HomeMy WebLinkAbout2021-03-22If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Council Minutes
Date:
Time:
Location:
March 22, 2021
7:00 p.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, S. Brake, F. Langmaid, R. Maciver, T. Pinn, R. Windle,
J. Gallagher, M. Chambers
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 7:00 p.m.
2. Moment of Reflection
Councillor Anderson led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Anderson recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Jones declared a direct interest in the Memo from Ryan Windle,
Director of Planning and Development Services, Regarding an Update on
Lakeridge Health Bowmanville Helipad. (Item 1a of the Planning and
Development Committee Report)
Councillor Anderson declared an indirect interest in Agenda Item 9.1, ADR
Chambers, Ombudsman Office - 2020 Annual Report.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
Resolution # C-098-21
Moved by Councillor Neal
Seconded by Councillor Jones
March 22, 2021
Council Minutes
2
That Ian Soutter be permitted to speak as a delegation, despite having been a
delegation at the General Government Committee meeting of March 8, 2021 in
accordance with subsection 9.2.1 of the Procedural By-law.
Carried
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated March 1, 2021
Resolution # C-099-21
Moved by Councillor Anderson
Seconded by Councillor Traill
That the minutes of the regular meeting of the Council held on March 1, 2021 be
approved.
Carried
7. Presentations
8. Delegations
8.1 Chris and Melanie Barry regarding Report PWD-017-21, Farewell Creek Trail
Phase 2B Status Update (Unfinished Business Item 14.1)
Chris and Melanie Barry advised that they would not be going forward with their
delegation as Ian Soutter would be speaking on their behalf.
8.2 Mary Ann Muizelaar regarding Report LGS-012-21, Regulation of On-farm
Special Events (Item 2 of the General Government Committee Report)
Mary Ann Muizelaar was present by electronic means regarding Report
LGS-012-21, regulation of On-farm Special Events (Item 2 of the General
Government Committee Report). She explained that she was going to address
on-farm uses and, more specifically, wedding events. Ms. Muizelaar noted she
will be referring to a Local Planning Appeal Tribunal (LPAT) Report dated July 25,
2018 and Staff Report LGS-012-21. She stated that it is the responsibility of the
Municipality of Clarington to ensure that a Staff Recommended Zoning By-law
(SRZBL) is implemented and enforceable. Ms. Muizelaar added that the SRZBL
should have clear language and scope with respect to on-farm special events
which protect the interests of the farmers and the local residents. She expressed
her concern that the recommendation for a draft zoning by-law to regulate on-farm
special events was not approved and believes there needs to be enforceable
regulations in place to ensure compliance and that the rural residents do not
become responsible to regulate these events by way of a by-law complaint. Ms.
Muizelaar feels that the staff report requires more clarification as it identifies two
interests including the property owners wanting diversified uses and the residents
who oppose these uses. She explained that the LPAT Report stated there was a
concern with the regulation of these event and at no time did any of the participant
object to occasional events on site or the proposed meat processing use. Ms.
Muizelaar explained that the Morgan's Road application, which was
March 22, 2021
Council Minutes
3
recommended by Staff to be approved, did not consider the concerns of the rural
residents or align with Provincial Policy. She thanked the Members of Council for
denying this application as it allowed for a more thorough evaluation and an
opportunity to learn. Ms. Muizelaar highlighted sections of the LPAT Report
findings which resulted in LPAT not supporting the SRZBL. She expressed her
concern that the applicant, as noted in the LPAT Report was given considerable
leniency throughout the process which has many inconsistencies as noted in the
report. Ms. Muizelaar added that this application did not comply with the
regulatory framework or guidelines from other governing bodies.
Resolution # C-100-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the delegation of Mary Ann Muizelaar be extended for an additional two
minutes.
Carried
She stated that the draft on-farm special events by-law was moving towards an
inclusive effective, regulatory framework which would protect both the farmers and
residents. Ms. Muizelaar asked why the process is being stopped, and no
changes are being proposed to the current site specific zoning by-law amendment
and site plan approval process. She stated the views of the residents have been
compiled within the draft by-law and in the LPAT Report. Ms. Muizelaar
concluded by asking the Members of Council to allow the process to continue as
recommended by LPAT and that new regulations be put in place for on-farm
special events. Ms. Muizelaar answered questions from the Members of Council.
8.3 Robert Clark, Clark Consulting, regarding Report LGS-012-21, Regulation of
On-farm Special Events (Item 2 of the General Government Committee
Report)
After registration it was determined that Mr. Clark previously spoke at the
March 8, 2021 General Government Committee meeting on the same matter and
he withdrew his delegation.
8.4 Ian Soutter regarding Report PWD-017-21, Farewell Creek Trail Phase 2B
Status Update (Unfinished Business Item 14.1)
Ian Soutter was present by electronic means regarding Report PWD-017-21,
Farewell Creek Trail Phase 2B Status Update (Unfinished Business Item 14.1).
He made a verbal and an electronic presentation. Mr. Soutter noted that he was
speaking on behalf of the six families on Pinedale Crescent and that they are
united on one recommendation. He noted they do not believe Phase 2B, as
outlined in the Staff Report, should be approved and they support 2B-3 as noted
in his PowerPoint as it meets the prime objectives of the trail which includes being
a nature path, less ecological damage, and the best for the residents. Mr. Soutter
highlighted the options for the trail in the Staff Report. He also suggested another
option which he identified as 2B-4 in his presentation which would be an alternate
March 22, 2021
Council Minutes
4
route to the staff report option. Mr. Soutter explained that Option 2B-3 follows a
level grade along the creek, is the least complicated, least expensive, most
accessible, does not go directly behind the properties and it addresses CLOCA's
concerns. He referred to photos from Grandview Street to the Phase 2A terminus
to illustrate where the proposed trail would be. Mr. Soutter also provided photos
of the Valley's 2000 trail to show the potential for access points that could be
added at a future date.
Resolution # C-101-21
Moved by Councillor Jones
Seconded by Councillor Neal
That the delegation of Ian Soutter be extended for an additional two minutes.
Carried
Mr. Soutter continued by raising the concern of security which he feels will be
increased by having a paved trail directly behind the properties on Pinedale
Crescent. He concluded by requesting that the option 2B-3 be pursued as it is the
safest and effective option. Mr. Soutter answered questions from the Members of
Council.
Alter the Agenda
Resolution # C-102-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Agenda be altered to consider Correspondence Items 10.2, 10.3, 10.5
and 10.6 at this time; and
That they be approved on consent as follows:
10.2 Ronald Marshall regarding Report PWD-017-21, Farewell Creek Trail Phase
2B Status Update (Unfinished Business Item 14.1)
Resolution # C-103-21
That Correspondence Item 10.2 from Ronald Marshall regarding Report PWD-
017-21, Farewell Creek Trail Phase 2B Status Update, be referred to the
consideration of Unfinished Business Item 14.1.
10.3 Glen Pleasance regarding Report PWD-017-21, Farewell Creek Trail Phase
2B Status Update (Unfinished Business Item 14.1)
Resolution # C-104-21
That Correspondence Item 10.3 from Glen Pleasance regarding Report PWD-
017-21, Farewell Creek Trail Phase 2B Status Update, be referred to the
consideration of Unfinished Business Item 14.1.
10.5 Memo from Stephen Brake, Director of Public Works, regarding Farewell
Creek Trail Phase 2 – Ontario Municipal Commuter Cycling Funding Status
March 22, 2021
Council Minutes
5
Resolution # C-105-21
That Correspondence Item 10.5, Memo from Stephen Brake, Director of Public
Works, regarding Report PWD-017-21, Farewell Creek Trail Phase 2B Status
Update, be referred to the consideration of Unfinished Business Item 14.1.
10.6 Ian Soutter regarding Report PWD-017-21, Farewell Creek Trail Phase 2B
Status Update (Unfinished Business Item 14.1)
Resolution # C-106-21
That Correspondence Item 10.6, Ian Soutter regarding Report PWD-017-21,
Farewell Creek Trail Phase 2B Status Update, be referred to the consideration of
Unfinished Business Item 14.1.
Carried
Alter the Agenda
Resolution # C-107-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Agenda be altered to consider Report PWD-017-21, Farewell Creek Trail
Phase 2B Status Update (Unfinished Business Item 14.1), at this time.
Carried
14.1 PWD-017-21 Farewell Creek Trail Phase 2B Status Update (Referred from the
March 8, 2021 General Government Committee Meeting)
Resolution # C-108-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PWD-017-21 be received;
That staff be directed to complete the path as per the proposed Farewell Creek
Phase 2B-3 as included in the Staff Report; and
That all interested parties listed in Report PWD-017-21 and any delegations be
advised of Council’s decision.
Carried as Amended, See following Motions
Amendment:
Resolution # C-109-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Staff be directed to make minor improvements to the existing trail as needed.
Carried
March 22, 2021
Council Minutes
6
Alter the Agenda
Resolution # C-110-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Agenda be altered to consider Item 2 of the General Government
Committee Report, at this time.
Item 2 - Regulation of On-farm Special Events
Resolution # C-111-21
Moved by Councillor Traill
Seconded by Councillor Anderson
That Report LGS-012-21 be received;
That Attachment 2 to Report LGS-012-21, to proceed with a licensing regime for
on-farm special events, be endorsed.
That all interested parties listed in Report LGS-012-21 and any delegations be
advised of Council's decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Jones, Councillor Neal,
and Councillor Traill
No (2): Councillor Hooper, and Councillor Zwart
Carried on a Recorded Vote Later in the Meeting, See following Motions (5
to 2)
Resolution # C-112-21
Moved by Councillor Neal
Seconded by Councillor Traill
That Report LGS-012-21 be referred to the March 29, 2021 General Government
Committee meeting.
Motion Lost
The foregoing Resolution #C-111-21 was then carried on a recorded vote.
March 22, 2021
Council Minutes
7
9.Communications – Receive for Information
9.1 ADR Chambers, Ombudsman Office - 2020 Annual Report
Councillor Anderson declared an indirect interest in Agenda Item 9.1, ADR
Chambers, Ombudsman Office - 2020 Annual Report as he is a form employee of
ADR Chambers. Councillor Anderson muted his audio and video and refrained
from discussion and voting on this matter.
Resolution # C-113-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That Communication Item 9.1 be received for information.
Carried
Councillor Anderson returned to the meeting.
10.Communications – Direction
Resolution # C-114-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Communications Items 10.1 to 10.7, be approved on consent as follows, with
the exception of Items 10.2, 10.3, 10.5, and 10.6 as they were considered earlier
in the meeting and Item 10.4.
10.1 Memo from Trevor Pinn, Director of Financial Services / Treasurer regarding
2020 Region of Durham Council Remuneration Report
Resolution # C-115-21
That Correspondence Item 10.1, Memo from Trevor Pinn, Director of Financial
Services / Treasurer regarding 2020 Region of Durham Council Remuneration
Report be referred to the consideration of Item 1f of the General Government
Committee Report.
10.7 Memo from Trevor Pinn, Director of Financial Services / Treasurer
regarding West Beach Cottages Taxes
Resolution # C-116-21
That Correspondence Item 10.7, Memo from Trevor Pinn, Director of Financial
Services / Treasurer regarding West Beach Cottages Taxes, be referred to the
consideration of Item 1c of the Planning and Development Committee Report.
Carried
March 22, 2021
Council Minutes
8
10.4 Dave Bouma, Chair, Newcastle Memorial Arena Board, regarding 2020
Budget Shortfall Request
Resolution #
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Newcastle Memorial Arena 2020 budget shortfall of $41,000, be covered
by the municipality with funds to be taken from the Rate Stabilization Reserve
fund.
Carried
11.Committee Reports
11.1 Advisory Committee Reports
11.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated February 9, 2021
11.1.3 Minutes of the Clarington Heritage Committee dated February 16, 2021
11.1.4 Minutes of the Clarington Tourism Advisory Committee dated February 12,
2021
11.1.5 Minutes of the Clarington Diversity Advisory Committee dated February 25,
2021
11.1.6 Minutes of the Bowmanville Santa Claus Parade Committee dated March 9,
2021
11.1.7 Minutes of the Newcastle Arena Board dated March 9, 2021
11.1.8 Minutes of the Accessibility Advisory Committee dated March 3, 2021
Resolution # C-117-21
Moved by Councillor Jones
Seconded by Councillor Neal
That Advisory Committee Reports Items 11.1.1 to 11.1.8, be approved with
exception of Item 11.1.1.
Carried
11.1.1 Minutes of the Agricultural Advisory Committee dated February 11 and
March 11, 2021
Resolution # C-118-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the minutes of the Agricultural Advisory Committee dated February 11 and
March 11, 2021, be approved.
Carried
March 22, 2021
Council Minutes
9
11.2 General Government Committee Report dated March 8, 2021
Resolution # C-119-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the recommendations contained in the General Government Committee
Report of March 8, 2021 be approved on consent, with the exception of Item 2
which was considered earlier in the meeting.
Carried
11.3 Planning & Development Committee Report of March 15, 2021
Resolution # C-120-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development
Committee Report of March 15, 2021 be approved on consent, with the exception
of Items 1a and 1c.
Carried
Item 1a - Memo from Ryan Windle, Director of Planning and Development
Services, Regarding an Update on Lakeridge Health Bowmanville Helipad
Councillor Jones declared a direct interest in Item 1a, as she is an employee of
Lakeridge Health. Councillor Jones muted her audio and video and refrained from
discussion and voting on this matter.
Resolution # C-121-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Memo from Ryan Windle, Director of Planning and Development
Services, Regarding an Update on Lakeridge Health Bowmanville Helipad, be
received for information.
Carried
Councillor Jones returned to the meeting.
11.3.1 Item 1c - Confidential Verbal Update from Faye Langmaid, Manager of
Special Projects, Regarding a Property Matter
Resolution # C-122-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Municipality agrees to waive the termination related to the death of a
tenant, of all current West Beach cottage leases, until December 31, 2023, to
coincide with the natural expiry date of the leases.
March 22, 2021
Council Minutes
10
Yes (4): Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor
Zwart
No (3): Mayor Foster, Councillor Jones, and Councillor Neal
Carried on a Recorded Vote Later in the Meeting, See following Motions (4
to 3)
Resolution # C-123-21
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-122-21 for a second time.
Carried
The foregoing Resolution #C-122-21 was then carried on a recorded vote.
12. Staff Reports
12.1 Confidential Report PDS-020-21 - Potential Acquisition, Future Works Yard
Closed Session
Resolution # C-124-21
Moved by Councillor Neal
Seconded by Councillor Jones
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended,
the meeting be closed for the purpose of discussing a matter that deals with a
proposed or pending acquisition or disposition of land by the municipality or local
board.
Carried
Rise and Report
The meeting resumed in open session at 9:54 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 one resolution was
passed to provide direction to staff.
13. Business Arising from Procedural Notice of Motion
15. By-laws
15.1 2021-041 - Being a By-law to exempt a certain portion of Registered Plan
40M-2578 and 40M-2609 from Part Lot Control
15.2 2021-042 - Being a By-law to establish layout & dedicate certain lands as
public highways in the Municipality of Clarington to assume certain streets
within the Municipality of Clarington as public highways, and to name them
March 22, 2021
Council Minutes
11
15.3 2021-043 - Being a by-law to authorize the closure and conveyance of a road
allowance
Resolution # C-125-21
Moved by Councillor Hooper
Seconded by Councillor Traill
That leave be granted to introduce By-laws 2021-041 to 2021-043; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
17. Other Business
Councillor Traill enquired about the status of the resolution from the
December 14, 2021 Council minutes directing Staff to draft an interim control by-
law.
Councillor Neal enquired how much has been spent on acquiring the land to date
at West Beach in Bowmanville.
18. Confirming By-Law
Resolution # C-126-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2021-044, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 22nd day of March, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-127-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the meeting adjourn at 10:13 p.m.
Carried