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Council Minutes
Date:
Time:
Location:
May 3, 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
Absent: Councillor C. Traill
Staff Present: A. Allison, G. Acorn, 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 Hooper led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Hooper recited the Land Acknowledgement Statement.
Suspend the Rules
Resolution # C-156-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to add an i tem, as Item 10.1 –
Communications for Direction, correspondence from Wendy Bracken regarding
the City of Toronto seeking authority to negotiate with other landfill and EFW
facilities to negotiate taking waste.
Carried
May 3, 2021
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4. Declaration of Interest
Mayor Foster declared a direct interest in Unfinished Business Item 14.1,
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
Ontario Business Corporations Act.
Councillor Jones declared an indirect interest in Item 4 of the Planning and
Development Committee Report - PDS-026-21 Lease with Lakeridge Health for a
Temporary Air Ambulance Heliport.
5. Announcements
Members of Council announced upcoming community events a nd matters of
community interest.
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated April 12, 2021
Resolution # C-157-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of the regular meeting of the Council held on April 12, 2021 be
approved.
Carried
7. Presentations
7.1 MPP David Piccini - Update on the 2021 Provincial Budget
MPP David Piccini was present to provide an update on the 2021 Provincial
Budget. He recited a Land Acknowledgement Statement and commended the
Municipality of Clarington and CAO Allison on the mental health initiatives for
staff. MPP Piccini explained that his presentation would focus on a few key
points which will affect the Region of Durham. He noted that the key factors of
the 2021 Provincial Budget are protecting people’s health and protecting the
economy. MPP Piccini continued by providing an overview of the key initiatives
including the temporary jobs training tax credit, enhancing the childcare tax
credit, a focus on tourism, hospitality and business support grants, and the
community building fund. He continued by highlighting items relating to
healthcare including support for Lakeridge Health, local hospices, long term care
homes, and investing in the health care workforce. MPP Piccini added that there
are also several local initiatives including the Community Rural Infrastructure
Fund, Social Service Relief Fund, Fire Grants, and supporting local agriculture.
He concluded by stating that, in response to the pandemic, it is important for
“everyone to link arms” and work together to support the residents. MPP Piccini
answered questions from the Member of Council.
May 3, 2021
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Resolution # C-158-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Presentation of MPP Piccini, regarding 2021 Provincial Budget, be
received with thanks.
Carried
8. Delegations
8.1 Rick McEachern regarding the Red Oak Tree at 21 Beech Avenue (Item 6.1
of the Heritage Committee Minutes of April 20, 2021)
Rick McEachern was present regarding the Red Oak Tree at 21 Beech Avenue
(Item 6.1 of the Heritage Committee Minutes of April 20, 2021). He explained to
the Members of Council that this tree is significant to Bowmanville's past,
present, and future. Mr. McEachern added that the future of the tree is rumored
to be in jeopardy. He explained that, based on his measurements, he has
determined the tree is approximately 288 years old, which means it sprouted in
1733. Mr. McEachern added that it makes the tree older than our cou ntry and it
has been around prior to the first pioneers settling in Bowmanville. He continued
by highlighting many significant historical events that have occurred since the
tree has been alive. Mr. McEachern stated that this tree was alive prior to the
construction of Beech Avenue and the homes being built on that street. He
explained that he has started a petition on charge.org, containing over 5000
signatures. Mr. McEachern reviewed the criteria for designating a tree with
heritage significance and he feels this tree meets that criteria. He feels the tree’s
life should be extended with support, including trimming. Mr. McEachern
concluded by urging the Members of Council to take the necessary steps to
protect this heritage tree.
Alter the Agenda
Resolution # C-159-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Agenda be altered to consider Clarington Heritage Committee minutes
dated April 20, 2021, at this time.
Carried
11.1.4 Minutes of the Heritage Committee dated April 20, 2021
Resolution # C-160-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of the Heritage Committee dated April 20, 2021, be approved;
and
May 3, 2021
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That Staff report back on a cost estimate on preserving, trimming and supporting
the Red Oak Tree.
Carried
9. Communications – Receive for Information
9.1 Memo from Lisa Wheller, Human Resources Manager, regarding Retiree
Health Benefit Information, Report Number LGS-015-21
Resolution # C-161-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That Correspondence Item 9.1 be received for information.
Carried
10. Communications – Direction
10.1 Wendy Bracken regarding City of Toronto request to use Energy-from-
Waste (EFW) Facilities in Ontario
Resolution # C-162-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
Whereas the City of Toronto’s Infrastructure and Environment Committee passed
a recommendation, at their April 28, 2021 meeting, seeking authority for the
General Manager, Solid Waste Management Services to negotiate sending the
City of Toronto waste to Energy-from-Waste (EFW) facilities in Ontario;
And whereas the City of Toronto Council will be considering the Committee’s
recommendation at their Wednesday, May 5, 2021 Council meeting;
And whereas the Municipality of Clarington is concerned about waste being
imported into Clarington from other municipalities;
And whereas the Durham York Energy Centre (DYEC) Environmental
Compliance Approval (ECA) only permits waste from Durham and York Regions;
And whereas the Host Community Agreement (HCA) between Durham Region
and the Municipality of Clarington for the DYEC restricts the waste source to
those identified in the EA Terms of Reference, which the ECA reflects; and
And whereas, the HCA outlines that, in the event that at any subsequent time
City of Toronto waste would be processed at the DYEC, then Clarington shall be
paid the sum of Ten Dollars ($10.00) per tonne;
Now therefore be it resolved:
That the correspondence from Wendy Bracken, regarding the City of Toronto’s
plan for their waste, be received;
May 3, 2021
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That the Municipality of Clarington notify the City of Toronto that its waste is not
welcome in Clarington;
That the Region of Durham be requested to notify the City of Toronto and the
Province of Ontario that City of Toronto waste in not welcome in Clarington or
anywhere in Durham Region;
That the Province of Ontario, and Clarington’s MPPs, be asked to formally
acknowledge and provide a response to the Municipality of Clarington’s
concerns; and
That a copy of Council’s decision be forwarded to the Premier of Ontario,
Clarington’s MPPs, the Region of Durham, the DYEC, the City of Toronto, and
Wendy Bracken.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor
Jones, Councillor Neal, and Councillor Zwart
Carried (6 to 0)
11. Committee Reports
11.1 Advisory Committee Reports
11.1.2 Minutes of the Active Transportation and Safe Roads Advisory
Committee dated April 7, 2021
Resolution # C-163-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved with the
exception of 11.1.1, 11.1.3 and 11.1.4 as it was considered earlier in the
meeting.
Carried
11.1.1 Minutes of the Agricultural Advisory Committee dated April 8, 2021
Resolution # C-164-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the minutes of the Agricultural Advisory Committee dated April 8, 2021, be
approved.
Carried
May 3, 2021
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6
11.1.3 Minutes of the Newcastle Arena Board dated April 13, 2021
Resolution # C-165-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the minutes of the Newcastle Arena Board dated April 13, 2021, be
approved.
Carried
11.2 General Government Committee Report of April 19, 2021
Resolution # C-166-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the recommendations contained in the General Government Committee
Report of April 19, 2021, be approved on consent, with the exception of item 5.
Carried
Item 5 - Human Resources Matter – Closed Session Resolution
Resolution # C-167-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That Item 5 of the General Government Committee Report be referred to the end
of the Agenda to be considered during Closed Session.
Carried
11.3 Planning & Development Committee Report of April 26, 2021
Resolution # C-168-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development
Committee Report of April 26, 2021, be approved on consent, with the exception
of items 3 and 4.
Carried
Item 4 - Lease with Lakeridge Health for a Temporary Air Ambulance
Heliport
Councillor Jones declared a direct interest in Report PDS-026-21, as she is an
employee of Lakeridge Health. Councillor Jones muted her audio and video and
refrained from discussion and voting on this matter.
May 3, 2021
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Resolution # C-169-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That PDS-026-21 be received;
That the Mayor and Municipal Clerk be authorized to execute a Lease
Agreement between the Municipality of Clarington and Lakeridge Health
substantially on the terms set out in Attachment 2 of Report PDS -026-21; and
That all interested parties listed in Report PDS-026-21 and any delegations be
advised of Council’s decision.
Carried
Councillor Jones returned to the meeting.
Item 3 - Darlington New Nuclear Build, License Renewal Hearing
Resolution # C-170-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report PDS-025-21 be received; and
That Council adopt the following resolution:
That the Darlington Nuclear Generating Station has been a significant part of
the Municipality of Clarington since the 1980s, and has provided many
positive benefits to the community with minimal adverse effects on the natural
environment;
That the Municipality of Clarington Council and Staff have attended numerous
meetings and information sessions with respect to the Darlington New
Nuclear Power Plant Project and are therefore very knowledgeable with
respect to the Project; and
That the Municipality of Clarington retained a qualified team of professionals
to undertake a detailed peer review of the draft Environmental Impact
Statement for the Darlington New Nuclear Power Plant Project and, on the
basis of this peer review, can state with confidence that the Environmental
Impact Statement meets the requirements of the Guidelines for the
preparation of the document and that it satisfactorily addresses the
Municipality's issues and concerns with respect to the Project;
That the Municipality of Clarington's peer review of the Environmental Impact
Statement for the Darlington New Nuclear Power Plant Project agreed with
the study’s conclusions;
May 3, 2021
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That Council and the residents of the Municipality of Clarington have been
steadfast in their support for the proposed Darlington New Nuclear Power
Plant Project and are eager to have nuclear power generation continue as a
positive presence in our community;
That Council and the community of Clarington are very supportive of the use
of Small Modular Reactors (SMR) as it would avoid the use of cooling t owers,
thus minimizing any associated socio-economic impacts for Clarington and
Durham Region, for the Darlington New Nuclear Power Plant Project;
That Clarington Staff has worked with representatives of the Canadian
Nuclear Safety Commission (CNSC), Ministry of Municipal Affairs and
Housing, Durham Region and Ontario Power Generation to ensure that
sensitive land uses are addressed within the three -kilometer buffer zone;
That many traffic and transportation network improvements have been
implemented over the past decade to address potential deficiencies within the
network and Clarington Staff have reviewed the findings of the updated
Traffic Assessment Report, September 2019; and
That the Council of the Municipality of Clarington hereby advises the CNSC
that it supports the Darlington New Nuclear Power Plant Project and strongly
supports the use of SMR technology;
That the Mayor and Senior Staff accept the invitation of the CNSC to appear at
the hearing in June to outline the Municipality’s support for the project, our
involvement and comments as set out in Report PSD-010-11 and reaffirmed in
this Report PDS-025-21; and
That the Canadian Nuclear Safety Commission and Ontario Power Generation
and all interested parties be notified of Council’s decision.
Carried Later in the Meeting, see following motion
Resolution # C-171-21
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-170-21 for a second time.
Motion Withdrawn
The foregoing Resolution #C-170-21 was then put to a vote and carried.
11.4 Audit Committee Minutes dated April 7, 2021
Resolution # C-172-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That the minutes of the Audit Committee dated April 7, 2021, be approved.
Carried
May 3, 2021
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12. Staff Reports
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
Closed Session
Resolution # C-173-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing three matters that
deal with 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;
a matter that deals with labour relations or employee negotiations.
Carried
Rise and Report
The meeting resumed in open session at 9:01 p.m.
Mayor Foster advised that three items were 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.
Item 5 - Human Resources Matter – Closed Session Resolution
Resolution # C-174-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the closed session Resolution #CGG-010-21, be approved.
Carried
14.1 Confidential Report - CAO-002-21 Potential Land Disposition
Mayor Foster declared a direct interest in Report 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 Ontario Business Corporations
Act. Mayor Foster muted his audio and video and refrained from discussion and
voting on this matter.
Councillor Anderson assumed the chair.
May 3, 2021
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Resolution # C-175-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report CAO-002-21 be received; and
(a) That all proponents who responded to the Spry Avenue RFP be informed that
there will be no award;
(b) That the Spry Avenue property be listed for sale on Multiple Listing Service
(MLS), with a condition that any purchaser have a pre-consultation meeting with
Planning staff; and
(c) That Staff meet with the Affordable Housing Taskforce to discuss strategies
going forward to offer surplus Municipal land for sale.
Carried
Mayor Foster returned to the meeting and assumed the chair.
15. By-laws
15.1 2021-047 - Being a by-law to amend By-law 2014-059 entitled “a By-law to
Regulate Traffic and Parking on Highways, Private Property and Municipal
Property”
Resolution # C-176-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That leave be granted to introduce By-law 2021-047; and
That the said by-law be approved.
Carried
16. Procedural Notices of Motion
17. Other Business
Councillor Neal enquired what percentages of the students hired are the children
of current, or former, employees.
Councillor Neal enquired if Community Services does their own lawn
maintenance and how many pieces of equipment they own.
Councillor Neal enquired about what the full-time staff are doing in Community
Services, with the facilities being closed for most of 2021.
Councillor Neal enquired about the CAO Committee and that it was his
understanding the Committee was to report back to the General Government
Committee.
May 3, 2021
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Councillor Zwart thanked staff for quickly working on, and assisting with, the
preparation of the resolution to be sent to the City of Toronto.
18. Confirming By-Law
Resolution # C-177-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2021-048, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 3rd day of May, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-178-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the meeting adjourn at 9:25 p.m.
Carried