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Council Minutes
Date:
Time:
Location:
May 25, 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, G. Acorn, S. Brake, R. Maciver, M. Pick, 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 Traill led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Traill recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Hooper declared a direct interest in Item 4 of the General Government
Committee Report regarding COVID-19 Rapid Testing.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting
6.1 Minutes of a regular meeting of Council dated May 3, 2021
Resolution # C-179-21
Moved by Councillor Traill
Seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on May 3, 2021, be
approved.
Carried
7. Presentations
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8. Delegations
8.1 Beth Meszaros regarding Report LGS-018-21 - On-Farm Special Events
Licensing By-law (Item 2 of the General Government Committee Report)
Beth Meszaros was present regarding Report LGS-018-21 - On-Farm Special
Events Licensing By-law (Item 2 of the General Government Committee Report).
She made a verbal presentation to accompany an electronic presentation. Ms.
Meszaros reviewed the definitions for On-Farm Events. She suggested the
following amendments to the draft by-law:
That seasonal, special and accessory be added as definitions section;
Section 3.5 and 3.6 - be amended to include that the applications be
reviewed by staff panel chosen by the Members of Council;
Section 3.8 – That the list be completed by adding the word Region;
Section 3.9 - That it be identified how applications will be vetted to ensure
authenticity of the statements submitted;
Section 3.12 - Requesting there be a cap on the number of events.
Clarington needs to consider how many events they are willing to host.
Section 4.1 - The records should be retained for 7 years and the details of
what records will be kept should be identified.
Section 6.3 - Requested that a Schedule B be added to provide clarity on the
Guidelines on Permitted Uses.
Ms. Meszaros concluded by asking the Municipality to take responsibility for the
On-Farm Special Events.
8.2 Nancy Mallette, Bloom Field Farm, regarding Report LGS-018-21 - On-Farm
Special Events Licensing By-law (Item 2 of the General Government
Committee Report)
Nancy Mallette, Bloom Field Farm, was present regarding Report LGS-018-21 -
On-Farm Special Events Licensing By-law (Item 2 of the General Government
Committee Report). She explained that she is the operator of Bloom Field Farm
and she would like to explain how this Licensing By-law will affect their
business. Ms. Mallette explained that they applied for a Zoning By-law
Amendment to allow for On-Farm events in 2010. She provided an overview of
the current uses of their flower farm. Ms. Mallette explained that they have done
a series of upgrades to the property in since 2010 and that none of these would
have been possible without the On-Farm Event business. She explained that they
have clients and guests from all over the world who come to Clarington and visit
the local hotels and restaurants which supports the local economy. Ms. Mallette
concluded by noting that they currently have contracts booked for the next two
years and any future expansion or upgrades are dependent on these events. She
concluded by stating that she supports the licensing for On-Farm Special Events,
however they are requesting that their initial zoning be recognized, and no further
restrictions be applied to them. Ms. Mallette answered questions from the
Members of Council.
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9. Communications – Receive for Information
9.1 Integrity Commissioner 2019 and 2020 Annual Reports
Resolution # C-180-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That Communication Item 9.1 be received for information.
Carried
10. Communications – Direction
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated April 12, 2021
11.1.2 Minutes of the Clarington Tourism Advisory Committee dated May 3, 2021
11.1.3 Minutes of the Accessibility Advisory Committee dated April 7, 2021
Resolution # C-181-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved.
Carried
11.2 General Government Committee Report of May 10, 2021
Resolution # C-182-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That the recommendations contained in the General Government Committee
Report of May 10, 2021 be approved on consent, with the exception of items 4, 2
11, 13 and 15.
Carried
Item 4 - COVID-19 Rapid Testing
Councillor Hooper declared an indirect interest in Item 4 of the General
Government Committee Report, as he owns a business in Historic Downtown
Bowmanville. Councillor Hooper muted his audio and video and refrained from
discussion and voting on the matter.
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Resolution # C-183-21
Moved by Councillor Jones
Seconded by Councillor Neal
That the delegation of Mark Canning and Gord Gill, Clarington Entertainment
Complex, Joey's World 'et al' be received with thanks;
That Clarington Council endorse the COVID-19 Rapid Screening Initiative for
small and medium sized businesses and thank the Clarington Board of Trade and
Community Services for their support of the program;
That Clarington Council urgently request the Province of Ontario and the Ontario
Chamber of Commerce to expand the Rapid Screening Initiative (which screens
employees) to include customers and that Clarington is willing to be a pilot project
site; and
That a copy of this motion be forwarded to Premier Doug Ford, MPP Lindsey
Park, MPP David Piccini, all Durham Municipalities and Durham Region Health
Department.
Carried
Councillor Hooper returned to the meeting.
Item 2 - On-Farm Special Events Licensing By-law
Resolution # C-184-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report LGS-018-21 be received for information;
That Section 2.6 of the by-law be amended by deleting the words "On-farm
Special Event License" and replacing with the words "Zoning Permission";
That Section 3.6 of the by-law be amended by deleting the words "The Director is
authorized to issue or refuse to issue any licence, either with or without
conditions" and replacing with the words "The Director is authorized to issue,
suspend or revoke any licence in accordance with Section 151 of the Municipal
Act, and to refuse the issuance of any licence if there has been a previous
material breach of the licence, or in accordance with Section 3.9 of this By-law,
including conditions consistent with the zoning";
That Section 3.7 of the by-law be deleted;
That Section 3.12 of the by-law be amended by deleting the words "November 1"
and replacing with the words "December 31";
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That the site plan agreement for Bloom Field Gardens be amended to require
proof of liability insurance in the amount of no less than $5 million, and that the
owner will maintain a valid Ontario farm business registration number for the
property; and
That the proposed On-farm Special Events Licensing by-law attached to Report
LGS-018-21, as amended by the recommendations from the General Government
Committee meeting, be further amended to insert a new section 1.7 as follows:
1.7 This By-law does not apply to any property that was granted land use
planning approval for On-Farm Special Events on a date prior to the
date of enactment of this By-law, until such time as the property is
made subject to an arm’s length transfer.
That the by-law, as amended, be brought forward for adoption.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried as Amended on a recorded vote, see following motions (5 to 2)
Amendment:
Resolution # C-185-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report LGL-018-21 to be referred to Staff to report back to the June 21,
2021, General Government Committee meeting to provide further details on the
proposed licensing exemption for Bloom Field Farms and requests made by Ms.
Meszaros during her delegation.
Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
Motion Lost on a recorded vote (3 to 4)
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Amendment:
Resolution # C-186-21
Moved by Councillor Anderson
Seconded by Councillor Traill
That the foregoing Resolution #C-184-21 be amended by adding the following at
the end:
"That the licensing period to be extended to three years instead of the
current one year period."
Carried
The foregoing Resolution #C-184-21 was then put to a recorded vote and carried
as amended.
Item 11 - Supply and Delivery of One Single Axle and Four Tandem Axle Cab
and Chassis Units
Resolution # C-187-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FSD-022-21 be received;
That Winslow Gerolamy Motors Limited with a bid amount of $1,322,556.40 (Net
HST Rebate) being the lowest bidder meeting all terms, conditions and
specifications of CL2021-7 be awarded the contract for the Supply and Delivery of
One Single Axle and Four Tandem Axle Cab and Chassis Units;
That the total funds required for this project in the amount of $1,337,820.40 (Net
HST Rebate) include $1,322,556.40 (Net HST Rebate) for snow removal
equipment costs and other costs such as radios, GPS units, Clarington decal
lettering and striping in the amount of $15,264.00 (Net HST Rebate) be funded by
the Municipality as follows:
Description Account Number Amount
Fleet Replacement Roads - (2020) 110-36-388-83642-7401 $500,000
Fleet Replacement Roads - (2021) 110-36-388-83642-7401 837,820
That all interested parties listed in Report FSD-022-21 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 (6 to 1)
May 25, 2021
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Item 13 - Lambs Road Interchange Study
Resolution # C-188-21
Moved by Councillor Traill
Seconded by Councillor Anderson
That Report FSD-024-21 be received;
That the proposal received from CIMA+ having the lowest price meeting all terms,
conditions and specifications of RFP2021-1 be awarded the contract for the
provision of engineering services required for the Lambs Road Interchange Study;
That the funds required in the amount of $226,255.22 (net HST rebate) be drawn
from the following accounts:
Lambs Rd Interchange at Highway 401
Environmental Assessment
110-32-330-
83444-7401 $226,255
That all interested parties listed in Report FSD-024-21 and any delegations be
advised of Council’s decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
Item 15 - Scanning and Conversion Services
Resolution # C-189-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That Report FSD-027-21 be received;
That DOCUdavit Solutions with a total bid amount for the initial two-year term of
$176,470.16 (Net HST Rebate), and a potential five-year contract value of
$441,175.40 (Net HST Rebate), subject to change based on requirements and
price increases not exceeding the applicable CPI, being the lowest compliant
bidder meeting all terms, conditions and specifications of tender CL2021-10 be
awarded the contract for the provision of scanning and conversion services as
required by the Municipality;
That the funds expended for these services, be funded from respective
department’s approved operating budget as required;
That, pending satisfactory service the Purchasing Manager, after consultation with
the respective Department Head, be authorized to extend the contract for up to
three additional one-year terms; and
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That all interested parties listed in Report FSD-027-21 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 (6 to 1)
11.3 Planning and Development Committee Report of May 17, 2021
Resolution # C-190-21
Moved by Councillor Anderson
Seconded by Councillor Neal
That the recommendations contained in the Planning and Development
Committee Report of May 17, 2021 be approved on consent, with the exception of
item 2 and 7.
Carried
Item 2 - Southwest Courtice Secondary Plan – Recommendation Report for
Official Plan Amendment 125
Resolution # C-191-21
Moved by Councillor Neal
Seconded by Councillor Traill
That Report PSD-027-21 be received;
That Official Plan Amendment 125 (OPA 125) to include the Southwest Courtice
Secondary Plan in the Clarington Official Plan be adopted;
That upon adoption by Council, the Southwest Courtice Secondary Plan be
implemented by Staff as Council’s policy on land use and planning matters and
through the capital budget program;
That the Director of Planning and Development Services be authorized to finalize
the form and content of OPA 125, the Secondary Plan and the Urban Design and
Sustainability Guidelines resulting from Council's consideration, public
participation, agency comments and technical considerations;
That the Urban Design and Sustainability Guidelines appended to the Secondary
Plan be approved and be used by staff to guide development applications and
public projects;
That the Director of Planning and Development Services be authorized to execute
any agreements to implement the Secondary Plan once adopted by Council;
That OPA 125 be forwarded to the Region of Durham for approval;
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That Council close the unopened road allowance legally referred to as:
Firstly: Part of the road allowance between Lots 34 and 35, Con 1
(Darlington), now Part 1 on 40R-31088, Municipality of Clarington;
Secondly: RDAL BTN LTS 34 & 35, Con 1 (Darlington) btn Hwy 401 &
d502897; Municipality of Clarington;
That the unopened road allowance portions be conveyed to the contiguous
landowners for an equivalent amount of land from the developers; and
That all interested parties listed in Report PDS-027-21 and any delegations be
advised of Council’s decision regarding the adoption of the Secondary Plan.
Carried as Amended, Later in the meeting, See following motions
Recess
Resolution # C-192-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 8:31 p.m. with Mayor Foster in the Chair.
Amendment
Resolution # C-193-21
Moved by Councillor Neal
Seconded by Councillor Traill
That the foregoing Resolution #C-191-21 be amended by adding the following as
a new Paragraph 3:
"That, at the time of the first development application and as part of a
complete application, the applicant(s), working together with the
Landowners Group, the Conservation Authority, and the Municipality,
shall submit a detailed Trail and Active Transportation Plan which is to
include: trail locations/designs, bike lanes, multi-modal pathways and any
other necessary active transportation elements and any associated
background reports, all to the satisfaction of the Municipality, in order to
achieve the goal of connectivity to the Courtice waterfront for active
transportation. This will include if necessary, a multi-use path abutting
Prestonvale Road, and east to Courtice Road along the extended
Townline Road."
Carried
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Amendment
Resolution # C-194-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-191-21 be amended by adding the following at
the end of Paragraph 9:
"including (if necessary, based on the required noise studies) a land
exchange of the municipal right of way to provide additional noise buffering
beyond the minimum 30 metres along the southern boundary of the
medium density block proposed on the cemetery lands."
Carried
The foregoing Resolution #C-191-21 was then put a vote and carried as
amended.
Item 7 - Sprinkler Systems
Resolution # C-195-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
Whereas the Provincial government brought in legislation, in 2010, requiring that
building permit applications for multiple-unit residential buildings higher than three
storeys submitted must comply with the new fire sprinkler requirements;
And whereas sprinkler systems have been shown to dramatically reduce fire
losses;
And whereas other types of dwelling units are in need of the same fire protection;
Now therefore be it resolved that the provincial government be requested to
amend the Ontario Building Code to make sprinkler systems mandatory in new
buildings.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Traill, and Councillor Zwart
No (1): Councillor Neal
Carried on a recorded vote (6 to 1)
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12. Staff Reports
12.1 Report FSD-028-21 - RFP2021-4 Centralized Customer Service Review
Consulting
Resolution # C-196-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FSD-028-21 be received;
That CSPN with a bid amount of $128,039.52 (Net HST) providing the lowest
overall cost and meeting the passing threshold and all terms, conditions and
specifications of RFP2021-4, be awarded the contract for the provision of
Consulting Services as required to complete the Centralized Customer Service
Review for the Office of the Chief Administrative Officer;
That the funds required for this project in the amount of $128,039.52 (Net HST) be
funded by the grant received from the Provincial Government; and
That all interested parties listed in Report FSD-028-21 and any delegations be
advised of Council’s decision.
Carried
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
15. By-laws
15.1 2021-049 - Being a by-law to license On-Farm Special Events
Resolution # C-197-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-049 as amended; and
That the said by-laws be approved.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
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16. Procedural Notices of Motion
17. Other Business
Councillor Neal enquired about the parking and traffic issues at the food trucks on
Taunton Road in Hampton.
Councillor Neal enquired about contractors using roads as storage areas for items
such as bins and gravel on the road.
Councillor Hooper inquired about the LPAT approved anaerobic digestor in
Oshawa. He asked if they would accept garbage from Toronto and if this will
reduce the waste going to the Energy From Waste Facility. He asked if this could
be discussed at Regional Council.
Councillor Traill enquired if the Region of Durham intends to proceed with their
anaerobic digestor project in Clarington as there are now two anaerobic digestors
approved for the Region of Durham.
18. Confirming By-Law
Resolution # C-198-21
Moved by Councillor Hooper
Seconded by Councillor Traill
That leave be granted to introduce By-law 2021-050, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 25th day of May, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-199-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the meeting adjourn at 9:27 p.m.
Carried