on Long -Term
Care, be endorsed by the Municipality of Clarington.
Carried
im
July 6-7, 2020 Council Minutes
Suspend the Rules
Resolution # C-348-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to extend the meeting until 12:30 AM.
Carried
14.4 EGD-013-20 Whistle Cessation Update - Cobbledick Rd and Bennett Rd
Resolution # C-349-20
Moved by Councillor Traill
Seconded by Councillor Anderson
Whereas Wilmot Creek residents presented Clarington Council with a petition
containing over nine hundred signatures asking for Clarington to follow the lead
of Markham, Cobourg and Nepean in banning the train horn at two level
crossings located in the vicinity of Wilmot Creek Adult Lifestyle Community;
Whereas Clarington residents deserve affordable and healthy living space;
Whereas Wilmot Creek residents have cited the blaring of the train horn during
the day and night as being intrusive and negatively affecting their quality of life
and health;
Whereas there are currently thousands of miles of noise barriers along Highway
401 because the Province recognizes the importance of noise attenuation; and
Whereas Clarington Council gave direction to Staff at the Special General
Government Committee meeting on February 19, 2019 to move forward with the
request to seek the elimination of the train whistles at the Cobbledick Road (CN
Mileage 287.26) and Bennett Road (CN Mileage 289.08) grade level crossings;
Now Therefore Be It Resolved:
That Staff apply immediately to the Rail Safety Improvement Program —
Infrastructure, Technology and Research (RSIP-ITR) for funding through
Transport Canada to cover the cost of the level crossing improvements
referenced in Report EGD-013-20 for the Bennett Road and Cobbledick Road
level crossings in advance of the August 1, 2020 deadline;
That Staff report back to Committee at the September 14, 2020 Joint General
Government and Planning and Development Committee meeting, on including
the cost of the level crossing improvements or a portion thereof referenced in
Report EGD-013-20 at the Bennett Road and Cobbledick Road grade level
crossings as a chargeable item under Clarington's Development Charges By -
Law under the Development Charges Act as being related to growth for all new
developments occurring within a 10 kilometre radius of both level crossings (see
paragraphs 4 and 5 herein), thereby securing future funding for future train
whistle cessation requests;
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July 6-7, 2020 Council Minutes
That in addition, or as an alternative to paragraph #2 if level crossing
improvements are ineligible under the Development Charges By -Law and are
consequently eligible under the new Community Benefits Charge, Staff report
back to Committee at the September 14, 2020 Joint Committee on how to adopt
a Community Benefits Charge By -Law and on including the cost of level crossing
improvements or a portion thereof referenced in Report EGD-013-20 at Bennett
Road and Cobbledick Road as a Community Benefit Charge under the Planning
Act.
That Staff contact the Canadian Transportation Agency to obtain the following
information with respect to the Bennett Road and Cobbledick Road level
crossings:
1. The number of trains per day on the corridor;
2. How many cars cross the level crossing in one day;
3. The daily cross product calculation which is used to determine what level
crossing protection is required at these two crossings; and
4. If either or both of the two crossings meet the daily cross product
calculation, depending on whether the rail corridor or the roads were
there first, can the burden of the cost of the level crossing improvements
be shared by the Municipality and the rail company?
That Staff report back to Committee at the September 14, 2020 Joint General
Government and Planning and Development Committee meeting as to whether
any new plans of subdivision within a ten kilometre radius of both rail crossings
will result in more vehicles crossing the rail corridor and if so, how many more
vehicles per day/week/month are estimated to be crossing the rail corridor;
That Staff report back to Committee at the September 14, 2020 Joint General
Government and Planning and Development Committee meeting on how to
include the cost or a portion thereof of the level crossing improvements
recommended in Report EGD-013-20 at Cobbledick Road as a condition of any
as yet unapproved plans of subdivision for developments taking place within a
ten kilometre radius of both crossings because the crossing improvements are
reasonably required for the developments;
That the Director of Finance report back on any other potential funding sources
to cover the cost of the level crossing improvements or a portion thereof
referenced in Report EGD-013-20 at Bennett Road and Cobbledick Road (i.e.
imposition of an area -specific tax levy with the levy offset from Rate
Stabilization), or from Roads Reserve amortized over several years and, or
adding the cost of the level crossing improvements to the five-year capital budget
for the Municipality's roads;
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July 6-7, 2020 Council Minutes
That Staff identify and report back to Committee at the September 14, 2020 Joint
Committee, in consultation with WSP, the "influence area" (i.e. where the train
whistle is audible), when sounded at the Bennett Road and Cobbledick Road
level crossings. Staff, in consultation with WSP, shall also provide an estimate of
the number of properties in that influence area that will benefit from stopping the
train horn with specific reference to both existing and planned (new)
developments within a ten kilometer radius of both crossings;
That all interested parties be updated throughout the summer break on a
triweekly -basis by email, including: the Mayor and Council, the Wilmot Creek
Homeowners' Association, and any other interested parties; and
That this Motion be circulated to the office of MP Erin O'Toole, MP Philip
Lawrence, and the Wilmot Creek Homeowners' Association and any other
interested parties.
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)
14.5 Memo from Ron Albright, Acting Director of Engineering,
regarding Darlington Boulevard — Courtice — Potential Traffic Calming
Measures
Resolution # C-350-20
Moved by Councillor Jones
Seconded by Councillor Neal
That the Memo from Ron Albright, Acting Director of Engineering, regarding
Darlington Boulevard - Courtice - Potential Traffic Calming Measures, be
received;
That Speed Limit on Darlington Blvd. in Courtice be decreased to 40 km/hr
immediately;
That, temporary traffic calming approaches of centreline flexible bollards and
shoulder treatments as recommended by the Engineering Department, be put
into place as soon as possible; and
That the necessary amending By-law, to the Traffic By-law, to implement the
speed reduction, be approved.
Carried
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July 6-7, 2020 Council Minutes
Suspend the Rules
Resolution # C-351-20
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to extend the meeting until 1:15 a.m.
Carried
Recess
Resolution # C-352-20
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 12:38 AM with Mayor Foster in the Chair.
Alter the Agenda
Resolution # C-353-20
Moved by Councillor Zwart
Seconded by Councillor Traill
That the Agenda be altered to consider New Business, at this time.
Carried
17. Other Business
Suspend the Rules
Resolution # C-354-20
Moved by Councillor Zwart
Seconded by Councillor Traill
That the Rules of Procedure be suspended to allow New Business items to be
added to the Agenda.
Carried
17.1 Mandatory Masks Indoors for Clarington Businesses
Councillor Zwart indicated that in light of the Dr. Robert Kyle's, Medical Officer of
Health, Region of Durham announcement earlier today, Councillor Zwart stated
that she would not bring this matter forward.
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July 6-7, 2020 Council Minutes
17.2 Condition of Region Roads
Resolution # C-355-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas the Region of Durham has been systematically repaving regional roads
for the last few years;
Whereas they have been painting lines on the road surface to mark the centre
line and to delineate a narrow bike lane on the shoulder side;
Whereas the pavement being used is too thin to withstand the heavier weight of
large vehicles, including farm machinery, and they usually take the whole width
from the centre of the road to the shoulder;
Whereas the edges of the pavement on recently repaved regional roads are
crumbling and breaking away thereby effectively removing the small narrow bike
lane;
Whereas this crumbling edge makes it difficult to grade any shoulder that may be
there causing them to become eroded and too rough to travel on;
Whereas the crumbling roadway shoulders are forcing cyclists to ride on the
main portion of the road causing automobiles and farm equipment to cross over
the centre line to avoid the cyclists thereby creating a hazardous situation
especially if oncoming traffic is heavy; and
Whereas the best examples of the above situation are the Newtonville Rd and
Durham 42;
Now Therefore Be It Resolved,
That the Municipality of Clarington Staff be directed to bring this dangerous
situation to the attention of the Region of Durham Works Department to upgrade
the quality of any future paving projects and repair any deterioration of current
roads to allow for the safe transit of cyclists and motorists and operation of large
vehicles and farm equipment as they share the roads; and
That a copy of this resolution be forwarded to the Region of Durham.
Carried
17.3 Temporary Beach Closures
Resolution # C-356-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That staff prepare and place pictorial signage at both East Beach and West
Beach advising of the By-laws applicable (namely beach access to resident only,
no fires, no dogs, no using the washroom on the beach; no littering, etc.);
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July 6-7, 2020 Council Minutes
That Clarington implement a registration system for residents to purchase a
$5.00 season -long pass to access Clarington beaches (Newcastle, Bowmanville
and Courtice) and for the registration system to be administered by the
Community Services Department,
That to qualify for a beach access pass, the registrant must prove residency with
a valid Driver's License or lease agreement;
That an additional By-law Officer be hired on a Temporary/Contractual basis to
assist with enforcement of the beach user registration system at all four public
beach locations (largely evenings and weekends until the end of September);
That Staff explore accessing COVID-19 relief funds to offset the additional By-
law hire on a Temporary/Contractual basis to assist with enforcement of the
beach user registration system; and
That signage be prepared and placed at the Liberty St/401 exits, Bowmanville
Boulevard and 401 exits, the Bennett Road exits, at both ends of Lake Road, at
the Courtice Road 401 exits, and at Courtice Shore Road and any other locations
as deemed appropriate by Staff, advising that the beaches are closed to non-
residents.
Motion Withdrawn, Later in the meeting, See following motions
Resolution # C-357-20
Moved by Councillor Jones
Seconded by Councillor Traill
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #C-356-20 for a second time.
Carried
Suspend the Rules
Resolution # C-358-20
Moved by Councillor Hooper
Seconded by Councillor Traill
That the Rules of Procedure be suspended to extend the meeting for an
additional 15 minutes.
Carried
Recess
Resolution # C-359-20
Moved by Councillor Neal
Seconded by Councillor Traill
That the Council recess for 5 minutes.
Carried
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July 6-7, 2020 Council Minutes
The meeting reconvened at 1:20 a.m. with Mayor Foster in the Chair.
Recess
Resolution # C-360-20
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Council recess until Tuesday July 7, 2020 at 3:00 p.m.
Carried
The meeting reconvened on Tuesday July 7, 2020 at 3:00 p.m. with Mayor
Foster in the Chair.
The foregoing Resolution #C-356-20 was then withdrawn.
Resolution # C-361-20
Moved by Councillor Traill
Seconded by Councillor Anderson
That Staff be directed to proceed with implementing the necessary safety
measures in an attempt to keep Clarington beaches open to the public;
That any associated signage, including pictograms be installed; and
That the Port Darlington Community Association be advised of Council's
decision.
Carried
Closed Session
Resolution # C-362-20
Moved by Councillor Anderson
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
• a matter that deals with advice that is subject to solicitor -client privilege,
including communications necessary for that purpose
Carried
Rise and Report
The meeting resumed in open session at 4.39 p.m.
Mayor Foster advised that two items were discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 as amended and one
resolution was passed to provide direction to staff.
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July 6-7, 2020 Council Minutes
12.2 Confidential Report LGL-006-20 - Anaerobic Digestion Facility Dispute
Resolution Process - Update #1
Earlier in the meeting, Resolution #C-343-20 was properly moved and seconded,
and therefore the following motion was before Council,
"That Confidential Report LGL-006-20 be received for information"
Mayor Foster called the vote and the motion was Carried.
12.1 Confidential Report FND-026-20 - Appointment of Municipal Officer
Resolution # C-363-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Confidential Report FND-026-20 be received;
That Council pass the attached draft by-law (Attachment 1), repealing By-law
2019-018; and
That Michelle Pick, Manager of Accounting Services, be appointed as Deputy
Teasurer and as the alternate Clarington member on the Durham Municipal
Insurance Pool.
Carried
Councillor Neal enquired about the following matters:
• The number of Firefighter applicants and how many have relatives
working for the Municipality
• Requested the Acting Director of Engineering Services to review the Bloor
Street median designs
• The anticipated timing of the tax relief advertisement on the Municipal
Website
• Timing of the Elexicon update
• Sought direction from the Municipal Clerk regarding a By-law matter
• Questioned if it was appropriate to include a Zoning By-law notice in the
recent tax invoice
15. By-laws
15.1 2020-043 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
15.2 2020-044 - Being a By-law to amend By-law 2012-061, Being a By-law to
Provide for the Maintenance, Management, Regulation and Control of the
Cemeteries in the Municipality of Clarington
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July 6-7, 2020 Council Minutes
15.3 2020-045 - Being a By-law to Delegate the authority For Establishing or
Amending Retention Periods to the Municipal Clerk and Repeal By-law
2015-057 Being a By-law to Establish Schedules of Retention Periods for
Records of the Municipality of Clarington
15.4 2020-046 - Being a by-law to amend the Procedural By-law 2015-029
15.5 2020-047 - Being a By-law to Appoint a Deputy Treasurer and to Amend By-
law 2019-018
15.6 2020-048 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
15.7 2020-049 - Being a By-law for Closure and Conveyance of Road Allowances
15.8 2020-050 - Being a By-law to Amend By-law 84-63, Being a By-law to
Amend the Comprehensive Zoning By-law for the Corporation of the
Municipality of Clarington and to Repeal Interim Control By-law 2018-083
15.9 2020-051 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
15.10 2020-052 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
15.11 2020-053 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
15.12 2020-054 - Being a By-law to Exempt a Certain Portion of Registered Plan
40M-2614 from Part Lot Control
15.13 2020-055 Being a By-law to amend the Clarington Traffic By-law 2014-059
Resolution # C-364-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2020-043 to 2020-049 and 2020-052
to 2020-055; and
That the said by-laws be approved.
Carried
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July 6-7, 2020 Council Minutes
Councillor Neal decalred an indirect interest in by-law 2020-050 and 2020-051 as
it relates to his law practice. Councillor Neal muted his audio and video and
refrained from discussion on this matter.
Resolution # C-365-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2020-050 and 2020-051; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
None
18. Confirming By -Law
Resolution # C-366-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2020-056, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 6-7th day of July 2020; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-367-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That the meeting adjourn at 5:02 p.m.
Carried
LI-Yayor
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nicipal Clerk