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Council Minutes
Date:
Time:
Location:
April 12, 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 M. Zwart
Regrets: Councillor C. Traill
Staff Present: A. Allison, G. Acorn, S. Brake, A. Burke, F. Langmaid,
R. Maciver, M. Pick, G. Weir, R. Windle, J. Gallagher,
M. Chambers
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 7:00 p.m.
Suspend the Rules
Resolution # C-128-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add an item, under Other Business,
regarding the support of hair service establishments to the agenda.
Carried
Suspend the Rules
Resolution # C-129-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to add Wendy Bracken as a delegation
to the Agenda regarding Unfinished Business Item 14.1.
Carried
April 12, 2021
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Suspend the Rules
Resolution # C-130-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add Wendy Bracken as a delegation
to the Agenda regarding Unfinished Business Item 14.2.
Carried
2. Moment of Reflection
Councillor Neal led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Neal recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Neal declared an indirect interest in Item 4 of the General Government
Committee Report (Memo from Andy Allison, CAO, Regarding Community Funding
Program).
Councillor Hooper declared a direct interest in Item 17 of the General Government
Committee Report (BIA Social Media).
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated March 22, 2021
Resolution # C-131-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on March 22, 2021, be
approved.
Carried
7. Presentations
7.1 MPP David Piccini - Update on the 2021 Provincial Budget
MPP David Piccini advised the Clerk's Division prior to the meeting that he would be
unable to attend for his presentation.
April 12, 2021
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8. Delegations
8.1 Linda Gasser regarding St. Marys Cement Alternative Low Carbon Fuels
Approval (Unfinished Business Item 14.1)
Linda Gasser was present by electronic means regarding St. Marys Cement
Alternative Low Carbon Fuels Approval (ALCF) (Unfinished Business Item
14.1). She made a verbal presentation to accompany an electronic presentation.
Ms. Gasser explained why it is essential for Council to seek Leave to Appeal the
April 1, 2021, Environmental Compliance Approval (ECA) decision. She stated that
it is Council's duty to protect the public. Ms. Gasser proposed two questions when
seeking Leave to Appeal which the Environmental Review Tribunal (ERT) will
consider when deciding if the Leave to Appeal will be granted. She continued by
providing a response to these two proposed questions as outlined in her
presentation. Ms. Gasser noted the burning of waste or ALCF's exchanges one set
of problems for another and that it is a potentially dangerous trade off with additional
potential for environmental harm. She noted that improvements to monitoring
should have required by a reviewer and provided details of these requirements. Ms.
Gasser provided an overview of an outdated Ministry of the Environments
Conversation and Parks (MECP) standards.
Suspend the Rules
Resolution # C-132-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the delegation of Mr. Gasser
for an additional two minutes.
Carried
Ms. Gasser stated that there is a significant reduction coming from SO2, and later the
NOX, and asked Members of Council to review the information she had previously
forwarded to them. She reviewed Durham's submission and believes that there is
evidence of potential adverse impacts to the community from burning a wide range
of waste and that there should be more safeguards in place. Ms. Gasser concluded
by asking the Members of Council to seek Leave to Appeal for the Environmental
Compliance Approval. She answered questions from the Members of Council.
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8.2 Ruben Plaza, St. Marys Cement, regarding St. Marys Cement Alternative Low
Carbon Fuels Approval (Unfinished Business Item 14.1)
Ruben Plaza, St. Marys Cement was present by electronic means regarding St.
Marys Cement Alternative Low Carbon Fuels Approval (Unfinished Business Item
14.1). He made a verbal presentation to accompany an electronic presentation. Mr.
Plaza noted that Sean Capstick, Golder Associates and Bridget Mills, BCX
Environmental Consulting, were also present to answer any questions from the
Members of Council. He continued by providing a project overview for the
Alternative Low Carbon Fuels (ALCF) application and explained the ALCF
sourcing. Mr. Plaza reviewed the point of impingement (POI) concentrations and
explained the environmental monitoring. He continued by highlighting the
environmental benefits and how SMC is considering the environment. Mr. Plaza
concluded by highlighting the environmental leadership of St. Marys Cement
Bowmanville Plant. Mr. Plaza answered questions from the Members of Council.
8.3 Wendy Bracken regarding St. Marys Cement Alternative Low Carbon Fuels
Approval (Unfinished Business Item 14.1)
Wendy Bracken was present by electronic means regarding St. Marys Cement
Alternative Low Carbon Fuels Approval (Unfinished Business Item 14.1). She made
a verbal presentation to accompany an electronic presentation. Ms. Bracken stated
that Clarington is in a unique situation and must take action on behalf of the
residents. She reviewed a series of items which she believes a reasonable person
would have considered and highlighted various points that she feels should be
reviewed. Ms. Bracken noted her concern with the dioxin and furan ambient air
exceedance on May 26, 2018 and noted that this remains a concern.
Suspend the Rules
Resolution # C-134-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the delegation of Wendy
Bracken for an additional two minutes.
Carried
Ms. Bracken continued by stating that Dillon Consulting had a limited scope on their
review of the air quality and emissions. She concluded by asking the Members of
Council to stand up for Clarington and seek a Leave to Appeal.
April 12, 2021
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8.4 Wendy Bracken regarding DYEC Operations Long-Term Sampling Systems
Update (Unfinished Business Item 14.2)
Wendy Bracken was present by electronic means regarding DYEC Operations Long-
Term Sampling Systems Update (Unfinished Business Item 14.2). She noted that
she wanted to address the draft demand letter and has some suggestions to be
considered by the Members of Council. Ms. Bracken highlighted her suggested
changes to Page 2 of the Draft Letter provided in the Memo from Ryan Windle,
Director of Planning and Development Services dated April 12, 2021 as follows
(changes noted in bold):
This would include, at no cost to the requestor, release of:
• all AMESA data from installation to present and including the underlying
reports (if requested); and
• in future, all AMESA results and underlying reports as they become
available (typically on a 28-day basis) and post them on the DYEC website;
• the “validation checklist” referred to in Durham Report #2021-WR-5;
• data recovery rates and rationale for any invalidated data
Ms. Bracken concluded by urging the Members of Council to send this letter
requesting this information from the installation of the DYEC to present and that this
information be posted for public viewing.
9. Communications – Receive for Information
10. Communications – Direction
11. Committee Reports
11.1 Advisory Committee Reports
11.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated March 9, 2021
11.1.3 Minutes of the Clarington Diversity Committee dated March 25, 2021
Resolution # C-135-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved with the
exception of Item 11.1.1.
Carried
April 12, 2021
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11.1.1 Minutes of the Clarington Heritage Committee dated March 16, 2021
Resolution # C-136-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That the minutes of the Clarington Heritage Committee dated March 16, 2021 be
approved.
Carried
11.2 General Government Committee Report of April 12, 2021
Resolution # C-137-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That the recommendations contained in the General Government Committee Report
of March 29, 2021be approved on consent, with the exception of items 4, 9, 15,17,
and 18.
Carried
Item 4 - Memo from Andy Allison, CAO, Regarding Community Funding
Program
Councillor Neal declared an indirect interest in Item 4 of the General Government
Committee Report (Community Funding Program) as he is a director on Autism
Home Base Durham. Councillor Neal muted his audio and video and refrained from
discussion and voting on this matter.
Resolution # C-138-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That Staff be directed to advertise and promote a second intake under the Program
with an application deadline of August 31, 2021.
Carried
Councillor Neal returned to the meeting.
Item 9 -North Village External Servicing and Cost Sharing Agreement
Resolution # C-139-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report PWD-020-21 be received;
That the Municipality of Clarington be authorized to enter into a Road Construction
Agreement with Smooth Run Developments Inc., Brookfield Residential (ON) LP,
and Go Home Investments Inc. for roadworks on North Street, Grady Drive, and
Regional Road 17;
April 12, 2021
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That the estimated funds for the Municipality’s share of the costs in the amount of
$1,139,057 (Net HST Rebate) be funded from the following accounts:
Description Account Number Amount
North St Sidewalk (2017) 110-32-331-83273-7401 $85,000
North St Reconstruction (2019, 2020) 110-32-330-83273-7401 $400,000
Structures Rehabilitation (2020) 110-32-330-83275-7401 $410,173
Reg. Rd. 17 Sidewalk (2020) 110-32-331-83428-7401 $160,819
Pavement Rehabilitation (2020) 110-32-330-83456-7401 $83,065
That all interested parties listed in Report PWD-020-21 and any delegations be
advised of Council’s decision.
Carried
Item 15 - Grass Cutting and Median Maintenance Services
Resolution # C-140-21
Moved by Councillor Anderson
Seconded by Councillor Zwart
That Report FSD-018-21 be received;
That Howe’s Your Yard with an estimated annual bid amount of $537,700 (Net HST
Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of tender CL2021-5 be awarded the contract for an initial three-year
term for Grass Cutting and Median Maintenance Services, 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 contract for this
service for up to two additional one-year terms;
That the estimated funds required for the first-year term in the amount of $537,700
(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 $1,075,400
(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 accounts:
Description Account Number Amount
Parks Maintenance – Contract –
Grass Cutting
100-36-325-10115-7155 $537,700
That all interested parties listed in Report FSD-018-21 and any delegations be
advised of Council’s decision.
April 12, 2021
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Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
and Councillor Zwart
No (1): Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (5 to 1)
Item 17 - BIA Social Media
Councillor Hooper declared a direct interest in Item 17 of the General Government
Committee Report regarding BIA Social Media as he is a member of the
Bowmanville BIA. Councillor Hooper muted his audio and video and refrained from
discussion and voting on this matter.
Resolution # C-141-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Municipality of Clarington remit to the Bowmanville BIA a sum not to exceed
$30,000 funded from the Municipality’s Safe Restart Program funding received from
the Province of Ontario, to cover 50% of the cost to perform social media
engagement for the Bowmanville BIA, the Newcastle BIA and the Orono BIA and
that the unfunded costs be negotiated between the Bowmanville BIA, the Newcastle
BIA and the Orono BIA.
Yes (3): Mayor Foster, Councillor Anderson, and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Declared (1): Councillor Hooper
Absent (1): Councillor Traill
Carried on a recorded vote (3 to 2)
Councillor Hooper returned to the meeting.
Item 18 - Hall Board Funding during COVID-19
Resolution # C-142-21
Moved by Councillor Neal
Seconded by Councillor Jones
Whereas many hall boards have little to no bookings due to COVID-19 and are
struggling to cover the costs of utilities and PPE; and
Whereas even before COVID-19 many boards struggled to cover their utilities,
maintenance and snow removal costs, significantly deterring volunteerism and
contributing to low morale.
Now therefore be it resolved that Staff report back on eligibility criteria for hall boards
to apply for one-time funding from the Tax Rate Stabilization Reserve Fund (which
April 12, 2021
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would be supported by the Safe Restart funds we got from the Province) to each hall
in addition to the $3000.00 grant they have already received for an amount to be
determined per hall board on the basis of need to cover utilities, PPE and other
expenses for the 2021 year;
That Staff report back on long-term funding options for hall boards with respect to
ongoing snow removal, utilities and maintenance where the hall boards may be
struggling financially in order to ensure the long-term viability of the local boards;
and
That Staff report back on minimum community support for continuation of a hall
board as an independent operation.
Carried
Recess
Resolution # C-143-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:32 p.m. with Mayor Foster in the Chair.
11.3 Planning & Development Committee Report of April 6, 2021
Resolution # C-144-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development Committee
Report of April 6, 2021 be approved on consent, with the exception of item 2.
Carried
Item 2 - Graham and Wilmot Creek Flood Plain Mapping Update Study
Resolution # C-145-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PDS-022-21 be received;
That Council approve the Municipal contribution of $30,000 from the Tax Rate
Stabilization Reserve Fund to undertake the Graham and Wilmot Creek Flood Plain
Mapping Update Study, in partnership with the Ganaraska Region Conservation
Authority, the Region of Durham, and the National Disaster Mitigation Program;
That, as a condition of Clarington’s funding, any landowner be notified in writing of
any change in their EP mapping as a result of the mapping update study;
April 12, 2021
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That the Mayor and Clerk be authorized to execute the necessary agreements; and
That all interested parties listed in Report PDS-022-21 and any delegations be
advised of Council’s decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
and Councillor Neal
No (1): Councillor Zwart
Absent (1): Councillor Traill
Carried on a recorded vote (5 to 1)
12. Staff Reports
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
14.1 Delegation of Wendy Bracken, Regarding St. Marys Cement Alternative Low
Carbon Fuels Approval
Resolution # C-146-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That Staff be directed to seek leave to appeal the application, by St. Marys Cement
to seek Alternative Low Carbon Fuels Approval.
Carried
14.2 Delegations of Kerry Maydem, Linda Gasser & Wendy Bracken, & the
presentation of Gioseph Anello, Director, Waste Management Services &
Susan Siopis, Commissioner of Works, Region of Durham, regarding DYEC
Operations Long-Term Sampling System Update
Resolution # C-147-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the letter of demand to the Region of Durham, as included in the Memo from
Ryan Windle, Director of Planning and Development Services dated April 12, 2021,
be adopted and forwarded to the Region of Durham.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, and Councillor Zwart
Absent (1): Councillor Traill
Carried on a Recorded Vote Later in the Meeting, See following Motions (6 to
0)
April 12, 2021
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Recess
Resolution # C-148-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 10:10 p.m. with Mayor Foster in the Chair.
Resolution # C-149-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the foregoing Resolution #C-147-21 be amended with the following changes to
the first paragraph of page two of demand letter to the Region of Durham:
That the following replace the remainder of the paragraph after the word
“public”:
“and sent to Clarington Planning staff. This would include, at no cost to the
requestor or Clarington, release of:
all AMESA data from installation to present and include underlying lab
reports including all documentation regarding the calibration of the
Amesa and stack test results;
In future, all AMESA results and underlying report, as they become
available (typically on a 28-day basis);
The validation checklist referred to in #2021-WR-5; and
In future, data recovery rates and reason for any data that has been
invalidated.
And further that all of the above be posted on the DYEC website”
Carried
Resolution # C-150-21
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-149-21 for a second time.
Carried
April 12, 2021
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Resolution # C-151-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That the foregoing Resolution #C-147-21 be amended by deleting the paragraph
“requesting the minutes of the EFW-WMAC be sent to Regional Council” from the
demand letter.
The foregoing Resolution #C-147-21 was then put to a recorded vote and carried as
amended.
15. By-laws
15.1 2021-045 - Being a by-law to adopt the estimates of all sums required during
the year, to strike rates and levy taxes for municipal purposes for the year
2021 and to provide for the collection thereof
Resolution # C-152-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2021-045; and
That the said by-law be approved.
Carried
16. Procedural Notices of Motion
17. Other Business
17.1 Motion Supporting Hair Service Establishments Remaining Open During
COVID Shutdown
Resolution # C-153-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas Clarington Council remains a strong supporter of our local and small
businesses;
And whereas hair service establishments are important businesses in our
community;
And whereas hair service establishments in Ontario are mandated to be closed
during the COVID-19 Province Wide Shutdown in effect from April 8, 2021 for 28
days;
And whereas most hair service establishments in Clarington are small, and unable to
support their businesses and families during this shutdown;
And whereas hair service establishment owners across the Province have
implemented new protocols to keep clients and staff safe, adhering to current
COVID-19 measures, when allowed to be open;
April 12, 2021
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And whereas the Region of Durham Health unit inspects salons and spas, and posts
inspection results publicly;
Now therefore be it resolved that the Municipality of Clarington:
1. Supports the reopening of the hair service establishments as soon as possible.
2. Supports removing hair service establishments from being included in any
further COVID-19 Province Wide Shutdowns and be permitted to open.
3. That this motion be distributed to Premier Ford, MPP Lindsey Park, MPP
David Piccini, and all Durham Region Municipalities.
Carried
Councillor Neal asked for an update at the next Planning and Development
Committee meeting regarding the Official Plan Amendments.
18. Confirming By-Law
Resolution # C-154-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That leave be granted to introduce By-law 2021-046, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 12th day of April, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-155-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the meeting adjourn at 10:34 p.m.
Carried