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General Government Committee
Minutes
Date: April 19, 2021
Time: 9:30 a.m.
Location: Council Members (in Chambers or MS Teams) I 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, J. Newman, G. Acorn, R. Maciver, S. Brake, T. Pinn,
G. Weir, L. Patenaude
Other Members B. Radomski, L. Wheller
Present:
1. Call to Order
Mayor Foster called the meeting to order at 9:30 a.m.
2. Land Acknowledgement Statement
Councillor Traill led the meeting in the Land Acknowledgement Statement.
3. New Business — Introduction
There were no new business items added to the Agenda.
4. Adopt the Agenda
Resolution # GG-280-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Agenda for the General Government Committee meeting of April 19,
2021, be adopted, with the exception of Item 10.1, as it doesn't meet the criteria
requirements for correspondence.
Carried
5. Declaration of Interest
Mayor Foster declared a direct interest in Item 20.1, CAO-002-21 Potential Land
Disposition, as he is the Secretary -Treasurer with Durham Region Non -Profit
Housing Corporation and has a conflict under the OBCA.
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General Government Committee Minutes April 19, 2021
6. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
7. Adoption of Minutes of Previous Meeting
7.1 Minutes of a Regular Meeting of March 29, 2021
Resolution # GG-281-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the minutes of the regular meeting of the General Government Committee
meeting held on March 29, 2021, be adopted.
Carried
8. Delegations
Due to technical difficulties, delegations were heard in the following order.
8.1
Beth Meszaros, Regarding Item 15.2, Report LGS-016-21 On -Farm Special
Events Licensing By-law
Beth Meszaros was present via electronic means and made a verbal
presentation to accompany an electronic presentation. She quoted the Municipal
Planning Policy relating to the Official Plan and quoted the Ruling of the Tribunal
Report dated July 25, 2018. Ms. Meszaros stated that Clarington could have
sustainable development by setting clear definitions, specific parameters and
enforceable regulations. She stated that events need to be intermittent and that
the Region of Durham is over simplifying their position. Ms. Meszaros noted that
it is encouraging to hear Members of Council discuss a minimum distance
separation between neighbors and a special event venue. She explained how
the by-law is inadequate and unenforceable and added that Clarington is
unprepared to enforce and regulate on -farm special event venues to ensure
sustainable development, manage growth and healthy communities. Ms.
Meszaros questioned why Clarington followed LPAT's Ruling for the meat
processing portion of Report PSD-070-18 but did not implement the decision
regarding special events from the same report. She expressed her concerns
regarding the number of events and suggested that Committee reject Section
2.6. Ms. Meszaros stated that Clarington must align with the PPS and added
that before any applications are approved, Clarington must implement an
enforceable framework with clear definitions. She requested that the specific
limits with numbers and times be set, follow the ruling of LPAT and trust the
advice from the Agricultural Advisory Committee.
Item 8.2, Delegation of Raivo Uukkivi, Cassels Brock and Blackwell LLP,
Regarding Item 15.2, Report LGS-016-21 On -Farm Special Event Licensing By-
law was considered later in the meeting after Item 10.2.
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General Government Committee Minutes April 19, 2021
8.3 Les Caswell, Regarding Item 15.2, Report LGS-016-21 On -Farm Special
Event Licensing By-law
Les Caswell was present via electronic means and stated that he submitted a
letter to Mr. Maciver, Municipal Solicitor on March 30, 2021 regarding Staff
comments made at the subcommittee meeting and never received
acknowledgement or response. He expressed his concerns regarding bees and
pesticides as they can cause allergic reactions. Mr. Caswell questioned if
overnight camping will be permitted and how will it be enforced and stated he
agrees with the licensing agreement policy. He expressed his concerns regarding
the yearly fee, specific guidelines to be included, the number of events, hours
and time. Mr. Caswell concluded by stating that the decision of Committee is
one that affects all of Clarington not one specific site.
8.5 Annette Weykamp, Regarding Item 15.2, Report LGS-016-21 On -Farm
Special Event Licensing By-law
Annette Weykamp was present via electronic means and made a verbal
presentation to accompany an electronic presentation. Ms. Weykamp stated that
the suggestions from Staff regarding the by-law is practical and reasonable. She
quoted the Municipal Act and expressed her concerns regarding the LPAT
decision PL170178 from 2018. She quoted the limitations outlined in the PPS,
the definition of on -farm diversified uses and provided recommended area
calculations. Ms. Weykamp expressed her concerns regarding the number of
attendees and suggested that the site plan significantly lowered the numbers
because of parking, septic and floor space calculations. She stated that limiting
the events to weekends and holidays makes it permanent and does not look
forward to noise and traffic every long weekend. Ms. Weykamp suggested that
the cap for events per year should be lowered as it is supposed to be secondary,
not primary. She expressed her concern regarding events not being small, noise
cut off at 11 p.m., licensing fee, and fines. Ms. Weykamp stated that a license is
essential to the enforcement of the by-law. She thanked the Agricultural
Advisory Committee and Staff for their recommendations to limit events as
secondary to the primary agricultural use and stated that there is sufficient
information from LPAT to limit the scope of such events in the best interest of the
public and farming operations.
8.4 Bruce Sargent, Sargent Family Dairy, Regarding Item 15.2, Report LGS-016-
21 On -Farm Special Event Licensing By-law
Bruce Sargent, Sargent Family Dairy, was present via electronic means and
made a verbal presentation to accompany an electronic presentation. He
introduced himself explaining he owns a dairy farm and noted that the Durham
Agriculture Industry has contributed $300,000,000 in production. Mr. Sargent
expressed his concerns regarding the definition of on -farm events, hours and
seasonality, the fee and frequency of meetings. He stated that the proposal is too
restrictive, more time is needed to find a balance, and the by-law should be
reformulated to include more specific operational regulations.
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General Government Committee Minutes April 19, 2021
Mr. Sargent noted that, if other regions don't restrict special events, Clarington
will be pushing events away. He concluded by stating that the community needs
the opportunity for growth since the pandemic and answered questions from
Members of Committee.
8.6 Susanne Gagnon, Regarding Item 15.2, Report LGS-016-21 On -Farm
Special Event Licensing By-law
Susanne Gagnon was present via electronic means and introduced herself and
expressed her concerns regarding the number of guests, hours of operation,
noise, complaints, traffic, pesticides, and the yearly fee. She explained that
people move to rural areas for a quiet place, not to be beside an event space that
has numerous guests making noise past 11 p.m. Ms. Gagnon stated that
educational events should be considered separately and questioned if there will
be a cap on licenses and how will they be controlled.
8.7 Bob Clark, Clark Consulting Services, Regarding Item 15.2, Report LGS-
016-21 On -Farm Special Event Licensing By-law
Bob Clark, Clark Consulting Services was present via electronic means and
addressed his concerns regarding the proposed by-law adding that the by-law
should include how to resolve complaints. He stated that the process is difficult
for a farmer to be confident in moving forward with an event knowing the workers
involved will stay and maintain staffing levels. Mr. Clark expressed his concerns
regarding overlapping of events, definition of on -farm uses, noting educational
events should be considered separately, inclusion of staff in the number of
attendees, the fee, issuance and refusal of licenses, and penalties. He concluded
by answering questions from Members of Committee.
8.8 Carion Fenn, President and CEO, Carion Fenn Foundation, Regarding
Mental Health Week and Resilience Workshop
Carion Fenn, President and CEO, Carion Fenn Foundation, was present via
electronic means and made a verbal presentation to accompany an electronic
presentation. She introduced herself and provided an overview of the
charity. Ms. Fenn outlined their 2021 programs and thanked Council for
participating in Durham Kids Health Week. She noted that, on April 22, 2021,
they are hosting their first kids' wellness forum. She stated that May 3-9 is Mental
Health Week and May 5 is the first Resilience Workshop which is sponsored by
Clarington. Ms. Fenn stated that they would like to run an eight -week program
for Clarington residents, to help recover from the pandemic. She added that they
will apply for funding through Clarington and thanked Members of Council for
their Support.
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General Government Committee Minutes April 19, 2021
Resolution # GG-283-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Item 8.8, Delegation of Carion Fenn, President and CEO, Carion Fenn
Foundation, Regarding Mental Health Week and Resilience Workshop, be
received and referred to Staff.
Carried
Recess
Resolution # GG-284-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 10:58 a.m. with Mayor Foster in the Chair.
Alter the Agenda
Resolution # GG-285-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Agenda be altered to consider Item 15.2, Report LGS-016-21, at this
time.
Carried
15. Legislative Services Department Reports
15.2 LGS-016-21 On -Farm Special Event Licensing By-law
Resolution # GG-286-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report LGS-016-21 be received;
That the proposed By-law be amended by removing Sections 2.6, 2.7, 2.8, and
2.9;
That the issues be dealt with through the individual zoning application; and
That the fee be amended to $250 per year.
Referred
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General Government Committee Minutes April 19, 2021
Amendment:
Resolution # GG-287-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the foregoing Resolution #GG-286-21 be amended by adding the following
at the end:
That the properties currently zoned to permit on -farm special events, be
grandfathered in.
Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart
No (4): Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor
Traill
Motion Lost on a Recorded Vote (3 to 4)
Resolution # GG-288-21
Moved by Councillor Traill
Seconded by Councillor Neal
That the foregoing Resolution #GG-286-21, be referred to Staff to Report back at
the May 10, 2021 General Government Committee meeting.
Carried
9. Communications — Receive for Information
Resolution # GG-289-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That Communication Items 9.1 to 9.7, with the exception of Items 9.1, 9.3 and
9.7, be received for information.
Carried
9.2 Minutes of the Newcastle Business Improvement Area dated March 11,
2021
Resolution # GG-290-21
That Communication Item 9.2, Minutes of the Newcastle Business Improvement
Area dated March 11, 2021, be received for information.
9.4 Minutes of the Energy from Waste - Waste Management Advisory
Committee dated March 25, 2021
Resolution # GG-291-21
That Communication Item 9.4, Minutes of the Energy from Waste - Waste
Management Advisory Committee dated March 25, 2021, be received for
information.
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General Government Committee Minutes April 19, 2021
9.5 Minutes of the Ganaraska Region Conservation Authority dated March 18,
2021
Resolution # GG-292-21
That Communication Item 9.5, Minutes of the Ganaraska Region Conservation
Authority dated March 18, 2021, be received for information.
9.6 George Acorn, Director and Lee -Ann Reck, Manager, Client Services,
Community Services, Regarding Resolution #GG-163-21 Youth
Engagement in Clarington
Resolution # GG-293-21
That Communication Item 9.6, George Acorn, Director and Lee -Ann Reck,
Manager, Client Services, Community Services, Regarding Resolution #GG-163-
21 Youth Engagement in Clarington, be received for information.
9.1 Minutes of the Historic Downtown Bowmanville Business Improvement
Area dated March 9, 2021
Resolution # GG-294-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That Communication Item 9.1, Minutes of the Historic Downtown Bowmanville
Business Improvement Area dated March 9, 2021, be received for information.
Carried
9.3 Minutes of the Orono Business Improvement Area dated March 11, 2021
and April 8, 2021
Resolution # GG-295-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That Communication Item 9.3, Minutes of the Orono Business Improvement Area
dated March 11, 2021 and April 8, 2021, be received for information.
Carried
9.7 Stephen Brake, Director of Public Works, Regarding Resolution #GG-261-
21 Courtice Shores Drive and Parking Lot
Resolution # GG-296-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Item 9.7, Stephen Brake, Director of Public Works,
Regarding Resolution #GG-261-21 Courtice Shores Drive and Parking Lot, be
referred to Staff.
Carried
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General Government Committee Minutes April 19, 2021
10. Communications — Direction
Item 10.1 was removed from the agenda during Item 4, Adoption of the Agenda.
10.2 Jeff Solly, Tribute (Prestonvale) Limited, Regarding an Unopened Road
Allowance Between Lots 34 and 35, Concession 1, Former Township of
Darlington
Resolution # GG-297-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Communication Item 10.2, Jeff Solly, Tribute (Prestonvale) Limited,
Regarding an Unopened Road Allowance Between Lots 35 and 35, Concession
1, Former Township of Darlington, be referred to Staff.
Carried
The Committee recessed for their one hour scheduled break in accordance with
the Procedural By- law.
The meeting reconvened at 1:00 p.m. with Mayor Foster in the Chair.
8. Delegations
8.2 Raivo Uukkivi, Cassels Brock and Blackwell LLP, Regarding Item 15.2,
Report LGS-016-21 On -Farm Special Event Licensing By-law
Raivo Uukkivi, Brock and Blackwell LLP, was present via electronic means and
agreed with the recommendation to remove Sections 2.6 to 2.9 in the proposed
by-law and believes it is the appropriate approach as it gives Staff and Council
an opportunity to work with each application separately.
11. Presentations
12. Public Works Department Reports
Councillor Hooper chaired this portion of the meeting.
12.1 PWD-021-21 Proposed Amendments to Traffic By-law 2014-059
Resolution # GG-298-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report PWD-021-21 be received; and
That the By-law attached to Report PWD-021-21, as Attachment 1, be approved.
Carried
13. Emergency and Fire Services Department Reports
14. Community Services Department Reports
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General Government Committee Minutes April 19, 2021
15. Legislative Services Department Reports
Councillor Jones chaired this portion of the meeting.
Item 15.2 was dealt with earlier in the meeting after Item 8.8.
15.1 LGS-015-21 Retiree Health Benefits
Resolution # GG-299-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report LGS-015-21 be received for information.
Carried
16. Financial Services Reports
Councillor Neal chaired this portion of the meeting.
16.1 FSD-020-21 Emergency Tree Pruning Removal & Hydro Line Clearing
Registry
Resolution # GG-300-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report FSD-020-21 be received;
That Asplundh Canada ULC, Cressman Tree Maintenance & Landscaping Ltd.,
Davey Tree Expert Co. of Canada Limited, Ontario Line Clearing & Tree Experts
Inc. and Rockwood Tree Services Ltd. having met all terms, conditions and
specifications of CL2021-3 be awarded the contract for an initial three-year term
for the Emergency Tree Pruning Removal and Hydro Line Clearing Registry, as
required by the Public Works Department;
That pending satisfactory performance, the Purchasing Manager, in consultation
with the Director of Public Works be given the authority to extend the registry
contract for up to two additional one-year terms;
That the estimated funds required for the first -year term in the amount of $80,000
(Net HST Rebate) be funded by the Municipality as provided. The funds required
for the second -year term and the third -year term in the estimated amount of
$160,000 (Net HST Rebate) will be included in future budget accounts. The
funding required for the initial one-year term will be funded from the following
account:
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General Government Committee Minutes April 19, 2021
Description Account Number Amount
Parks/Forestry/Contracting I 100-36-325-10215-7163 $80,000
That all interested parties listed in Report FSD-020-21 and any delegations be
advised of Council's decision.
Carried
17. CAO Office Reports
18. New Business — Consideration
19. Unfinished Business
19.1 Delegation of Janet Moher, Regarding a Request for a By-law to Regulate
Feeding Seagulls
Resolution # GG-301-21
Moved by Councillor Jones
Seconded by Councillor Neal
That Item 19.1, Delegation of Janet Moher, Regarding a Request for a By-law to
Regulate Feeding Seagulls, be received with thanks.
Carried
20. Confidential Reports
Closed Session
Resolution # GG-302-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
The "closed" session was convened in accordance with Section 239(2) of the
Municipal Act, 2001, as amended, for the purpose of discussing the following:
• a matter that deals with personal matters about an identifiable individual,
including municipal or local board employees;
• a proposed or pending acquisition or disposition of land by the municipality or
local board; and
• a matter that deals with labour relations or employee negotiations
Carried
20.1 CAO-002-21 Potential Land Disposition
20.2 Confidential Memo from Andy Allison, CAO, Regarding a Human
Resources Matter
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General Government Committee Minutes April 19, 2021
20.3 Confidential Resolution CGG-006-21, Regarding a Human Resources Matter
(Referred from the March 29, 2021 General Government Committee
Meeting)
Rise and Report
The meeting resumed in open session at 2:15 p.m.
Councillor Neal left the meeting.
Mayor Foster advised that three items were discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions
were passed to provide direction to staff and one procedural resolution was
passed.
21. Adjournment
Resolution # GG-303-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That the meeting adjourn at 2:16 p.m.
Carried
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