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HomeMy WebLinkAbout07-06-2020ClarhWWn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 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 2 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. 3 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 12 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 5 July 6-7, 2020 Council Minutes 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. n 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) 7 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 9 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) 10 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 11 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 12 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. 13 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) 14 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. 15 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 16 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. 17 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; 19 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; 20 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 21 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. 22 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.); 23 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 24 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. 25 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 26 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 27 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 28 nicipal Clerk