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Council Minutes
Date:
Time:
Location:
June 14, 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, R. Maciver, T. Pinn, R. Windle, J.
Gallagher, M. Chambers
Other Staff Present: F. Langmaid
_____________________________________________________________________
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.
4. Declaration of Interest
Councillor Hooper declared a direct interest in Item 7 of the General Government
Committee Report - Report LGS-019-21 Bowmanville Downtown Parking.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated May 25, 2021
6.2 Minutes of a special meeting of Council dated May 31, 2021
Resolution # C-203-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of the regular meeting of the Council held on May 25, 2021, be
approved; and
That the minutes of the special meeting of the Council held on May 31, 2021, be
approved.
Carried
Suspend the Rules
Resolution # C-204-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to add Wendy Bracken as a delegation
to the Agenda regarding Item 13 of General Government Committee Report (Report
LGS-017-21 - Procedural By-law Review).
Carried
7. Presentations
7.1 2021 Awards of Academic Excellence
Mayor Foster advised that the 20th Annual “Awards for Academic Excellence”
program was developed in 2001 to recognize students from Clarington’s local
elementary and secondary schools. Mayor Foster indicated that local elementary
and secondary schools were asked to submit the name of a graduating student
who, in their opinion, has demonstrated academic excellence combined with a
commitment to leadership and community service.
Mayor Foster recognized the following elementary students:
Frida Mills, Courtice Intermediate School
Olivia Wall, Courtice North Public School
Kate, Smith Dr. Emily Stowe Public School
Samantha Putnam, Dr. Ross Tilley Public School
Kacie Stolarek, Duke of Cambridge Public School
Shaydon Cannon, Good Shepherd Elementary School
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Emilie Sheehan, Harold Longworth Public School
Gabriella Kuzmanovski, Holy Family Elementary School
Owen Weales, John M. James Public School
Hailey Engelage, Knox Christian School
Lia Brooke Mugford, Lydia Trull Public School
Hannah Sluymers, M.J. Hobbs Senior Public School
Ava Taylor, Monsignor Leo Cleary Elementary School
Talia Pudlik, St. Elizabeth Elementary School
Ciara Dvernichuk, St. Francis of Assisi Elementary School
Leah Ridout, St. Joseph’s Elementary School
Carter Beatty, St. Mother Teresa Elementary School
Ayesha Iqbal, S.T. Worden Public School
Maddie Legg, The Pines Senior Public School
Alexandra Speakman, Vincent Massey School
Aliyah, Wirch, Waverley Public School
Mayor Foster recognized the following secondary students:
Nawal Elshamiy, Bowmanville High School
Victoriana Domingos, Clarington Central Secondary School
Julia Taylor, Clarke High School
Reaghan Stamp, Courtice Secondary School
Ezinne Arki, Durham Christian High School
Alexandra Topolnikov, Holy Trinity Secondary School
Emily Ashton, St. Stephens Secondary School
7.2 2021 Clarington Senior of the Year Award – Ontario Honours and Awards
Program
Mayor Foster presented the 2021 "Senior of the Year" Award to Jill Richardson.
Mayor Foster recognized the accomplishments of Ms. Richardson and thanked her
for her service to the community and her contribution and efforts with Clarington
Hospice and the Newcastle's of the World Committee.
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11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Clarington Heritage Committee dated May 18, 2021
11.1.3 Minutes of the Newcastle Arena Board dated May 11, 2021
11.1.4 Minutes of the Clarington Diversity Advisory Committee dated May 27, 2021
Resolution # C-205-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved, with the
exception of Item 11.1.2.
Carried
11.1.2 Minutes of the Agricultural Advisory Committee dated May 13, 2021
Resolution # C-206-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That the Minutes of the Agricultural Advisory Committee dated May 13, 2021, be
approved.
Carried
8. Delegations
8.1 Wendy Bracken regarding Report LGS-017-21 - Procedural By-law Review
(Item 13 of the General Government Committee Report)
Wendy Bracken was present regarding Report LGS-017-21 - Procedural By-law
Review (Item 13 of the General Government Committee Report). She explained
that she is particularly concerned with Section 9.3.6 , which states "Where there is
no accompanying Staff report or Staff communication dealing with the subject of the
delegation, the matter may be received or referred to Staff by a simple majority
vote. All other motions require a 2/3 majority vote of Council for approval." Ms.
Bracken feels this is undemocratic and requested that it be removed from the
proposed Procedural By-law. She thanked the Members of Council for not
supporting the time limit for delegations being reduced to five minutes. Ms.
Bracken noted her concern with Section 3.3 of the Report which proposes fewer
meetings which will be shorter in length. She explained that there are often Reports
released from the Region of Durham and the Ministry which are made public late in
the week and it will be problematic if there is no opportunity for a member of the
public to bring these matters forward to Council. Ms. Bracken added that there are
often emergency situations which Staff may not have had the opportunity to report
on. She requested that these types of urgent matters are permitted to be added to
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a Council agenda with a majority vote. Ms. Bracken answered questions from the
Members of Council.
9. Communications – Receive for Information
10. Communications – Direction
11. Committee Reports
11.2 General Government Committee Report of May 31, 2021
Resolution # C-207-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That the recommendations contained in the General Government Committee
Report of May 31, 2021 be approved on consent, with the exception of items 6, 7,
11 and 13.
Carried
Item 6 - Future of the Tourism Information Centre
Resolution # C-208-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That Report CSD-004-21 be received;
That Council approve the permanent closure of the Tourism Information Centre at
181 Liberty Street, Bowmanville;
That Council support the revised Tourism Service Delivery Model, as presented in
this report; and
That Staff continue to investigate future options for the building, that could include
upgrading and re-purposing, relocation or demolition, and to provide all necessary
funds in the 2022 budget, for consideration.
Yes (4): Mayor Foster, Councillor Hooper, Councillor Jones, and Councillor Zwart
No (2): Councillor Anderson, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
Item 7 - Bowmanville Downtown Parking
Councillor Hooper declared a direct interest in Report LGS-017-21, as he owns
property in downtown Bowmanville. Councillor Hooper muted his audio and video
and refrained from discussion and voting on this matter.
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Resolution # C-209-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That Report LGS-019-21 be received;
That courtesy parking in downtown Bowmanville continue to be provided each year
in the month of December with improved signage;
That an amendment to the Traffic By-law be brought forward to discontinue the two-
hour free parking in Municipal lots beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to increase parking
rates to $1.00 an hour beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to introduce a
maximum daily parking rate of $5.00 for the Division, Silver, Water Tower and
Church St lots beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to establish a two-hour
maximum parking limit in the 20 King St lot beginning on January 1, 2022;
That as part of the 2022 Municipal budget, staff include a proposal for the
procurement of a mobile app service and related equipment to process parking
payments;
That all interested parties listed in Report LGS-019-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Jones, and Councillor Zwart
No (1): Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 1)
Councillor Hooper returned to the meeting.
Item 11 - Economic Development Services in Clarington
Resolution # C-210-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report CAO-003-21 be received;
That Staff be directed to negotiate a renewal contract with the Clarington Board of
Trade (which will require Council approval) substantially on the terms set out in
section 7.4 of this report;
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That, in accordance with Policy 7.3.1 of the Clarington Official Plan, Staff be
directed to retain a consultant to prepare an Economic Development Strategy at an
estimated cost of $50,000 (up to 90% funded through development charges);
That a full-time employee be hired to assist with the delivery of the services
described in section 7.6 of this report, with the cost to be covered through a
corresponding reduction to the CBOT contract; and
That all interested parties listed in Report CAO-003-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
Item 13 - Procedural By-law Review
Resolution # C-211-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report LGS-017-21 be received;
That the By-law attached to Report LGS-017-21 as Attachment 5 to Report
LGS-017-21, repealing and replacing Clarington’s Procedural By-law 2015-029, be
approved with the following amendments:
That subsection 9.2.5 of the by-law (Delegation time Limits), and related
sections, be amended by deleting the words "five (5)" and replacing with the
words "ten (10)", so that delegations are permitted to speak for 10 minutes at
Council and Committee meetings;
That subsection 4.11 of the by-law (Length of Meetings), and related
sections, be amended by adding a section that ensures the remaining
agenda items be placed on the next regular meeting of the same type in the
event that the meeting adjourns in accordance with Sections 4.11.1 and
4.11.2;
That subsection 4.9.1 of the by-law (Closed Meetings), and related sections,
be amended by deleting the words "in accordance with Sub-section 239
(2)(3) of the Municipal Act, 2001" and replacing with the words "if the subject
matter deals with any of the matters in sub-section 239 (2) or 239 (3) of the
Municipal Act, 2001";
That the Procedural Motion definition, within Section 1 of the by-law
(Definitions), and related sections, be amended by:
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adding the words "indefinitely" after the words "to table";
That the words "To defer" be added as item f); and
That the remaining items be renumbered;
That subsection 2.5.1 of the by-law (Agenda Restrictions), and related
sections, be amended by adding the words "at the request of a member of
the public" after the words "The Municipal Clerk shall refuse";
That the by-law be amended by adding the wording such:
"That the items of New Business be placed on the respective part of
the agenda";
That subsection 10.12.9 of the by-law (Motions Introduced Orally), and
related sections, be amended by adding "To defer" to the list of items;
That subsection 10.12.21 of the by-law (Motion to Table), and related
sections, be amended by adding the words "or defer" after the words "A
motion simply to table";
That subsection 10.12.27 of the by-law (Motion to Divide), and related
sections be amended by:
adding a new section after subsection 10.12.27(b):
“The Chair calls the vote on the motion to divide, which is
debatable.”;
replacing subsection 10.12.27(d) with the following:
“The matter of the divided item(s) are now being considered
with the same mover and seconder as the original. The Chair
calls the vote on the divided item(s).”; and
That the subsections be renumbered accordingly;
That the following words from subsection 7.3.1 (Announcements) be
removed from the proposed by-law and any related sections:
“that will occur within one week of the meeting, unless a regular
Council/Committee meeting is not scheduled within one week.”
That subsection 9.3.6 (Disposition of Delegations) of the by-law be deleted.
That Staff be directed to prepare a report recommending the new meeting schedule
to reflect the changes approved in the new Procedural By-law, effective
September 1, 2021.
Carried as Amended, later in the meeting, see following motions
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Resolution # C-212-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended as follows:
“That subsection 10.12.27 (c) of the by-law (Motion to Divide) be amended
by adding the word "not" before the word "debatable".”
Carried
Resolution # C-213-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
“That subsection 10.9.1 of the by-law (Speak Once - Reply) be amended to
allow Members of Council to speak to matters two times at Committee.”
Yes (3): Councillor Jones, Councillor Neal, and Councillor Zwart
No (3): Mayor Foster, Councillor Anderson, and Councillor Hooper
Absent (1): Councillor Traill
Motion Lost on a recorded vote (3 to 3)
Recess
Resolution # C-214-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That the Council recess for 5 minutes.
Carried
The meeting reconvened at 8:25 p.m. with Mayor Foster in the Chair.
Resolution # C-215-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
"That subsection 8.1.9 (New Business) applies to both Committee and
Council to allow New Business at Council."
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Yes (2): Councillor Jones, and Councillor Neal
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (2 to 4)
Resolution # C-216-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
"That the effective date of the by-law be September 1, 2021."
Carried
Resolution # C-217-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
“That subsection 7.2.6 of the by-law (Disclosure of Pecuniary Interest) be
amended by replacing the word "of" with the word "or" after the word
"website"; and
That subsection 10.1.1 (b) of the by-law (No Member Shall) be amended by
adding the words "past or present" after the word "Municipality".”
Carried
Resolution # C-218-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
"That subsection 4.12.1 of by-law (Portable Electronic Devices) be amended
by adding the words “or members of the public” following the words “each
other”".
Carried
The foregoing Resolution #C-211-21 was then put a vote and carried as amended.
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11.3 Planning & Development Committee Report of June 7, 2021
Resolution # C-219-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development Committee
Report of June 7, 2021 be approved on consent.
Carried
12. Staff Reports
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
14.1 Declaration of Interest at Advisory Committee Meetings
Resolution # C-220-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the declaration of interest portion of the agenda for Advisory Committees be
deleted.
Yes (2): Councillor Jones, and Councillor Neal
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost (2 to 4)
15. By-laws
15.1 2021-052 - Being a by-law to authorize the closure and conveyance of a road
allowance and the conveyance of a road allowance
15.2 2021-053 - Being a By-law to amend Traffic By-law No. 2014-059
15.3 2021-054 - Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its Planning
and Development Committee, and Special Committees, and to repeal By-law
2015-029
15.4 2021-055 - Being a By-law to adopt Amendment No. 1 to the municipal-wide
COVID-19 Community Improvement Plan (CIP)
15.5 2021-056 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
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Resolution # C-221-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2021-052 to 2021-056; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
17. Other Business
Councillor Neal advised that he had questions related to the Anaerobic Digester
litigation.
Closed Session
Resolution # C-222-21
Moved by Councillor Neal
Seconded by Councillor Hooper
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
litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board.
Carried
Recess
Resolution # C-223-21
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the Council recess for 15 minutes.
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 no resolution was
passed.
Councillor Hooper enquired who he should contact regarding noise related issues
at a construction site.
Councillor Zwart thanked staff for addressing the issues of dump trucks driving
through downtown Newcastle.
Councillor Neal enquired if staff are addressing the condo issues in Newcastle.
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18. Confirming By-Law
Resolution # C-223-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-057, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 14th day of June, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-224-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That the meeting adjourn at 10:05 p.m.
Carried