HomeMy WebLinkAbout2021-11-01 Agenda
Council
Post-Meeting Agenda
Date:November 1, 2021
Time:6:30 p.m.
Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS
Teams)
Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Michelle Chambers,
Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at
mchambers@clarington.net.
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Accessibility Coordinator, at 905-623-3379 ext. 2131.
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meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be
recording you and will make the recording public by publishing the recording on the Municipality’s
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Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
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Copies of Reports are available at www.clarington.net
*Late Item added or a change to an existing item after the Agenda was published.
Pages
1.Call to Order
2.Moment of Reflection
3.Land Acknowledgement Statement
4.Declaration of Interest
5.Announcements
6.Adoption of Minutes of Previous Meeting(s)
6.1.Minutes of a regular meeting of Council dated October 18, 2021 5
7.Presentations / Delegations
7.1.Farkhunda Muhtaj, Captain of the Afghanistan Women’s National Soccer
Team - Recognition of Operation Soccer Balls Initiative
*7.2.Kim Churchill regarding Item 9.2.3 of the October 25, 2021, Joint
Committees Minutes - Lighting at Courtice Dog Park
8.Reports/Correspondence Related to Presentations/Delegations
9.Consideration of Minutes
9.1.Advisory Committee Minutes
9.1.1.Minutes of the Samuel Wilmot Nature Area Management
Advisory Committee dated September 14 and October 19, 2021
24
9.2.Standing Committee Minutes
9.2.1.Minutes of the Joint General Government and Planning and
Development Committee Meeting dated October 25, 2021
31
10.Communications
11.Staff Reports and Staff Memos
12.Business Arising from Procedural Notice of Motion (For Consideration at
Subsequent Meeting)
Page 2
13.Unfinished Business
13.1.Anaerobic Digestor Environmental Assessment (Matter referred from
the October 18, 2021 Council Meeting)
13.1.1.Report PDS-056-21 - Request for a Full Environmental
Assessment for the Mixed Waste Transfer/Pre-Sort and
Anaerobic Digestion Organics Processing Facility
53
13.1.2.Anaerobic Digestor Environmental Assessment - (Motion from
Councillor Neal) - Referred from the October 18, 2021 Council
Meeting
(Link to the Anaerobic Digestor Environmental Assessment
Motion from Councillor Neal)
13.1.3.Memo from Ryan Windle, Director of Planning and
Development Services regarding Requirements to Request a
Full Environmental Assessment for the Mixed Waste/Pre-sort
and AD Organics Processing Facility (Referred from the
October 18, 2021 Council Meeting)
(Link to Memo from Ryan Windle, Director of Planning and
Development Services regarding Requirements to Request a
Full Environmental Assessment for the Mixed Waste
Transfer/Pre-Sort and Anaerobic Digestion Organics
Processing Facility)
*13.2.Report PDS-055-21 - Additional Dwelling Units - Official Plan and
Zoning Bylaw Amendments (Referred from the October 25, 2021 Joint
Committees Meeting)
71
Link to Report PDS-055-21
(Memo from Ryan Windle, Director of Planning and Development
Services regarding Additional Dwelling Units - Official Plan and Zoning
Bylaw Amendments Included)
13.3.Memo from Andy Allison, Chief Administrative Officer, Regarding
Executive Recruiting Services for Recruitment of a Chief Administrative
Officer (Referred from the October 25, 2021 Joint Committees Meeting)
(Link to Item 9.5.1 of the October 25, 2021 Joint Committees Meeting)
14.Confidential Items
15.By-laws
Page 3
15.1.2021-079 - 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”
(Item 9.2.1 of the October 25, 2021 Joint Committee Minutes)
15.2.2021-080 - Being a By-law to adopt the Use of Corporate Resources for
Election Purposes Policy, and Repeal By-law 2018-028
(Item 9.3.1 of the October 25, 2021 Joint Committees Minutes)
15.3.2021-081 - Being a By-law to license and regulate additional dwelling
units in the Municipality of Clarington.
(Item 9.3.2 of the October 25, 2021 Joint Committees Minutes)
15.4.2021-082 - Being a By-law to amend By-law 84-63 and By-law 2005-
109
*15.5.2021-083 - being a By-law to exempt a certain portionof Registered Plan
40M-2615 from Part Lot Control
74
16.Procedural Notices of Motion (For Consideration at Subsequent Meeting)
17.Questions to Department Heads / Request for Staff Report(s)
18.Confirming By-Law
19.Adjournment
Page 4
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Council Minutes
Date:
Time:
Location:
October 18, 2021
6:30 pm
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. Perini, T. Pinn, R.
Windle, J. Gallagher, M. Chambers
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 6:36 pm.
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
There were no declarations of interest.
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 September 20, 2021
6.2 Minutes of a special meeting of Council dated September 27, 2021
Resolution # C-306-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the minutes of a regular meeting of Council dated September 20, 2021, be
approved; and
That the minutes of a special meeting of Council dates September 27, 2021, be
approved.
Carried
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2
7. Presentations / Delegations
7.1 Sarah Rutherford - Recognition of Efforts and Dedication to the Orono Greens
Project
Mayor Foster recognized Sarah Rutherford for her efforts and dedication to the
Orono Greens Project. He explained that, in 2020, Ms. Rutherford started the Orono
Greens Project which assists in supplying donated produce from local residents to
those in need in the community. Mayor Foster noted that this program continued
this past summer and he thanked her for her leadership and her contribution to the
community. Mayor Foster virtually presented the certificate to Sarah and thanked
her on behalf of the Members of Council.
7.2 Peter Cohen, Climate Justice Durham regarding Report PDS-045-21 -
Clarington’s Green Development Program
Peter Cohen, Climate Justice Durham, was present regarding Report PDS-045-21,
Clarington’s Green Development Program. Mr. Cohen expressed his support of the
Green Development Program and the Climate Action Plan. He thanked staff, the
Members of Council, and the Community for their support of the program. Mr.
Cohen understands that there may be concerns with the program but feels that this
standard would increase development, improve efficiency, and result in cost savings
in some areas of development. He believes that if there were any costs increases it
would be minimal. Mr. Cohen added that this is a viable program and would save
consumers money on home repairs. He believes this program is essential to making
developments more efficient and result in lower emissions from the buildings. Mr.
Cohen added that, if this is done correctly the first time, it will help save the climate
for future renovations. He stated that climate change is presenting a very dangerous
situation and is urging the Members of Council to pass the standard and assist the
country in becoming more proactive in adapting to climate change. Mr. Cohen
requested that Climate Justice Durham be added to the interested parties list. He
answered questions from the Members of Council.
7.3 Alyssa Scanga, Climate Justice Durham, regarding Report PDS-045-21 -
Clarington’s Green Development Program
Alyssa Scanga, Climate Justice Durham, was present regarding Report PDS-045-
21, Clarington’s Green Development Program. Ms. Scanga noted that she supports
the Green Development Standards. She stated that we are in a climate emergency
and now is the time to act. Ms. Scanga highlighted why the changes in the Green
Development Standards need to be adopted and implemented. She feels that this
program will increase property values, increase efficiency, and create jobs. Ms.
Scanga feels that implementing these standards will assist with air quality and health
related issues and is asking for this to be done to help the future generations have
clean air. She is asking the Members of Council to support this as it matters to her
and for the future of air quality. Ms. Scanga added the Clarington has declared a
Climate Emergency and this is the next step. She thanked the Members of Council
and answered questions.
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7.4 Libby Racansky regarding Report PDS-045-21 - Clarington’s Green
Development Program
Libby Racansky was present regarding Report PDS-045-21, Clarington’s Green
Development Program. Ms. Racansky noted that this initiative was started in 2015
and feels that it has never fully been taking into consideration with development
standards. She explained that she read the report and feels that it is very critical
and should be acted upon by the Municipality and not simply received for
information. Ms. Racansky noted that developments need to take the environment
into consideration and take into account the health and safety of the residents and
provide protection from flooding, illness, and other impacts from developing in
unsuitable areas which are destroying the environment. She believes we need to
plan for environmental sustainability and all developments need to take the
environment into consideration which includes developing cycling trails and planting
trees. Ms. Racansky feels these actions must be incorporated into the Strategic
Plan and ensure that environmental sustainability is addressed in the actions. She
concluded by stating that we need to assume responsibility and that, if nothing is
done, the conditions will only become worse. She asked the Members of Council to
think globally and act locally. Ms. Racansky answered questions from the Members
of Council.
8. Reports/Correspondence Related to Presentations/Delegations
9. Consideration of Minutes
9.1 Advisory Committee Minutes
9.1.1 Minutes of the Diversity Committee dated September 2 and 23, 2021
9.1.2 Minutes of the Newcastle Arena Board dated September 14, 2021
9.1.3 Minutes of the Heritage Committee dated September 21, 2021
9.1.4 Minutes of the Newcastle Community Hall Board dated March 16, April 20, May
18, June 15 and September 28, 2021
9.1.5 Minutes of the Tourism Advisory Committee dated August 31, 2021
Resolution # C-307-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Advisory Committee Report Items 9.1.1 to 9.1.5 be approved.
Carried
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9.2 Standing Committee Minutes
9.2.1 Minutes of the Audit and Accountability Committee dated September 28, 2021
Resolution # C-308-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the minutes of the Audit and Accountability Committee dated September 28,
2021, be approved on consent with the exception of Item 9, which is to be referred to
the consideration of Unfinished Business Item 13.3.
Carried
9.2.2 Minutes of the General Government Committee meeting dated September 27,
2021
Resolution # C-309-21
Moved by Councillor Anderson
Seconded by Councillor Jones
That the Minutes of the Joint General Government and Planning and Development
Committees meeting dated September 27, 2021, be approved on consent, with the
exception of Items 8.5.4, 8.3.4, 8.4.1, 8.5.1 and 8.5.3.
Carried
Item 8.5.4 - Quarterly Update of Local Municipal News
Resolution # C-310-21
Moved by Councillor Jones
Seconded by Councillor Neal
That Item 8.5.4, Quarterly Update of Local Municipal News, be referred to Staff.
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, later in the meeting, see following motions
(3 to 4)
Resolution # C-311-21
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-310-21 for a second time.
Carried
The foregoing Resolution #C-310-21 was then put to a recorded vote and lost.
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Resolution # C-312-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Staff be directed to write and produce a one page quarterly update of local
Municipal news containing Council decisions and major news stories from the
Municipality, tentatively named “What's up in Clarington”;
That the quarterly update be distributed using Canada Post mail-drop to all residents
in Clarington; and
That a maximum cost be capped at $60,000 annually, with the acknowledgement
that this may mean that it be only three times a year instead of four times a year,
and be funded from the Tax Rate Stabilization Fund.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried on a recorded vote (4 to 3)
Item 8.3.4 - Anaerobic Digestor Environmental Assessment
Resolution # C-313-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the matter of the Anaerobic Digestor Environmental Assessment be referred to
the Council meeting of November 1, 2021, as staff are still in the process of
collecting information from the Ministry of the Environment, Conservation and Parks
regarding a full Environmental Assessment request process for the Anaerobic
Digestor Environmental Assessment.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried on a recorded vote (4 to 3)
Item 8.4.1 - Report FSD-040-21, 2022 Budget Guidelines
Resolution # C-314-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report FSD-040-21 and any related communication items, be received;
That Staff prepare a draft budget with a target municipal increase of 3.95 per cent;
That Staff include within the draft budget requests for funding from external agencies
up to a maximum of 3.30 per cent;
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That the 2022 budget schedule, as outlined within Report FSD-040-21, be approved;
That all interested parties listed in Report FSD-040-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried on a recorded vote (4 to 3)
Item 8.5.1 - Report CAO-005-21, Executive Recruiting Services for Recruitment
of a Chief Administrative Officer
Resolution # C-315-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report CAO-005-21 be received;
That a CAO Selection Committee be established to recommend to Council a short
list of candidates to interview for the CAO’s position;
That the CAO Selection Committee consist of the Mayor, an executive with senior
leadership experience in public sector organizations and a Member of Council;
That Councillor Neal be appointed to the CAO Selection Committee in accordance
with the Appointment Policy;
That Staff report back to Council with a recommendation for an award of contract to
an executive recruiting firm.
Motion Lost
Resolution # C-316-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report CAO-005-21 be received;
That Staff be directed to negotiate and enter into a single source contract with
Western Management Consultants, to provide services of a recruitment firm for the
CAO’s position, with an upset limit of $40,000;
That a CAO Selection Committee be established to work with the recruitment firm to
recommend to Council a short list of candidates to interview for the CAO’s position;
That the CAO Selection Committee consist of the Mayor, an executive with senior
leadership experience in public sector organizations, and a Member of Council; and
That Councillor Neal be appointed to the CAO Selection Committee.
Carried
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Item 8.5.3 - Report CAO-009-21, Centralized Customer Service Review
Resolution # C-317-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report CAO-009-21 be received;
That Council endorses, in principle, the recommendations contained in the
Centralized Customer Service Review prepared by CSPN dated September 21,
2021 (Attachment 1 to Report CAO-009-21);
That Staff be directed to review the recommendations contained in the CSPN Report
and prepare an implementation plan to create a centralized customer service model;
That any net-new costs associated with the implementation plan shall require prior
approval from Council; and
That Staff be directed to respond in support of the letter from the Region of Durham
dated August 11, 2021 (Attachment 2 to Report CAO-009-21) to allow 311 calls
made within Municipal boundaries to be routed to the Region, in an effort to address
gaps in geographic exchange boundaries.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried on a recorded vote (4 to 3)
Recess
Resolution # C-318-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:12 pm with Mayor Foster in the Chair.
9.2.3 Minutes of the Planning and Development Committee meeting dated October
4, 2021
Resolution # C-319-21
Moved by Councillor Anderson
Seconded by Councillor Neal
That the Minutes of the Planning and Development Committees meeting dated
October 4, 2021, be approved on consent, with the exception of Items 11.1.2, 13.1
and 9.1.
Carried
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Item 13.1 - Confidential Verbal Update from Rob Maciver, Director of
Legislative Services/Municipal Solicitor, Regarding Camp 30 Option
Agreement
Item 11.1.2 - PDS-044-21 Jury Lands (Camp 30) and Recommended
Amendment No 121to the Clarington Official Plan
Resolution # C-320-21
Moved by Councillor Neal
Seconded by Councillor Traill
That Items 13.1 and 11.1.2 be referred to the be referred to the end of the Agenda.
Carried
Item 9.1 - Report PDS-045-21, Clarington’s Green Development Program
Resolution # C-321-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report PDS-045-21, and any communications, be received; and
That all interested parties listed in Report PDS-045-21 and any delegations be
advised of Council’s decision.
Carried
10. Communications
11. Staff Reports and Staff Memos
11.1 Report CSD-007-21 - Community Arena and Hall Boards – Ongoing Challenges
due to COVID-19
Resolution # C-322-21
Moved by Councillor Traill
Seconded by Councillor Zwart
That Report CSD-007-21, and any related communication items, be received;
That Staff be directed to work with volunteer operated arena and community hall
boards to resource the proof of vaccination process for their buildings, as required
by recent amendments to the Reopening Ontario Act, 2020 (ROA);
That the Director of Financial Services provide funding for proof of vaccination
process, utilizing the COVID-19 Recovery Funds and/or Safe Restart Funds
received from the Province and Government of Canada subject to availability and
eligibility;
That this arrangement remain in place until March 31, 2022, or earlier, if future
amendments to the ROA eliminate the need for the current proof of vaccination
process;
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That staff report back to Council, in Spring 2022, providing a report on the costs
incurred by the Municipality to provide financial support to these boards; and
That all interested parties listed in Report CSD-007-21 and any delegations be
advised of Council’s decision.
Carried
11.2 Report LGS-026-21 - Health Benefit Program 2021 Renewal to November 1,
2022
Resolution # C-323-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report LGS-026-21, and any related communication items, be received;
That the Health Benefit Program be renewed with Sun Life, to November 1, 2022 at
an overall net increase of 1.4% and that the Stop Loss and Out of Country Pooling
level be increased from $15,000 to $20,000 effective January 1, 2022; and
That the Library be advised of the renewal program, and that they continue to be
invoiced for their portion of the benefit program as applicable.
Carried
11.3 Memo from Ryan Windle, Director of Planning and Development Services
regarding Request from Delpark Homes Ltd. for an exemption from the two-
year freeze on submitting an application for Minor Variance related to a site
specific Zoning By-law Amendment
Resolution # C-324-21
Moved by Councillor Neal
Seconded by Councillor Jones
Whereas on May 20, 2020 By-law 2020-012 became final and binding for lands
owned by Delpark Homes Ltd., at 1539 Prestonvale Road; and
Whereas Delpark Homes Ltd. wishes to submit five Minor Variance applications to
facilitate development on lots for single-detached and townhouse dwellings within an
approved Plan of Subdivision (S-C-2018-0005); and
Whereas subsections 45(1.2), 45(1.3) and 45(1.4) of the Planning Act prohibit
Delpark Homes Ltd. from requesting a minor variance to Zoning By-law 84-63, as
amended, before the second anniversary of the first day that the site-specific
amendments came into effect, unless Council has declared by resolution that such a
request is permitted; and
Whereas Council wishes to permit Delpark Homes Ltd. to make Minor Variance
applications respecting their property;
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Now therefore be it resolved:
That Council hereby permits Delpark Homes Ltd. to file Minor Variance applications
for lands associated with By-law 2020-012 on Lots 1, 21, 39, 40, and Block 68, Plan
40M-xxxx; and,
That, by granting permission to Delpark Homes Ltd. to make Minor Variance
applications for the lands associated with By-law 2020-012, Council is in no way
expressing any opinion regarding the planning merits of the subject applications.
Carried
11.4 Memo from Ryan Windle, Director of Planning and Development Services
regarding Requirements to Request a Full Environmental Assessment for the
Mixed Waste Transfer/Pre-Sort and Anaerobic Digestion Organics Processing
Facility
Resolution # C-325-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Memo from Ryan Windle, Director of Planning and Development Services
regarding Requirements to Request a Full Environmental Assessment for the Mixed
Waste Transfer/Pre-Sort and Anaerobic Digestion Organics Processing Facility, be
referred to the November 1, 2021 Council meeting.
Carried
11.5 Memo from Trevor Pinn, Director of Financial Services/Treasurer regarding
Questions Arising at Audit and Accountability Committee from Financial
Update at June 30, 2021
Resolution # C-326-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the Memo from Trevor Pinn, Director of Financial Services/Treasurer regarding
Questions Arising at Audit and Accountability Committee from Financial Update at
June 30, 2021, be received for information.
Carried
12. Business Arising from Procedural Notice of Motion (For Consideration at
Subsequent Meeting)
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13. Unfinished Business
13.1 Michael Harris, P. Eng., Project Engineer, Region of Durham, Regarding a
Request for Noise By-law Exemption for October 14, 2021, to November 5,
2021
Resolution # C-327-21
Moved by Councillor Zwart
Seconded by Councillor Traill
That the request for Noise By-law Exemption, Communication Item 7.2, from
Michael Harris, P. Eng., Project Engineer, Region of Durham, for October 14, 2021
to November 5, 2021, be approved.
Carried as Amended, see following motions
Resolution # C-328-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-327-21 be amended by adding the following at the
end:
"That, as a condition of granting the noise exemption, the affected Clarington
residents within a 500m radius of the work be provided with option of being
provided overnight hotel stays, at the Region of Durham’s expense, when
work is taking place between 10:00 pm and 7:00 am."
Carried
The foregoing Resolution #C-327-21 was then put a vote and carried as amended.
13.2 Report FSD-044-21 Snow Clearing Services
Resolution # C-329-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report FSD-044-21 be received;
That GWS Landscaping Inc. having met all terms, conditions and specifications of
CL2021-24 be awarded the contract for an initial three-year term for Snow Clearing
Services for Municipal Facilities, Parking Lots, Sidewalks/Walkways, Crosswalks,
Laneways, Trails/Pathways and Boulevard Snow Removal, throughout Courtice,
Bowmanville, Newcastle & District Rural Areas;
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That Staff be directed to work with the boards of the following Municipal facilities to
cover the cost of snow clearing for the 2021-2022 winter season with funds to come
from COVID Recovery Fund:
Bowmanville Memorial Park
Brownsdale Community Centre
Hampton Hall
Haydon Community Centre
Kendal Community Centre
Newcastle Memorial Arena
Newcastle Town Hall
Newtonville Hall
Orono Town Hall
Orono Arena & Community Centre
Solina Hall
Tyrone Hall
Visual Arts Centre
That the funds required for the first-year term in the amount of $1,184,654.06 +
$78,000 (for above municipal facilities for the 2021-2022 winter season only) for a
three year period (Net HST Rebate) be drawn from the respective operating
budgets;
That the Purchasing Manager, in consultation with the Director of Public Works, be
authorized to extend the contract for up to two additional one -year terms pending
satisfactory service, available funds, and subject to yearly rate increase based on
the Consumer Price Index, All Items, Ontario, most recent issue; and
That all interested parties listed in Report FSD-044-21 and any delegations be
advised of Council’s decision.
Carried Later in the Meeting, as amended, see following motions
Recess
Resolution # C-330-21
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Council recess for five minutes.
Carried
The meeting reconvened at 10:24 pm with Mayor Foster in the Chair.
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Suspend the Rules
Resolution # C-331-21
Moved by Councillor Traill
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to extend the meeting to 11:15 pm.
Carried
Resolution # C-332-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the foregoing Resolution #C-330-21 be amended with the following changes:
"That the words " or provide snow clearing services" be added after the word
"clearing" in the second paragraph;
That the following facilities be added to the list:
Bowmanville Older Adult Association
Sara Jane Williams
Waverly Place; and
That, in the fourth paragraph, "$78,000" be replaced with "$103,000" and the
word “estimated" be inserted in front of the words "for above municipal
facilities for the 2021-2022 winter season only".
Carried
Resolution # C-333-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the matter of the costs of snow clearing for municipal facilities managed by
volunteer boards be divided.
Carried
The following was now before Council:
Resolution # C-334-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report FSD-044-21 be received;
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That GWS Landscaping Inc. having met all terms, conditions and specifications of
CL2021-24 be awarded the contract for an initial three -year term for Snow Clearing
Services for Municipal Facilities, Parking Lots, Sidewalks/Walkways, Crosswalks,
Laneways, Trails/Pathways and Boulevard Snow Removal, throughout Courtice,
Bowmanville, Newcastle & District Rural Areas;
That the funds required for the first-year term in the amount of $1,184,654.06, for a
three year period (Net HST Rebate) be drawn from the respective operating
budgets;
That the Purchasing Manager, in consultation with the Director of Public Works, be
authorized to extend the contract for up to two additional one -year terms pending
satisfactory service, available funds, and subject to yearly rate increase based on
the Consumer Price Index, All Items, Ontario, most recent issue; and
That all interested parties listed in Report FSD-044-21 and any delegations be
advised of Council’s decision.
Carried
The following was now before Council:
Resolution # C-335-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Staff be directed to work with the boards of the following Municipal facilities to
cover the cost of snow clearing or provide snow clearing services for the 2021-2022
winter season with funds to come from the Province of Ontario COVID Recovery
Funds:
Bowmanville Memorial Park
Bowmanville Older Adult Association
Brownsdale Community Centre
Hampton Hall
Haydon Community Centre
Kendal Community Centre
Newcastle Memorial Arena
Newcastle Town Hall
Newtonville Hall
Orono Town Hall
Orono Arena & Community Centre
Sara Jane Williams
Solina Hall
Tyrone Hall
Visual Arts Centre
Waverly Place; and
Page 18
October 18, 2021
Council Minutes
15
That $103,000 (estimated for above municipal facilities for the 2021-2022 winter
season only) 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)
13.3 Report FSD-036-21, Purchasing By-law (Referred from the September 28, 2021
Audit and Accountability Committee Meeting)
Resolution # C-336-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report FSD-036-21 be received;
That the updated purchasing By-law be approved, with thresholds that are the mid-
point between the current level and the Staff recommended level, moving the
purchasing threshold to $375,000 and the consulting services to $40,000; and
That all interested parties listed in Report FSD-036-21 and any delegations be
advised of Council’s decision.
Motion Lost
Resolution # C-337-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FSD-036-21 be received;
That the updated purchasing by-law be approved, as recommended by Staff, with
the $500,000 and $50,000 thresholds in place; and
That all interested parties listed in Report FSD-036-21 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)
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October 18, 2021
Council Minutes
16
14. Confidential Items
14.1 Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor regarding Anaerobic Digester – Host Community
Agreement Dispute
Item 13.1 - Confidential Verbal Update from Rob Maciver, Director of
Legislative
Services/Municipal Solicitor, Regarding Camp 30 Option Agreement
Item 11.1.2 - PDS-044-21 Jury Lands (Camp 30) and Recommended
Amendment No 121 to the Clarington Official Plan
Closed Session
Resolution # C-338-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended,
the meeting be closed for the purpose of discussing two matters that deal with the
following:
a proposed or pending acquisition or disposition of land by the municipality or
local board;
a matter that deals with litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
a matter that deals with advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; and
a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality or
local board.
Carried
Rise and Report
The meeting resumed in open session at 11:32 pm.
Mayor Foster advised that two items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and 2 resolutions were
passed on a procedural matter and one resolution was passed to provide direction to
staff.
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October 18, 2021
Council Minutes
17
Resolution # C-339-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor regarding Anaerobic Digester – Host Community
Agreement Dispute, be received for information.
Carried
Resolution # C-340-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No
121 to the Clarington Official Plan, be referred to the December 6, 2021 Planning
and Development Committee meeting.
Carried
15. By-laws
15.1 2021-072 - 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”
15.2 2021-073 - Being a by-law to amend By-law 2014-059, being a by-law to
regulate traffic and parking on highways, private property and municipality
15.3 2021-074 - Being a by-law to amend Election Sign By-law 2016-004
15.4 2021-075 - Being a by-law to amend the Road Occupancy By-law
15.5 2021-076 - Being a by-law to amend the Boulevard By-law
15.6 2021-077 - Being a by-law to provide policies and procedures for the
procurement of goods and services
Resolution # C-341-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-laws 2021-072 to 2021-077; and
That the said by-laws be approved.
Carried
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October 18, 2021
Council Minutes
18
16. Procedural Notices of Motion (For Consideration at Subsequent Meeting)
17. Questions to Department Heads / Request for Staff Report(s)
Resolution # C-342-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Staff, in consultation with the Diversity Advisory Committee, investigate and
report back on the costs and benefits of membership in the Coalition of Inclusive
Municipalities.
Carried Later in the Meeting, see following motions
Suspend the Rules
Resolution # C-343-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to extend the meeting for an additional
five minutes until 11:45 pm.
The foregoing Resolution #C-342-21 was then put to a vote and carried.
Carried
Resolution # C-344-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Staff be requested to prepare a report on a toolbox to address traffic issues,
based on Mr. Brake’s report he had previously prepared for the City of Pickering.
Carried
18. Confirming By-Law
Resolution # C-345-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-078, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 18th day of October, 2021; and
That the said by-law be approved.
Carried
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October 18, 2021
Council Minutes
19
19. Adjournment
Resolution # C-346-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the meeting adjourn at 11:45 pm.
Carried
Page 23
Samuel Wilmot Nature Area Advisory Committee
Minutes of Meeting of : September 14 2021 – 7PM
via Microsoft Teams
In Attendance: Kate, Leo, Rod, Meaghan, Tom, Ken
Regrets: Patrick, Brian
Absent: Corinna Traill
Motion to accept the agenda: Leo
2nd: Rod
No Additions
Carried
Motion to accept minutes of meeting of August 10, 2021: Tom
2nd: Meaghan
Carried:
Monarch Tagging update:
Kate took a small group out on Friday Sept 10th on the Port waterfront side. Not many butterflies, but
tagged 3 (total) in 1.5h. Blossoming of the pollinator plants in this area was affected by dry weather
and may have contributed to lower numbers than expected. Over email the subcommittee decided to
move the tagging for the remaining days (Saturday, Sunday, Monday) to the Cobbledick Rd. Side. On
Saturday, no community members came out for the 10 AM slot, but Brian and Tom tagged ~30-50
monarchs. At the 12 noon timeslot, there were about 10-15 community members, and many butterflies
were tagged (Kate, Tom, and Brian helped with tagging). At the 2pm timeslot there was a small group (3
community members) that came out, and Kate & Tom helped with the tagging.. On Sunday the 10 AM
timeslot was cancelled due to rain. Rod still went out and caught 12 butterflies (but didn’t tag). Sunday
at noon there were 6 community members, and Tom / Kate helped with tagging. At the 2pm timeslot,
no one showed up but Brian and Tom tagged 64 monarchs. In total on Saturday / Sunday there were
188 monarchs tagged. Kate took another small group out on Monday evening, but there weren’t many
butterflies (likely too late for prime tagging), but still tagged about 15 more monarchs.
Some lessons learned:
1. Order tags in July so there is less chance of late arrival. Our tags this year arrived the day before
our event was scheduled to start (in part due to COVID19 delaying mail from USA). We did have
Tom’s tags as a back up, but ordering tags earlier will allow us to advertise earlier.
2. Remind people to dress appropriately. Many people came in flipflop sandals and shorts instead
of long pants and shoes/boots.
3. If we can do a big event that is probably preferrable.
4. the evening time slots were not very productive. In fact, we observed monarchs beginning to
roost by 6 p.m. The optimum time slot for tagging appears to be between 10 a.m. and 5-5:30
p.m.
Remaining tags will be split up among committee members to try and fill as many as possible before the
end of the migration.
Page 24
The group discussed trying to arrange for a late-fall mow of the wildflower area along the Port of
Newcastle waterfront. Ken will follow up. Likely after first frost.
The question was raised as to whether the restored area of the Cobbledick Rd. side should be mowed.
Tom will follow up with the folks at Wildflower Farm where we purchased the seeds to see what they
recommend.
Kate acknowledged that the municipal team cleaning up around the SWNA is doing a great job as of late.
Update on Butternut tree planting:
Ken stated that the file is with Steve, and they have not heard from the consultant since August.
Brian had previously asked Steve if a walk- about with either or both of the contractor and our
landscape architect could be arranged to allow our committee the opportunity to input into the
locations of the planting
Ken said that a Fall planning may still be possible.
Update on South Lookout:
Ken said that it went out through purchasing this week. It required a total replacement, except
footings. GRCA permitting is underway. It is possible that it will be completed this year.
Storm Drainage Pond near Toronto St. Parking lot:
Leo explained how the clearing of the area around the storm water pond frustrated and saddened
the committee members as well and numerous members of the community. Peter had told our
committee that it would need to happen at some point, but there should have been better
communication with the municipality, our committee, and with the community. The area was
cleared, gated off, and the standing debris as been left there in a pile for week without any
subsequent actions. Clearly they could have waited, and shouldn’t someone from our committee
or at least the municipality have known that Kaitlin was about to do this?.
Other members of the committee also reiterated that this area is well known by our committee
and our community as having significant biodiversity, and being an important spot for migrating
monarchs in the Fall. If the developers had waited another few weeks it still could have provided
that service for the migrating butterflies. In addition, a less invasive method of doing the required
work should be possible. The committee asks that such be investigated.
Tom highlighted that our committee knows the area well, knows the biological and ecological
role the area plays, and has a good sense of how the community uses that area. Our committee
has a strong interest in helping to advise how that area is developed.
Committee members expressed a general frustration at the fact that no one was informed that
this was going to happen.
Committee Vacancies:
Need additional people, 3 positions now need to be filled.
Carrie-Anne Atkins has indicated that she needs to step down due to other commitments but
will continue as a member until the end of 2021 unless a replacement is named earlier.
We need members who are willing to participate actively on the committee and will be here for
at least a year of their term.
Page 25
Ken will follow up with the Clerk’s Department regarding the official process, and will find out if
we are allowed to advertise the position (e.g., on Facebook). I we are able to advertise, perhaps
more people will know about it, and those people will have a better understanding of what out
committee actually does.
Ken will also find out if it is possible for our committee to see the list of applicants.
Fall Clean-up:
Leo asked if there was any interest in running a Fall clean-up in SWNA, given that current COVID-
19 restrictions may preclude a big group event.
The committee acknowledged the large mess left annually by Fall anglers.
The committee decided to run a small Fall clean-up on Saturday November 6th
Ken can support this by providing bags/gloves and doing a pick up.
Next meeting: October 12th at 7pm. It may be in person. However with growing number of COVID-19
cases it is more likely to be virtual (via Teams).
Other business:
Ken mentioned that some dead ash trees will be removed from the memorial forest because
they have become a safety issue.
Roundtable:
Kate is excited about her new puppy
Tom shared his thoughts on how special where we live really is in terms of the Monarch
migration, and how our community is increasingly engaged in monarch watching and spotting
roosts. The fact that every year monarchs tagged in Newcastle are recoverd in Mexico (when
other people tag hundreds of monarchs each year and never have one recoverd), speaks to the
importance of our area, and the work our committee and our community does to protect and
enhance the natural areas here.
Motion to adjourn: Leo
2nd: Meaghan
Carried.
Page 26
SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE
TUESDAY OCTOBER 19, 7:00 P.M.
Via Microsoft Teams
Welcome
Attendance: Brian Reid, Leo Blindenbach, Tom Hossie, Megan Vandenbrink,
Kate Potter, Rod McArthur, Ken Mercer ( staff ), Corinna Traill
Regrets: Patrick Bothwell, Carrie-Anne Atkins
Additions to the Agenda – additional wildflower seed packages available - Leo
Acceptance of the Agenda:
Moved by Kate Potter, seconded by Megan Vandenbrink that the agenda, with
addition, be accepted. Carried.
Minutes of meeting of September 14, 2021: moved by Leo Blindenbach,
seconded by Rod McArthur that the minutes of the SWNAMAC meeting of
September 14th be approved. Carried
Status Reports/Updates:
Monarch Tagging – Tom et al – Tom advised that a total of 456 monarchs were
tagged during this year’s tagging program. Migration continued into October,
probably due to the warm weather. We are pleased with the overall number
given that we were unable to hold this event in the same manner as we have
done pre Covid.
Butternut Tree Planting – Ken advised that there were no developments to this
point
Page 27
South Lookout – The tender has closed and bids are being reviewed. It is
unclear if the project will be undertaken this fall. If not, it will be given high
priority for an early start in the spring.
Storm Drainage pond – status report - Ken . No new developments to report.
The matter is now being addressed with the developer by representatives of
the municipality.
Ash Tree Removal – Ken advised that some removal in the Lion’s Memorial
Forest is likely to be undertaken later this fall after freeze up
Fall mowing of wildflower areas: after some discussion, it was agreed that
mowing of the area along the waterfront in the Port would be done after freeze
up. The new wildflower meadow on the Cobbledick side will be undertaken in
the spring. Tom has reviewed information from the organization who provided
the seed to us and this is the preferred course of action.
Fall Cleanup November 6th – Leo - It was agreed that teams will participate on
both the Toronto Street and Cobbledick sides of the SWNA. The Cobblestone
beach on the Toronto Street side and the beach beneath the bluffs on the
Cobbledick side were mentioned as areas which should be covered. Ken will
provide bags and gloves. Kate will prepare a flyer for placement and distribution
in social media. Most members of the committee appear to be available to
assist. Further communications will take place via email since this event will
take place prior to our next meeting.
Ken may be able to provide contact information for a local fishing group that
could be approached about assisting with cleanup along the actual banks of the
creek which are difficult to access without waders etc. The Ontario Federation
of Anglers and Hunters may be another possibility. Kate has a contact with
GRCA.
Membership – Brian advised that we will have three vacancies by the end of
December when Carrie-Anne Atkins’ resignation takes effect. Ken has spoken
with the Clerk’s office. An advertisement will be placed in the local paper
shortly. We are also able as a committee to “ advertise “ that we are looking for
members through our own channels. However, anyone interested must apply
online to the municipality. Discussion took place concerning the possibility of
Page 28
input into the selection process. Councillor Traill will investigate tis on our
behalf. It was noted that our committee us a very active one , with physical
activity often involved. Persons with the appropriate academic backgrounds
and/or experience with environmental/nature matters would be ideal.
Discussion also took place about when and how many persons should be added
to the committee at one time. No decision was reached but we do appear to
have the authority to bring new members on board individually or all at once.
Councillor Traill will also investigate this matter on our behalf.
Other Business: Leo advised that he still has large quantities of wildflowers seed
packages available. He has been working with some school teachers who will be
making “ seed bombs “ during the winter for placement in the meadow garden
next spring. He asked anyone who knows of others who might be interested in
doing something similar to contact him.
Councillor Traill raised the following issue for input. There is an undeveloped
area at the extreme west end of the Wilmot Creek Retirement Community.
Some residents consider it unsightly and have asked if the area can be mowed
by the municipality, or alternatively if a strip of it along the outer edge could be
removed. The area in question is not within the confines of the SWNA but it is
valuable monarch habitat. The general consensus of the committee is that as
much of this habitat as possible should be preserved. Brian noted that many
municipalities across Canada are working with private sector partners and other
organizations to preserve habitat in marginal areas such as this and that some
are even incorporating requirements into their planning and development
documents requiring such.
On a different matter, Councillor Traill was asked if a decision has been made
concerning the plowing of SWNA trails this winter. Discussion has taken place
and costing prepared but no decision has been made at this point.
Round Table:
Kate – the family’s new puppy s has given a Pawsitive endorsement to the
nature area! Kate noted that water levels appear to have risen recently with the
heavy rainfall we have received.
Page 29
Megan – noticed lots of fishing line and related paraphernalia on the
cobblestone beach. She also advised that when she received and reviewed a
recent edition of discover Clarington, various park areas etc. were listed with
locations marked, but SWNA was not even mentioned! Councillor Traill will look
into this oversight.
Tom – frequently takes his young family to the SWNA and they are very happy
to be helping with cleanup etc. He noted that he had observed snakes and
salamanders still out and about recently. Another friend of the Nature Area had
sent photos of a barred owl to him..
Rod – noted how fortunate we are to have this little “ gem “ right in our own
backyard. Rod asked Ken about garbage pickup during the winter months. Ken
responded that some barrels would likely be removed since they could not be
accessed by municipal vehicles during the winter.
Brian – happy to see how many people are using the nature area on a regular
basis and noted that there is so much variety of things to see
Leo - echoed those sentiments about how enjoyable it is to have this area
available to the community but also noted that SWNA still seems to be a well
kept secret
Next Meeting: November 9th, 7:00 p.m.
Adjournment: moved by Leo Blindenbach, seconded by Kate Potter that the
meeting be adjourned. Carried.
Page 30
1
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Accessibility Co-ordinator at 905-623-3379 ext. 2131
Joint General Government and Planning and Development
Committees
Minutes
Date:
Time:
Location:
October 25, 2021
9:30 AM
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, J. Newman, L. Patenaude, G. Acorn, S. Brake, R.
Maciver, T. Pinn, J. Gallagher, M. Perini, R. Windle
Other Staff Present: B. Weiler, F. Langmaid, A. Burke, L. Backus, T. Gamble, S.
Parish, B. Radomski, B. Rice, K. Richardson, C. Salazar, E.
Schaefer
_____________________________________________________________________
1. Call to Order
Councillor Anderson called the meeting to order at 9:30 a.m.
2. Land Acknowledgement Statement
Councillor Zwart led the meeting in the Land Acknowledgement Statement.
3. Declaration of Interest
There were no disclosures of interest stated at this meeting.
4. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
5. Public Meetings
5.1 Public Meeting to Seek Comments on the Draft Wilmot Creek
Neighbourhood Secondary Plan
Lisa Backus, Principal Planner and Stacey McCulloch, Plan Partnership, made a
verbal presentation to accompany an electronic presentation.
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Joint Committees Minutes of October 25, 2021
2
Suspend the Rules
Resolution # JC-036-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That the Rules of Procedure be suspended to extend the Presentation for an
additional 6 minutes.
Carried
Sandra Moore, President of Wilmot Creek Homeowners' Association (WCHA)
was present to provide comments. Ms. Moore explained that the WCHA has
been involved since the beginning of the project and expressed her concerns
relating to the construction phase and entrance into the community during that
time. She stated that the residents have an issue with noise mitigation with the
new development as they are still awaiting the train whistle cessation. Ms. Moore
added that the residents are concerned with the entrance security and explained
that they support the plan and will continue to be involved in all phases of the
development.
5.1.1 PDS-052-21 Wilmot Creek Neighbourhood Secondary Plan
Resolution # JC-037-21
Moved by Mayor Foster
Seconded by Councillor Jones
That Report PDS-052-21 be received;
That the proposed Secondary Plan and Official Plan Amendment (COPA 2021-
0005) continue to be reviewed and processed;
That Staff report back to Council with a Recommendation Report; and
That all interested parties listed in Report PDS-052-21 and any delegations be
advised of Council’s direction regarding this Public Meeting report.
Carried
5.2 Public Meeting for a Proposed Plan of Subdivision and Zoning By-law
Amendment
Brandon Weiler, Senior Planner, made a verbal presentation to accompany an
electronic presentation.
Paul King, Planning and Development Consultant, was present on behalf of the
applicant. Mr. King provided an overview of the location, proposed development,
and the existing zoning of the site. He explained the planning policy framework
and noted the property is within the urban boundary, meets the PPS standard
and conforms with the Region of Durham’s Official Plan.
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Joint Committees Minutes of October 25, 2021
3
Mr. King stated that the lands are located within the build-up area of Map B of
Clarington's Urban Structure and added that the development proposal conforms
to the Built Form requirements for new neighbourhoods. He provided an
overview of the supporting studies and plans that were completed to support the
application. Mr. King displayed an aerial photo of the detailed draft plan and
thanked Members of Committee for their time.
Derek Hart, Property Owner of 686 North Street, was present regarding the
application. Mr. Hart expressed his concern regarding the driveway easement
onto his property.
5.2.1 PDS-053-21 Applications by Beach Road Villas Inc., Golf Vista Homes
Corporation and Panterra Inc. for a Draft Plan of Subdivision and Zoning
By-law Amendment to Permit 131 Residential Units in Newcastle
Resolution # JC-038-21
Moved by Councillor Zwart
Seconded by Mayor Foster
That Report PDS-053-21 be received for information only;
That Staff receive and consider comments from the public and Council with
respect to the Draft Plan of Subdivision and Zoning By-law applications; and
That all interested parties listed in Report PDS-053-21 and any delegations be
advised of Council’s decision.
Carried
The Public Meeting concluded at 10:42 a.m.
6. Presentations/Delegations
6.1 David Veenstra, St. Marys Cement Community Relations Committee Co-
Chair, and Tanya Pardy, Ruben Plaza, Yhon Downie and John Fahey, St.
Marys Cement, Regarding the St. Marys Cement Community Relations
Committee Annual Update
David Veenstra, St. Marys Cement Community Relations Committee, was
present regarding the St. Marys Cement Community Relations Committee (CRC)
Annual Report. He explained the background of the committee and what type of
information is included in the annual report. Mr. Veenstra stated that the CRC
helps find viable solutions for air quality, noise, and operations of St. Marys. He
explained that the Cedar Crest Beach erosion continues to impose on-going
challenges to residents.
John Fahey outlined the topics that the CRC committee discussed in 2021. He
stated that a Blast Liaison Committee was created to share blasting activities,
engage with the community, and added that blasting experts are brought in to
evaluate and assist in mitigating blasts.
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Joint Committees Minutes of October 25, 2021
4
Mr. Fahey explained where the air monitoring locations are and stated that they
are created to monitor and address any concerns that are submitted from
residents. He provided an overview of the 2020 St. Marys blast summ ary,
vibration levels, PM10 continuous monitoring program, PM10 HiVol Monitoring
Program, 2020 NOx emissions, and SO2 Emissions. Mr. Fahey provided an
overview of the 2020 community concerns received by St. Marys and how they
addressed those concerns. He noted the environmental improvements for the
community including the Ultimate Cell Continuous Combustion Unit (UC3) and
Alternative Low Carbon Fuel program. Mr. Fahey stated that the corporation is
committed to being carbon neutral by 2050 and noted their community
engagement. Mr. Plaza and Mr. Veenstra answered questions from Members of
Committee.
Resolution # JC-039-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That the Delegation of David Veenstra, St. Marys Cement Community Relations
Committee Co-Chair, and Tanya Pardy, Ruben Plaza, Yhon Downie and John
Fahey, St. Marys Cement, Regarding the St. Marys Cement Community
Relations Committee Annual Update, be received with thanks.
Carried Later in the Meeting, see following motion
Suspend the Rules
Resolution # JC-040-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to allow Ruben Plaza, St. Marys
Cement, to answer questions from Members of Committee.
Carried
Resolution # JC-041-21
Moved by Councillor Neal
Seconded by Mayor Foster
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #JC-039-21 for a second time.
Carried
The foregoing Resolution #JC-039-21 was then put to a vote and carried.
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Joint Committees Minutes of October 25, 2021
5
6.2 Renata Young, Regarding a Request to Move Streetlight on Harry Lee
Crescent in Bowmanville
Renata Young was present regarding a request to move a streetlight on Harry
Lee Crescent in Courtice. She presented Tom Spanidis to speak on her behalf.
Mr. Spanidis explained that Ms. Young is requesting a resolution, to relocate the
streetlight that encroaches on her property. He provided an overview of the
property development phases and stated that Ms. Young was under the
impression she purchased a house with a 3-car garage. Mr. Spanidis cited the
consultant declaration and compared drawings of the property. He explained that
Ms. Young wasn't given the correct plan and was advised that the pole was not
going to be an obstruction to the driveway. Mr. Spanidis stated that the pole was
never addressed and questioned if a home can be built knowing there is an
obstruction to the driveway and if the builder applied for a variance for the
streetlight.
Renata Young stated that she spoke to the builder and confirmed they are
reviewing the matter. She explained that she met with the developer and builder
and stated that the developer said they can move the pole, but the boulevard
would still stick out. Ms. Young noted that Mayor Foster and Councillor Hooper
visited her property and agreed the streetlight should be moved.
Suspend the Rules
Resolution # JC-042-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
Ms. Young explained that the developer didn't follow the protocols and stated that
it should be moved at their expense. She noted that the grading and boulevard
should have been changed and requested to have the streetlight relocated so
she has access to her driveway and garage.
Resolution # JC-043-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That the delegation of Renata Young regarding a Request to Move Streetlight on
Harry Lee Crescent in Bowmanville, be referred to Staff.
Carried
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Joint Committees Minutes of October 25, 2021
6
6.3 Brian Reid regarding the Application Process for the Samuel Wilmot Nature
Area Management Advisory Committee (Agenda Item 9.3.3)
Brian Reid withdrew his delegation.
The Committee recessed for their one hour scheduled break in accordance with
the Procedural By‑law.
The meeting reconvened at 1:02 p.m. with Councillor Anderson in the Chair.
6.4 Wendy Bracken regarding Provincial Review of Ontario Regulation 79/15:
Alternative Low -Carbon Fuels of the Environmental Protection Act (Agenda
Item 9.1.3)
Wendy Bracken was present regarding the Provincial Review of Ontario
Regulation 79/15 Alternative Low-Carbon Fuels of the Environmental Protection
Act. Ms. Bracken stated that there are long standing concerns that remain
unaddressed and need attention. She expressed her concerns regarding the
regulation having no limits on the number of materials used in fuel blends or on
important fuel parameters including halogen content. Ms. Bracken stated that the
regulation is a back door pass exempting industries burning garbage from
requiring a waste ECA under the Environmental Assessment Act. Ms. Bracken
added that respected environmental groups, law associations, and citizens
registered major concerns when the regulation was first released. She expressed
her concerns regarding the carbon dioxide emission intensity report, the ALCF
sample and monitoring requirements. Ms. Bracken explained that she was
disturbed to hear the comments from St. Marys regarding dioxins and furans.
She added that dioxins and furans are happ ening and displayed the reference
reports. Ms. Bracken expressed her concerns regarding O. Reg 419/05.
Suspend the Rules
Resolution # JC-044-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the delegation for an
additional 5 minutes.
Carried
Ms. Bracken explained that O. Reg. 79/15 fails to require monitoring/reporting of
GHG emissions and includes no verification mechanism. She stated that St.
Marys predicted significantly lower CO2 intensities, but the emissions were higher
in the ALCF trail. Ms. Bracken requested that Committee support Councillor
Zwart’s motion, listed on the agenda as item 9.1.3, and to include citizens in the
discussion with the Ministry. Ms. Bracken answered questions from Members of
Committee.
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6.5 Wendy Bracken regarding concerns regarding St. Marys Cement's
application to amend their current ECA to install an "Ultimate Cell
Continuous Combustion Unit" in the cement kiln in Bowmanville (ERO 019-
4320)
Wendy Bracken was present regarding St. Marys Cement's application to amend
their current ECA to install an "Ultimate Cell Continuous Combustion Unit" in the
cement kiln in Bowmanville (ERO 019-4320). She stated that the environmental
registry website is not accessible to the public and had to request information.
Ms. Bracken expressed her concerns regarding the application and how it will
promote combustion. She stated that their testing doesn't measure UC3 emission
impacts and that additional GHG emissions/impacts should also be monitored.
Ms. Bracken stated that she is concerned with the redacted information of ALCF
tonnages. She explained that the overview of ERO comments is due Friday,
October 29, 2021, and urged Staff to submit comments. Ms. Bracken noted that
she is concerned with the timing of the application and the insufficient
documentation provided.
Resolution # JC-045-21
Moved by Councillor Zwart
Seconded by Mayor Foster
That the Delegation of Wendy Bracken, regarding St. Marys Cement's application
to amend their current ECA to install an "Ultimate Cell Continuous Combustion
Unit" in the cement kiln in Bowmanville (ERO 019-4320), be referred to Staff to
submit comments to the Ministry.
Referred
See following motion
Resolution # JC-046-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Item 6.5, delegation of Wendy Bracken, regarding Concerns regarding St.
Marys Cement's application to amend their current ECA to install an "Ultimate
Cell Continuous Combustion Unit" in the cement kiln in Bowmanville (ERO 019-
4320), be considered after Item 6.7.
Carried
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6.6 Linda Gasser regarding Provincial Review of Ontario Regulation 79/15:
Alternative Low -Carbon Fuels of the Environmental Protection Act (Agenda
Item 9.1.3)
Linda Gasser was present regarding Provincial Review of Ontario Regulation
79/15 Alternative Low-Carbon Fuels of the Environmental Protection Act. Ms.
Gasser requested that the consultation challenges be considered for inclusion on
Item 9.1.3. She provided examples on the challenges of obtaining any material
from St. Marys. Ms. Gasser expressed her concerns regarding the timing of the
application and stated she was not notified of the application even though she is
registered as an interested party. She added that there are no supporting
documents on St. Marys website or indigenous consultation on the application.
Ms. Gasser suggested changes to Item 9.1.3.
6.7 Linda Gasser regarding concerns regarding St. Marys Cement's application
to amend their current ECA to install an "Ultimate Cell Continuous
Combustion Unit" in the cement kiln in Bowmanville (ERO 019-4320)
Linda Gasser withdrew her delegation regarding this matter.
Resolution #JC-045-21 was now before Committee.
Resolution # JC-045-21
Moved by Councillor Zwart
Seconded by Mayor Foster
That the Delegation of Wendy Bracken, regarding St. Marys Cement's application
to amend their current ECA to install an "Ultimate Cell Continuous Combustion
Unit" in the cement kiln in Bowmanville (ERO 019-4320), be referred to Staff to
submit comments to the Ministry.
Motion Withdrawn
Resolution # JC-047-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That the delegation of Wendy Bracken regarding St. Marys Cement's application
to amend their current ECA to install an "Unlimate Cell Continuous Combustion
Unit" in the cement kiln in Bowmanville (ERO 019-4320), be referred to Staff to
submit comments to the ERO by Friday, October 29, 2021.
Carried
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Suspend the Rules
Resolution # JC-048-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to add the delegation of Kerry
Meydam to the Agenda.
Carried
6.8 Kerry Meydam, Regarding Item 9.1.3 Provincial Review of Ontario
Regulation 79/15: Alternative Low -Carbon Fuels of the Environmental
Protection Act (Agenda Item 9.1.3)
Kerry Meydam was called upon and was not present.
7. Reports/Correspondence Related to Presentations/Delegations
8. Communications
Resolution # JC-049-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Communication Items 8.1 to 8.4, be received for information.
Carried
8.1 Minutes of the Energy from Waste - Waste Management Advisory
Committee dated September 28, 2021
Resolution # JC-050-21
That Communication Item 8.1, Minutes of the Energy from Waste - Waste
Management Advisory Committee dated September 28, 2021, be received for
information.
8.2 Minutes of the Historic Downtown Bowmanville Business Improvement
Area dated September 14, 2021
Resolution # JC-051-21
That Communication Item 8.2, Minutes of the Historic Downtown Bowmanville
Business Improvement Area dated September 14, 2021, be received for
information.
8.3 Minutes of the Ganaraska Region Conservation Authority dated September
16, 2021
Resolution # JC-052-21
That Communication Item 8.3, Minutes of the Ganaraska Region Conservation
Authority dated September 16, 2021, be received for information.
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8.4 Minutes of the Newcastle Business Improvement Area dated October 14,
2021
Resolution # JC-053-21
That Communication Item 8.4, Minutes of the Newcastle Business Improvement
Area dated October 14, 2021, be received for information.
9. Staff Reports and Staff Memos
9.1 Planning and Development Services
9.1.1 PDS-054-21 Lake Ontario Shoreline Management Plan Update
Resolution # JC-054-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report PDS-054-21 be received for information.
Carried
9.1.2 PDS-055-21 Recommendation - Additional Dwelling Units - Official Plan and
Zoning Bylaw Amendments
Resolution # JC-055-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report PDS-055-21 be received;
That the Official Plan Amendment 129 attached to PDS-055-21 as Attachment 3
be approved;
That the Zoning Bylaw Amendment attached to PDS-055-21 as Attachment 4 be
approved;
That Staff from Legislative Services present to Council a new Bylaw to replace
Bylaw 97-77 to require Additional Dwelling Units be registered with the
Municipality;
That staff approve applications for Additional Dwelling Units only after Council
approves the new Bylaw to replace Bylaw 97-77 to require Additional Dwelling
Units be registered with Municipality;
That Staff be directed to request in writing the Ministry of Municipal Affairs and
Housing review the restrictions to provide further flexibility for Additional Dwelling
Units within the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan;
That Staff monitor the implementation of these Amendments for Additional
Dwelling Units for one (1) year after approval of the Amendments and report this
monitoring to Council with any recommended changes to policies, standards, or
processes; and
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That all interested parties listed in Report PDS-055-21 and any delegations be
advised of Council’s decision.
Referred
Later in the meeting, see following motions.
Amendment:
Resolution # JC-056-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing resolution #JC-055-21 be amended by adding the following
after paragraph 3:
That Section 3.2 b and c of the proposed by-law, be amended by
replacing the words "Clarington Official Plan " with the words "Clarington
zoning by-laws".
Referred
See following motion.
Resolution # JC-057-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PDS-055-21, be referred to the November 1, 2021, Council meeting.
Carried
9.1.3 New Business - Provincial Review of Ontario Regulation 79/15: Alternative
Low-Carbon Fuels of the Environmental Protection Act (Councillor Zwart)
Resolution # JC-058-21
Moved by Councillor Zwart
Seconded by Mayor Foster
Whereas the Municipality of Clarington is one of only two communities in Ontario
where a local manufacturing facility (St. Marys Cement) has been granted
approved under Regulation 79/15 (O.Reg. 79/15) of the Environmental Protection
Act to use Alternative Low Carbon Fuel (ALCF) in place of the use of coal and
petroleum coke, the location of which is in close proximity to a municipal solid
waste thermal treatment facility;
Whereas O.Reg. 79/15 sets out eligible alternative fuel sources that include
municipal waste, exempts certain approved ALCF activities from requiring a
waste disposal Environmental Compliance Approval, and establishes limited
operational parameters for approved facilities but does not stipulate applicable air
quality monitoring or emissions control requirements;
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12
Whereas the Ministry of Environment, Conservation and Parks (MECP) recently
consulted with the public on proposed changes to O.Reg. 79/15 to make it easier
for energy-intensive industries to substitute the use of fossil fuels with ALCFs;
Whereas residents of Clarington brought forward concerns to local Council with
regard to the proposed changes to O.Reg 79/15, which were informed by their
familiarity with the application of the legislation locally; and
Whereas the MECP’s current review of O.Reg. 79/15 did not propose changes to
other components of, or potential gaps in the legislation that were a concern to
Council and area residents when consulted during St. Marys Cement’s recent
application for the expanded use of ALCFs;
Therefore, be it resolved that the Municipality of Clarington continues to support
the objective to reduce the use of fossil fuels and their associated greenhouse
gas (GHG) emissions and address climate change;
That the Municipality of Clarington respectfully requests the Provincial
Government undertake a full review of O.Reg. 79/15 under the Environmenta l
Protection Act with a view to:
Providing greater control and monitoring of fuel content and on the emissions
from approved facilities to ensure the advancement of GHG reduction is not
being achieved at the cost of impacted air quality or community health;
Ensuring the cumulative effects of proposals on communities is considered as
part of a thorough and comprehensive assessment of applications for ALCF
use; and
Providing mechanisms to monitor and verify that cumulative effects at not
occurring and a fulsome analysis to ensure GHG reductions are being
achieved by fuel switching.
That a copy of this resolution be forwarded to the Honourable David Piccini,
Minister of Environment, Conservation and Parks, MPP (Northumberland-
Peterborough South) and Lindsey Park, MPP (Durham).
Carried as Amended
Later in the meeting, see following motion.
Amendment:
Resolution # JC-059-21
Moved by Councillor Zwart
Seconded by Mayor Foster
That the foregoing Resolution #JC-059-21 be amended by adding the following:
That bullet 3 be amended by adding the word "adverse" after the words
"verify that" and replacing the word "at" with the word "are" after the word
"effects"; and
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13
That the following be added at the end, as bullet four:
Improved public awareness of proposed projects and access to
project information.
Carried Later in the Meeting, see following motion
Recess
Resolution # JC-060-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Committee recess for 5 minutes, to address technical issues.
Carried
The meeting reconvened at 2:52 p.m. with Councillor Anderson in the Chair.
Amendment to the Amendment:
Resolution # JC-061-21
Moved by Mayor Foster
Seconded by Councillor Neal
That the foregoing Resolution #JC-059-21 be amended by adding the following:
That the words "and communications" be inserted after the word
"mechanisms" and the word "publicly" be added after the words "monitor
and"; and
That the following be added to the last paragraph:
That a copy of Council's decision be forwarded to Loyalist
Township Council.
Carried
That the foregoing Resolution #JC-059-21 was then put to a vote and carried, as
amended.
Main Motion as Amended:
Resolution # JC-062-21
Moved by Councillor Zwart
Seconded by Mayor Foster
Whereas the Municipality of Clarington is one of only two communities in Ontario
where a local manufacturing facility (St. Marys Cement) has been granted
approved under Regulation 79/15 (O.Reg. 79/15) of the Environmental Protection
Act to use Alternative Low Carbon Fuel (ALCF) in place of the use of coal and
petroleum coke, the location of which is in close proximity to a municipal solid
waste thermal treatment facility;
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14
Whereas O.Reg. 79/15 sets out eligible alternative fuel sources that include
municipal waste, exempts certain approved ALCF activities from requiring a
waste disposal Environmental Compliance Approval, and establishes limited
operational parameters for approved facilities but does not stipulate applicable air
quality monitoring or emissions control requirements;
Whereas the Ministry of Environment, Conservation and Parks (MECP) recently
consulted with the public on proposed changes to O.Reg. 79/15 to make it easier
for energy-intensive industries to substitute the use of fossil fuels with ALCFs;
Whereas residents of Clarington brought forward concerns to local Council with
regard to the proposed changes to O.Reg 79/15, which were informed by their
familiarity with the application of the legislation locally; and
Whereas the MECP’s current review of O.Reg. 79/15 did not propose changes to
other components of, or potential gaps in the legislation that were a concern to
Council and area residents when consulted during St. Marys Cement’s recent
application for the expanded use of ALCFs;
Therefore, be it resolved that the Municipality of Clarington continues to support
the objective to reduce the use of fossil fuels and their associated greenhouse
gas (GHG) emissions and address climate change;
That the Municipality of Clarington respectfully requests the Provincial
Government undertake a full review of O.Reg. 79/15 under the Environmental
Protection Act with a view to:
Providing greater control and monitoring of fuel content and on the emissions
from approved facilities to ensure the advancement of GHG reduction is not
being achieved at the cost of impacted air quality or community health;
Ensuring the cumulative effects of proposals on communities is considered as
part of a thorough and comprehensive assessment of applications for ALCF
use;
Providing mechanisms and communications to monitor and publicly verify that
adverse cumulative effects are not occurring and a fulsome analysis to
ensure GHG reductions are being achieved by fuel switching; and
Improved public awareness of proposed projects and access to project
information.
That a copy of this resolution be forwarded to the Honourable David Piccini,
Minister of Environment, Conservation and Parks, MPP (Northumberland-
Peterborough South) and Lindsey Park, MPP (Durham), and Loyalist Township
Council.
Carried
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9.2 Public Works
Councillor Hooper chaired this portion of the meeting.
9.2.1 PWD-027-21 Proposed Amendment to By-law 2014-059 to allow for All-Way
Stop Signs at Various Locations
Resolution # JC-063-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PWD-027-21 be received;
That the By-law attached to Report PWD-027-21, as attachment 1, be approved;
and
That all interested parties listed in Report PWD-027-21 and any delegations be
advised of Council’s decision.
Carried
9.2.2 Memo from Stephen Brake, Director of Public Works, Regarding Samuel
Wilmot Nature Area Viewing Platform Replacement
Resolution # JC-064-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That the use of the Outdoor Recreation Miscellaneous account, to fund the
overage for the Samuel Wilmot Nature Area Viewing Platform Replacement
project, be approved.
Carried
9.2.3 New Business - Lighting at Courtice Dog Park (Councillor Jones)
Resolution # JC-065-21
Moved by Councillor Jones
Seconded by Councillor Neal
Whereas the residents of Courtice enjoy the use of the Courtice Leash Free Dog
Park and have been requesting lighting for safety and increased enjoyment of the
park especially during the winter months;
Be it resolved that Staff investigate and install lighting at the Courtice Leash Free
Dog Park with appropriate funding from the Outdoor Recreation Misc. Upgrade
Account.
Referred
Later in the meeting, see following motion.
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Resolution # JC-066-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That the foregoing Resolution #JC-065-21 be referred to the 2022 Budget
Deliberations.
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)
Later in the meeting, see following motion.
Resolution # JC-067-21
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 #JC-066-21 for a second time.
Carried
Resolution # JC-068-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #JC-066-21 be amended by replacing “the 2022
Budget Deliberations” to “the November 1, 2021, Council Meeting.”
Yes (3): Councillor Anderson, Councillor Jones, and Councillor Neal
No (3): Mayor Foster, Councillor Hooper, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (3 to 3)
The foregoing Resolution #JC-066-21 was then carried on a recorded vote.
9.3 Legislative Services
Councillor Jones chaired this portion of the meeting.
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17
9.3.1 LGS-027-21 2022 Municipal Elections – Use of Corporate Resources for
Election Purposes – Policy F110
Resolution # JC-069-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report LGS-027-21, and any related communication items, be received;
That the draft By-law containing an updated Policy F110, Use of Corporate
Services for Election Purposes, Attachments 1 & 2 to Report LGS-027-21, be
approved; and
That all interested parties listed in Report LGS-027-21 and any delegations be
advised of Council’s decision.
Carried as Amended
Later in the meeting, see following motion.
Resolution # JC-070-21
Moved by Councillor Neal
Seconded by Councillor Hooper
The foregoing Resolution #JC-069-21 be amended by adding the following after
paragraph 2:
That Policy F110, Use of Corporate Resources for Election Purposes, be
amended by adding the following to Section 5.7:
Announcements and quotations by all Members of Council, which
normally may appear in the one-page quarterly update of local
Municipal news containing Council decisions and major news
stories from the Municipality in public communications.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor
Jones, Councillor Neal, and Councillor Zwart
Absent (1): Councillor Traill
Carried on a recorded vote (6 to 0)
Main Motion as Amended:
Resolution # JC-071-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report LGS-027-21, and any related communication items, be received;
That the draft By-law containing an updated Policy F110, Use of Corporate
Services for Election Purposes, Attachments 1 & 2 to Report LGS-027-21, be
approved with the following amendment:
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That Policy F110, Use of Corporate Services for Election Purposes, be
amended by adding the following to Section 5.7:
Announcements and quotations by all Members of Council, which
normally may appear in the one-page quarterly update of local
Municipal news containing Council decisions and major news
stories from the Municipality in public communications; and
That all interested parties listed in Report LGS-027-21 and any delegations be
advised of Council’s decision.
Carried
9.3.2 LGS-028-21 Additional Dwelling Unit Registration By-law
Resolution # JC-072-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report LGS-028-21 and any related communication items, be received; and
That the By-law included as Attachment 1 to Report LGS-028-21, be approved.
Carried
9.3.3 New Business - Application Process for the Samuel Wilmot Nature Area
Management Advisory Committee (Councillor Traill)
Councillor Traill notified the Clerk's Division prior to the meeting to withdraw her
motion.
9.3.4 New Business - Jury Lands Ditching (Councillor Traill)
Councillor Traill notified the Clerk's Division prior to the meeting to withdraw her
motion.
9.3.5 New Business - Recreation Vehicle Storage (Councillor Traill)
Councillor Traill notified the Clerk's Division prior to the meeting to withdraw her
motion.
9.4 Financial Services
9.4.1 FSD-049-21 Roadmap for Community Board Sustainability
Resolution # JC-073-21
Moved by Councillor Zwart
Seconded by Mayor Foster
That Report FSD-049-21 and any related communication items, be received;
That Staff work with the hall and arena boards to determine the preferred
structure of a Municipal Services Board or a Municipal Facility and bring back to
Council the appropriate by-laws;
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19
That Staff include in the 2022 budget for consideration the costs to fund, and if
necessary, procure, winter control, grass-cutting/garden maintenance, pest
control and waste management services at the hall and arena boards;
That Council approves in principle the four-step roadmap for Community Board
Sustainability; and
That all interested parties listed in Report FSD-049-21 and any delegations be
advised of Council’s decision.
Carried
9.4.2 FSD-046-21 CL2021-18 Flett Street and Parkway Avenue Reconstruction
Resolution # JC-074-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report FSD-046-21 and any related communication items, be received;
That Coco Paving Inc. with a total bid amount of $701,136.73 (net HST Rebate)
being the lowest compliant bidder meeting all terms, conditions and
specifications of Tender CL2021-18 be awarded the contract for the work
required to complete the Flett St. and Parkway Ave. Reconstruction project;
That GHD Limited with a total bid amount of $38,261.76 (net HST Rebate) being
the lowest compliant bidder meeting all terms, conditions and specifications of
the PQ2019-1 roster process be awarded the contract for the contract
administration and inspection portion of this project;
That the total funds required for this project in the amount of $830,400.00 (net
HST rebate), which includes the construction cost of $701,136.73 (net HST
rebate); contract administration and inspection cost of $38,261.76 (net HST
rebate) and other costs such as design, material testing, and contingencies in the
amount of $91,001.51 (net HST rebate) is within the approved project budget and
will be funded as follows:
Description Account Number Amount
Parkway Ave Area Reconstruction 110-32-330-83202-7401 $285,000
Flett St. Reconstruction and
Parkway Cres Sidewalk
110-36-330-83357-7401 470,000
Sidewalk Replacement 110-36-331-83215-7401 75,400
That all interested parties listed in Report FSD-046-21 and any delegations be
advised of Council’s decision.
Carried
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9.4.3 FSD-047-21 Toyota Trail Connection - Soper Creek Trail to Bowmanville
Cemetery
Resolution # JC-075-21
Moved by Councillor Zwart
Seconded by Mayor Foster
That Report FSD-047-21 and any related communication items, be received;
That CSL Group Ltd. with a total bid amount of $767,503.53 (net HST Rebate)
being the lowest compliant bidder meeting all terms, conditions and
specifications of Tender CL2021-1 be awarded the contract for the work required
to complete the Toyota Trail Connection – Soper Creek Trail to Bowmanville
Cemetery;
That the total funds required for this project in the amount of $930,600.00 (net
HST rebate), which includes the construction cost of $767,503.53 (net HST
rebate); and other costs such as survey, design, tendering, material testing, tree
clearing, inspection and contract administration, permit fees and contingencies,
in the amount of $163,096.47 (net HST rebate) will be funded by as follows:
Description Account Number Amount
Toyota Trail – Soper Creek Trail
to Haines
110-32-325-83379-7401 $620,000
Various Erosion Protection Works 110-36-340-83437-7401 60,000
Municipal Capital Works Reserve
Fund
511-00-000-00000-7418 25,060
Development Charge – Park
Development Reserve Fund
584-00-000-00000-7418 225,540
That all interested parties listed in Report FSD-047-21 and any delegations be
advised of Council’s decision.
Carried
9.4.4 FSD-048-21 Appointment of Alternate to Audit and Accountability
Committee
Resolution # JC-076-21
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report FSD-048-21 and any related communication items, be received;
That, in accordance with the Appointment to Committee policy, Councillor Zwart
be appointed to the Audit and Accountability Committee;
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That the Terms of Reference of the Audit and Accountability Committee be
amended to add an alternate member of Council; and
That all interested parties listed in Report FSD-048-21 and any delegations be
advised of Council’s decision.
Carried
9.5 CAO Office
Mayor Foster chaired this portion of the meeting.
9.5.1 Memo from Andy Allison, Chief Administrative Officer, Regarding
Executive Recruiting Services for Recruitment of a Chief Administrative
Officer
Resolution # JC-077-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Item 9.5.1, Memo from Andy Allison, Chief Administrative Officer, Regarding
Executive Recruiting Services for Recruitment of a Chief Administrative Officer,
be referred to the November 1, 2021, Council Meeting.
Carried
10. New Business – Consideration
11. Unfinished Business
12. Questions to Department Heads/Request for Staff Report(s)
Members of Committee asked questions to the Department Heads.
Suspend the Rules
Resolution # JC-078-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the meeting until 5:00 p.m.
Carried
Resolution # JC-079-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Director of Finance/Treasurer report back on whether growth pays for
growth.
Carried
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Resolution # JC-080-21
Moved by Councillor Anderson
Seconded by Councillor Neal
That the Director of Public Works report back on how York Region paid for their
whistle cessation and how certain stops were chosen.
Carried
13. Confidential Items
13.1 Confidential Report CAO-010-21 Potential Disposition of Land
Resolution # JC-081-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That Confidential Report CAO-010-21 be received;
That recommendation 2 b be approved; and
That all interested parties listed in Report CAO-010-21 be advised of Council's
decision.
Carried
14. Adjournment
Resolution # JC-082-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the meeting adjourn at 4:48 p.m.
Carried
Page 52
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: November 1, 2021 Report Number: PDS-056-21
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: PLN 33.19 Resolution#:
Report Subject: Request for a Full Environmental Assessment for the Mixed Waste
Transfer/Pre-Sort and Anaerobic Digestion Organics Processing
Facility
Recommendations:
1. That Report PDS-056-21 and any related correspondence be received for information;
2. That Council provide direction on whether to pursue Option 1 OR Option 2 as outlined in
PDS-056-21;
3. That the necessary funding be allocated from the Tax Rate Stabilization Fund, not to
exceed $___________; and
4. That all interested parties be notified of Council’s decision.
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Municipality of Clarington Page 2
Report PDS-056-21
Report Overview
This report outlines the options and potential cost to provide the necessary information to the
Minister of Environment, Conservation and Parks with regard to Council’s request for a full
Environmental Assessment for the Mixed Waste Transfer/Pre -Sort and Anaerobic Digestor
Organics Processing Facility proposed by Durham Region within the Energy Park in South
Courtice.
1. Background
1.1 PSD-013-20 provided background on why the recommended “South Clarington” site in
Clarington’s Energy Park was not the best site and a number of comments to be
addressed by the Region on the Mixed Waste Transfer / Pre-Sort and Anaerobic
Digestion Organics Processing Facility Siting Report (GHD, March 6, 2020). The
comments were provided to the Region and the Ministry of Environment, Conservation
and Parks (MECP).
2. Request for an Environmental Assessment
2.1 Council approved Resolution #GG-244-20 on July 6-7, 2020:
That Clarington Council advise our Member of Provincial Government, Lindsey Park, of
Council’s declaration of being an unwilling host to the planned recycling plant and
anaerobic digestion proposal on Megawatt Drive;
That Council ask the Provincial Government, and our MPP, to place a ‘hold’ on the
proposed site until a full and proper Environmental Assessment (EA) can be conducted;
and
That the Minister of Environment, Conservation and Parks be requested to pass an
order prohibiting the Region of Durham from proceeding with the planned recycling plant
and anaerobic digestion facility until the EA is completed to the satisfaction of Clarington
Council.
2.2 Staff followed up with MECP as outlined in Attachment 1 to the October 18, 2021
memo, the entire memo is Attachment A.
2.3 On September 27, 2021 General Government Committee approved Resolution #GG-
457-21:
Clarington provide all necessary information to the MECP in order that they can give
due consideration to ordering an Environmental Assessment for the anaerobic digester.
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Municipality of Clarington Page 3
Report PDS-056-21
2.4 There has been ongoing communication with the MECP to gain understanding as to
what is required by the Ministry to prepare a case for presentation to Cabinet to obtain
an order for a full Environmental Assessment (EA) under the Environmental
Assessment Act. Staff have been informed that the Municipality would have to provide
clear reasoning as to why an EA is justified. An EA is not required for the proposed
Mixed Waste Transfer/Pre-Sort and Anaerobic Digestion Organics Processing Facility
under the existing Environmental Assessment Act regulations (Attachment B). The
MECP has also indicated that Clarington should include what cannot be addressed by
the Environmental Compliance Approval (ECA) process that the Region is required to
undertake, and how Durham Region has not addressed Clarington’s concerns to date.
3. Comments
3.1 An EA is about assessing undertakings and part of this particular assessment could
include a site analysis of many potential sites. They also determine what mitigation can
be implemented to address adverse effects of a proposed project at the specific
location. Clarington Council does not support the Regionally approved location of the
Pre-Sort/AD therefore requesting an EA of the project at the Energy Park location may
be counterproductive.
3.2 Having considered this dilemma, Staff are proposing two options for Council’s
consideration:
Option 1 – Formally request the project be subject to a full EA under the
Environmental Assessment Act at an alternate site; and
Option 2 – Request the Province intervene based on the Provincially Significant
Employment Zone (PSEZ) designation.
Option 1
3.3 Council could request the Minister of Environment, Conservation and Parks recommend
to Cabinet that the project be subject to the requirements of the Environmental
Assessment Act, and that the EA consider at least two alternate sites; an acceptable
location in Clarington and the existing Regional Material Recovery Facility site in Whitby
at 4600 Garrard Road.
3.4 The only study available to Staff to support this request is the Region’s Siting Study. To
build a case as to why an alternate site is a better location, a number of additional
technical studies will have to be undertaken. The Municipality would need to retain a
consultant to prepare an overall justification report. The consultant would have to
develop an argument and line of reasoning as to why the Re gionally approved South
Clarington site is not the most appropriate site. While staff have not prepared a Terms
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Municipality of Clarington Page 4
Report PDS-056-21
of Reference, environmental assessment expertise would be required in the areas of
Traffic and Transportation, Socio-Economic effects, Environmental (siting) effects, and
the overall environmental permitting (i.e. Environmental Assessment and Environmental
Compliance Approval) process.
3.5 The Municipality has not prepared EAs for facilities. Rather, the Municipality has peer
reviewed, with the assistance of consultants, EAs prepared by agencies proposing
facilities in Clarington. Recent examples include:
Peer Review of the EFW EA in 2007 at a cost of $300,000;
Peer Review of the New Nuclear New Build in 2009 at a cost of $242,000; and
Peer Review of Clarington Transformer in 2014 at a cost of $250,000.
3.6 Municipal staff have been involved in the preparation of Municipal Class Environmental
Assessments for Roadwork projects. These are typically carried out by consultants that
report to a municipal staff project manager and are in the ~$100,000 - $250,000 range
depending on size, complexity of modeling, environmental investigations, etc. Most of
the Region of Durham linear infrastructure projects (e.g. trunk sanitary sewer
extensions) range from $500,000-$1Million. Vertical infrastructure (e.g. treatment plant,
pumping station, reservoirs) can range from $1-2+Million.
3.7 Due to resource constraints and specialized expertise required, Municipal Class EA’s
are typically completed by third party consultants. The expertise to prepare an
Environmental Assessment is beyond resources and technical feasibility of municipal
staff.
Option 2
3.8 An alternate option for Council’s consideration is to direct staff to submit PSD-013-20 to
the Ministry with supporting documentation and a request the Province intervene to
protect the Provincially Significant Employment Zone (the Energy Park is part of the
“Durham South (Oshawa East and Clarington)” PSEZ) and Major Transit Station Area
(the Courtice GO Station is a MTSA) from incompatible development, which does not
meet the Prestige Employment Zoning of the Energy Park or targets for jobs and
economic return of PSEZ and MTSA areas. Consulting assistance to set out the
requirements of the provincial designations and why the Pre-Sort/AD does not meet the
intent would be necessary but could be achieved for an estimated $100,000 to $150,000
and could potentially be sole sourced from Urban Strategies, the consultant for the
Energy Park Secondary Plan.
ECA Conditions
3.9 To address the inquiry by the Minister about the pending ECA process, both options can
clearly articulate that the ECA process is not designed to address socio-economic
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Municipality of Clarington Page 5
Report PDS-056-21
impacts, in this case the anticipated loss of potential jobs over the long term and the
perception that the Energy Park is becoming a “waste cluster” and thus a less desirable
location for supply chain offices serving the energy, and in particular nuclear sectors.
Region’s Response
3.10 Clarington would need to demonstrate how the Municipality has tried to resolve our
issues with the Region. To date, the Region has not provided reasonably satisfactory
responses to the Municipality’s economic development questions. In this case staff
would outline the lack of response to requests in PSD-013-20 for an economic
development strategy and lack of progress on any property sales by the Region . There
have been no development proposal inquiries for the Region’s properties in the Energy
Park.
4. Concurrence
4.1 This Report has been reviewed by the Directors of Legislative Services, Public Works
and Financial Services who concur with the comments.
5. Recommendation
5.1 That Council provide direction on whether to pursue Option 1 OR Option 2; and allocate
the necessary funding to not exceeding $_________________from the Tax Rate
Stabilization Fund.
5.2 A subsequent report will be brought forward when a consult ing proposal for the selected
option is in hand.
Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 x2407 or
flangmaid@clarington.net
Attachments:
Attachment A – Planning and Development Services Director’s Memo of October 18, 2021
Attachment B – Waste Projects Subject to the Environmental Assessment Act
Interested Parties:
List of Interested Parties available from Department.
Page 57
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: Ryan Windle, Director, Planning and Development Services
Date: October 18, 2021
File No.: PLN 33.19
Re: Requirements to Request a Full Environmental Assessment for the
Mixed Waste Transfer/Pre-Sort and Anaerobic Digestion Organics
Processing Facility
Background
Clarington’s Unwilling Host Declaration and Siting Report comments - April 27, 2020
PSD-013-20 - provided a number of comments to be addressed by the Region on the Mixed
Waste Transfer / Pre-Sort and Anaerobic Digestion Organics Processing Facility Siting
Report (GHD, March 6, 2020). The comments were provided to the Region and the Ministry
of Environment, Conservation and Parks (MECP).
At the same time Clarington declared itself an unwilling host community to the Regional Pre-
Sort/AD Facility. Subsequently, the Region and Clarington entered into mediation regarding
Clarington’s objections to hosting the Pre-sort/AD facility under the process outlined in the
Energy from Waste Host Community Agreement.
Request for an Environmental Assessment
Council approved Resolution #GG-244-20- July 6-7, 2020
That Clarington Council advise our Member of Provincial Government, Lindsey Park, of
Council’s declaration of being an unwilling host to the planned recycling plant and anaerobic
digestion proposal on Megawatt Drive;
That Council ask the Provincial Government, and our MPP, to place a ‘hold’ on the
proposed site until a full and proper Environmental Assessment (EA) can be conducted; and
That the Minister of Environment, Conservation and Parks be requested to pass an order
prohibiting the Region of Durham from proceeding with the planned recycling plant and
anaerobic digestion facility until the EA is completed to the satisfaction of Clarington
Council.
Page 58
Page 2
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Staff followed up with MECP as outlined in Attachment 1 which is a timeline of
correspondence on this issue.
In response to the Minister’s letter of Sept 2, 2021, on Sept 27, 2021; Committee approved
Resolution #GG-457-21
Clarington provide all necessary information to the MECP in order that they can give due
consideration to ordering an Environmental Assessment for the anaerobic digester.
The letter of Sept 2, 2021 (Attachment 2) and follow-up meeting (Sept 16, 2021) with the
Minister and his staff, was further clarified by the Minister’s subsequent letter of October 5,
2021 (Attachment 3) and ongoing e-mail communications. It has been made clear that for
Clarington to request an EA of the Pre-Sort/AD Facility, Clarington will have to provide clear
reasoning as to why an EA is justified. The test that the Ministry has indicated will have to
be outlined is reasoning for Cabinet as to why this project requires an EA, when it is not
required under the existing Environmental Assessment Act regulations. In other words what
potential threat and harm to the environment will occur and why are appropriate controls
beyond what can be included in the Environmental Compliance Approval (ECA).
Staff continue to follow up with the MECP but have yet to receive the specifics of how to
submit a formal EA designation request and the type of supporting information that should
accompany the request. To date, the only study available to Staff is the siting study; we do
not have any environmental studies that we can point to say whether the Region has or has
not planned for potential impacts.
Staff anticipate that to draft a formal EA designation request, the Municipality would retain
appropriate expertise to assemble the case for an EA. To retain such expertise the
Municipality will have to prepare a terms of reference, identify a budget and carryout a
proposal call to retain a consultant or consulting team qualified in the necessary background
topics and knowledge for the various topics. The EA request would have to be assembled
into a coherent and defensible package as to how the existing information (e.g. studies) and
process followed by the Region and its consultants have not addressed the necessary
requirements which a full EA would explore (Attachment 4).
To address the inquiry by the Minister about the pending ECA process, Clarington would
also need to clearly explain why the ECA process would be inadequate for addressing what
Council believe are the outstanding concerns.
In addition, Clarington would need to demonstrate we have tried to resolve our issues with
the Region, but they have been unresponsive or have not provided reasonably satisfactory
responses.
Page 59
Page 3
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Next Steps
When Staff receive additional information from the MECP, an overall request for funding for
a consulting study will be submitted to Council.
Staff will continue to follow up on other aspects outlined in the Minister’s letter including
confidential direction that has been provided to staff.
Sincerely,
Ryan Windle, MCIP, RPP, AICP
Director of Planning and Development Services
cc: June Gallagher, Municipal Clerk
Andy Allison, CAO
Rob Maciver, Director of Legislative Services
Stephen Brake, Director of Public Works
Attachments:
Attachment 1 – Chronology of correspondence and resolutions
Attachment 2 – MECP Minister’s letter of Sept 2, 2021
Attachment 3 – MECP Minister’s letter of October 5, 2021
Attachment 4 – Assumed minimum requirements of a Full EA
Page 60
Attachment 1
Page 1
Chronology of correspondence and resolutions relating to the Region’s Pre-Sort /
Anaerobic Digestion Facility and Clarington Council’s request to the MECP for a
full EA to be undertaken:
Prepared by: Amy Burke, Senior Planner, Planning & Development Services
Last updated: October 12, 2021
2020:
Jul. 6-7, 2020 (Council)
Council approved Resolution #GG-244-20.
That Clarington Council advise our Member of Provincial Government, Lindsey Park, of
Council’s declaration of being an unwilling host to the planned recycling plant and
anaerobic digestion proposal on Megawatt Drive;
That Council ask the Provincial Government, and our MPP, to place a ‘hold’ on the
proposed site until a full and proper Environmental Assessment (EA) can be conducted;
and
That the Minister of Environment, Conservation and Parks be requested to pass an
order prohibiting the Region of Durham from proceeding with the planned recycling
plant and anaerobic digestion facility until the EA is completed to the satisfaction of
Clarington Council.
Resolution sent to Hon. Jeff Yurek, Minister of Environment, Conservation and Parks, in
a letter dated July 9, 2020 from June Gallagher. Region of Durham copied.
Aug. 26, 2020
Amy Burke and Rob Maciver met with (conference call) Gavin Battarino, Ministry of
Environment, Conservation and Parks (MECP) to discuss Resolution #GG-244-20 and
the process and information requirements for submitting a request for Environmental
Assessment designation. A summary of the discussion and comments received from
the MECP is provided in Gavin Battarino’s supplemental email, dated Sep. 23, 2020,
which appeared as correspondence on the Sep. 28, 2020 General Government
Committee (GGC) agenda (item 21.3).
Sep. 14, 2020 (Joint Committee)
Item 10.3 correspondence from Elaine Baxter-Trahair, CAO, Region of Durham, dated
July 15, 2020, in response to #GG-244-20.
Item 11.13 correspondence from Andrew Evers, Manager, Environmental Assessment
Branch, MECP, dated August 13, 2020, in response to #GG-244-20.
Items 10.3 and 11.13 were both referred to closed session at the end of the meeting.
Later in the meeting, these items along with other matters were referred to a Special
GGC meeting to be held on Sep. 21, 2020.
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Attachment 1
Page 2
Sep. 21, 2020 (Special GGC)
Items 10.3 and 11.13 referred from the Sep. 14 GGC meeting were both referred to
consideration during Closed Session of the Sep. 21 Council meeting.
Sep. 21, 2020 (Council)
Following closed session, Council approved Resolution #C-389-20
That correspondence item 14.4 from Andrew Evers, Manager, Environmental
Assessment Branch, Ministry of the Environment, Conservation and Parks, regarding
the Proposed Recycling and Anaerobic Digestion Facility, be received for information.
According to the Sep. 28, 2020 GGC minutes, the Region of Durham’s letter, dated July
15, 2020 was referred from the Sep. 21 Closed Session to the Sep. 28, 2020 GGC
meeting.
September 28, 2020 (GGC)
The unfinished business of the Region of Durham’s July 15, 2020 letter in response to
#GG-244-20 had been referred to this meeting (item 21.2).
Item 10.1 correspondence from Andrew Evers, Manager, Environmental Assessment
Branch, MECP, dated September 22, 2020, in response to the Region of Durham’s
letter of July 15, 2020.
Item 21.3 correspondence from Gavin Battarino, Special Project Officer, MECP, dated
September 23, 2020 regarding the Municipality’s EA designation request.
With respect to the above, Council referred the Region’s correspondence and MECP’s
response to the Region’s correspondence to Closed Session and then to the Oct. 13,
2020 Council meeting.
The correspondence from Gavin Battarino regarding the Municipality’s EA designation
request was received for information (#GG-335-20).
Oct. 13, 2020 (Council)
The unfinished business of the Region of Durham’s July 15, 2020 letter in response to
#GG-244-20, which had been combined with the MECP’s response to the Region of
Durham’s letter at the Sep. 28 GGC meeting, was received for information (#C-409-20).
The matter of Mixed Waste Pre-Sort and Anaerobic Digestion Project was then
considered during Closed Session and no resolutions were passed.
2021:
Sep. 2, 2021
Letter from Hon. David Piccini, Minister of Environment, Conservation and Parks to
Mayor Foster, responding to Clarington Resolution #GG-244-20 and requesting a
meeting.
Page 62
Attachment 1
Page 3
Sep. 13, 2021 (Joint Committee)
Councillor Neal brings forward as New Business (item 9.4.2) a motion that:
Clarington provide all necessary information to the MECP in order that they can give
due consideration to ordering an Environmental Assessment for the anaerobic digester.
The matter was procedurally referred to the Sep. 27, 2021 GGC meeting.
Sep. 16, 2021
Mayor Foster, Ryan Windle, Faye Langmaid and Amy Burke met with (conference call)
Minister Piccini, MECP, Deputy Minister Serge Imbrogno, Staff from the Minister’s office
and MECP Staff in response to Minister Piccini’s Sep. 2, 2021 letter. The Minister
confirmed that a sufficiently detailed written request for the Region’s Pre-Sort / AD
Facility to be subject to an EA must be submitted in order for the Minister to give
consideration. In addition, the Minister confirmed that an EA is not a requirement for the
project, and highlighted the opportunities for issue resolution and additional consultation
as part of the Environmental Compliance Approval application process for the Facility.
The Minister indicated that it was of the understanding that the proposed project aligned
with local zoning. The Minister offered to follow up with additional details on the formal
request process and information requirements, and appropriate contacts from the
Minister of Municipal Affairs and Housing to further discuss zoning-related matters.
Sep. 27, 2021 (GGC)
Committee approved Resolution #GG-457-21.
That Clarington provide all necessary information to the MECP in order that they can
give due consideration to ordering an Environmental Assessment for the anaerobic
digester.
Oct. 5, 2021
Letter from Hon. David Piccini, Minister of Environment, Conservation and Parks to
Mayor Foster, extending appreciation for the meeting held on Sep. 16, 2021, confirming
next steps for submission of a formal request that the Pre-Sort / AD Facility be made
subject to an EA, and providing appropriate contacts from the Ministry of Municipal
Affairs and Housing to further discussion matters relating to zoning.
Page 63
Ministry of the Environment,
Conservation and Parks
Office of the Minister
777 Bay Street, 5th Floor
Toronto ON M7A 2J3
Tel.: 416-314-6790
Ministère de l'Environnement,
de la Protection de la nature et des
Parcs
Bureau du ministre
777, rue Bay, 5e étage
Toronto (Ontario) M7A 2J3
Tél. : 416.314.6790
357-2021-3034
September 2, 2021
Adrian Foster
Mayor
Municipality of Clarington
Email: mayor@clarington.net
Dear Mayor Foster:
As I settle into my new role as Ontario’s Minister of the Environment, Conservation and
Parks (MECP), I have taken the time to read previous correspondence from the past
number of months. I understand that at a council meeting held on July 6-7, 2020, the
Municipality of Clarington passed a council resolution authorizing that a request be
made to MECP to require that an individual environmental assessment be completed for
Durham Region’s proposed Mixed Waste Pre-sort and Anaerobic Digestion Facility.
Subsequent to receiving the council resolution, I understand that my ministry staff
liaised with municipal staff to provide clarification on the designation request process,
and the supporting rationale and information the ministry would expect to see
accompany a formal designation request submitted by the municipality. I am advised
that to date, no formal request has been received by my ministry to designate the
project as being subject to the Environmental Assessment Act. I also understand that in
early July 2021, you contacted the ministry’s York Durham District Office to discuss this
proposal as well as the Durham York Energy Centre.
As you may be aware, the Municipality of Clarington may have tools available, such as
zoning bylaws and zoning changes to respond to community concerns with respect to
this project at the municipal level, without provincial involvement.
I understand that there has also been significant public concern regarding the potential
overall environmental impact and potential increase in activities in the area because of
the Durham York Energy Centre and the proposed Mixed Waste Pre-sort and Anaerobic
Digestion Facility. I would appreciate an opportunity to meet with you to discuss
potential options available to the Municipality and provincial government to thoroughly
consider local concerns about the project, including the potential option of requiring
Durham Region to complete an environmental assessment for the proposed project.
…2
Page 64
Mayor Adrian Foster
Page 2.
I look forward to meeting with you about this important matter, my office will be reaching
out shortly to schedule a meeting.
Sincerely,
David Piccini
Minister of the Environment, Conservation and Parks
c: Joe Neal, Regional Councillor Wards 1 and 2
Granville Anderson - Regional Councillor Wards 3 and 4
Janice Jones, Councillor Ward 1
Ron Hooper - Councillor Ward 2
Corinna Traill - Councillor Ward 3
Margaret Zwart - Councillor Ward 4
Andy Allison, CAO
Lindsey Park, MPP, Durham
Page 65
Page 66
Attachment 4
1
Assumed Minimum Requirements of a Full EA
Below are the questions proponents have to answer when completing an Environmental
Screening Process under the Environmental Assessment Act. At a minimum, Staff
anticipate Clarington would need to demonstrate in their request to the Ministry that a
number of these questions have not been answered in a satisfactorily manner by the
Region to date, and that the answer to many of them is “no” and it does not appear that
mitigation is being planned to address the negative impacts.
The questions to be addressed are:
1. Surface and Ground Water
1. cause negative effects on surface water quality, quantities or flow?
2. cause negative effects on ground water quality, quantity or movement?
3. cause significant sedimentation or soil erosion or shoreline or riverbank erosion
on or off site?
4. cause negative effects on surface or ground water from accidental spills or
releases (e.g., leachate) to the environment?
2. Land
1. cause negative effects on residential, commercial, institutional or other sensitive
land uses within 500 metres from the site boundary?
2. not be consistent with the Provincial Policy Statement, provincial land use or
resource management plans?
3. be inconsistent with municipal land use policies, plans, zoning by-laws (including
municipal setbacks)?
4. use lands not zoned as industrial, heavy industrial or waste disposal?
5. use hazard lands or unstable lands subject to erosion?
6. cause negative effects related to the remediation of contaminated land?
3. Air and Noise
1. cause negative effects on air quality due to emissions (for parameters such as
temperature, thermal treatment exhaust flue gas volume, nitrogen dioxide,
sulphur dioxide, residual oxygen, opacity, hydrogen chloride, suspended
particulates, or other contaminants)?
2. cause negative effects from the emission of greenhouse gases (e.g., carbon
dioxide, carbon monoxide, methane)?
3. cause negative effects from the emission of dust or odour?
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Attachment 4
2
4. cause negative effects from the emission of noise?
5. cause light pollution from trucks or other operational activities at the site?
4. Natural Environment
1. cause negative effects on rare (vulnerable), threatened or endangered species of
flora or fauna or their habitat?
2. cause negative effects on protected natural areas such as, ANSIs, ESAs or other
significant natural areas?
3. cause negative effects on designated wetlands?
4. cause negative effects on wildlife habitat, populations, corridors or movement?
5. cause negative effects on fish or their habitat, spawning, movement or
environmental conditions (e.g., water, temperature, turbidity, etc.)?
6. cause negative effects on locally important or valued ecosystems or vegetation?
7. increase bird hazards within the area that could impact surrounding land uses
(e.g., airports)?
5. Resources
1. result in practices inconsistent with waste studies and/or waste diversion targets
(e.g., result in final disposal of materials subject to diversion programs)?
2. result in generation of energy that cannot be captured and utilized?
3. be located a distance from required infrastructure (such as availability to
customers, markets and other factors)?
4. cause negative effects on the use of Canada Land Inventory Class 1-3, specialty
crop or locally significant agricultural lands?
5. cause negative effects on existing agricultural production?
6. Socio-economic
1. cause negative effects on neighbourhood or community character?
2. result in aesthetics impacts (e.g., visual and litter impacts)?
3. cause negative effects on local businesses, institutions or public facilities?
4. cause negative effects on recreation, cottaging or tourism?
5. cause negative effects related to increases in the demands on community
services and infrastructure?
6. cause negative effects on the economic base of a municipallity or community?
7. cause negative effects on local employment and labour supply?
8. cause negative effects related to traffic?
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Attachment 4
3
9. be located within 8 km of an aerodrome/airport reference point?
10. interfere with flight paths due to the construction of facilities with height (i.e.,
stacks)?
11. cause negative effects on public health and safety?
7. Heritage and Culture
1. cause negative effects on heritage buildings, structures or sites, archeological
sites or areas of archeological importance, or cultural heritage landscapes?
2. cause negative effects on scenic or aesthetically pleasing landscapes or views?
8. Aboriginal
1. cause negative effects on land, resources, traditional activities or other interests
of Aboriginal communities?
9. Other
1. result in the creation of non-hazardous waste materials requiring disposal?
2. result in the creation of hazardous waste materials requiring disposal?
3. cause any other negative environmental effects not covered by the criteria
outlined above?
If a response to a question indicates “Yes”, there is potential for negative environmental
effects, the proponent must provide additional information and analysis in the
Environmental Screening Report to describe those effects, identify impact management
measures (including mitigation measures) to prevent or reduce the effects, and assess
the significance of any net effects.
[Source: Guide to environmental assessment requirements for waste management
projects (MECP, March 2007)]
Page 69
Waste Projects Subject to the Environmental Assessment Act:
Requirements for waste management projects under the Environmental Assessment
Act are set out in Ontario Regulation 101/07: Waste Management Projects (O.Reg.
101/07). A companion guideline, Guide to Environmental Assessment Requirements
for Waste Management Projects (MECP, March 15, 2007), has been developed to help
interested Proponents and persons determine what environmental assessment
requirements (if any) apply to a particular waste project.
Under O.Reg. 101/07, the Ministry of the Environment, Conservation and Parks has
classified waste management projects based on the type of waste to be managed, the
size, in some cases, the ability of the planned facility to recover energy from the waste
and in the case of thermal treatment sites, the kind of fuel used in the treatment
process, in relation to environmental assessment requirements.
There are three process streams that waste management projects could fall under.
The first process stream is for major projects with the potential for significant
environmental effects, and generally includes the establishment or changes to thermal
treatment sites using specific fuel types, large landfill sites and hazardous or liquid
industrial waste management sites. These projects require the preparation of a Terms
of Reference and an individual environmental assessment. Part II of O.Reg. 101/07
describes the waste management projects that are designated by the Regulation and
thus subject to the Environmental Assessment Act.
The second process stream is for those projects which have predictable
environmental effects that can be readily mitigated. Part III of the Regulation identifies
the projects that are designated under the Environmental Assessment Act and then
exempted from meeting these requirements provided that the proponent carries out the
project in accordance with the Environmental Screening Process for Waste
Management Projects. This is a proponent driven, self-assessment process.
The third process stream is for those projects that do not require approval under
the Environmental Assessment Act, and are not designated as being subject to the
requirements of the Act in the Waste Management Projects Regulation. Although
projects in this category are not required to meet the Environmental Assessment Act,
they are required to comply with any other applicable existing legislative requirements.
The types of facilities in this process stream are those which are expected to have
minimal environmental effects. Section 22 describes the projects that are exempted
from the Environmental Assessment Act.
In accordance with subsection 11(1)4 of O. Reg. 101/07 the establishment of a new
waste disposal site at which waste would be handled, treated or processed and that
would transfer less than 1,000 tonnes of waste per day for final disposal does not trigger
provincial environmental assessment requirements. These facilities are not designated
by the Act.
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MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: Ryan Windle, Director of Planning and Development Services
Date: October 29, 2021
File No.: COPA2021-0003 & ZBA2021-0011
Re: Staff report PDS-055-21, Additional Dwelling Units
Staff report PDS-055-21 recommends Official Plan and Zoning Bylaw Amendments to
increase permissions for Additional Dwelling Units (ADUs) in the Municipality. The purpose
of these Amendments is to increase the supply of affordable housing units in Claringt on.
This memo outlines the topics raised by Councillors at the meeting.
1. Applicability in Environmental Protection lands
When the report came up for discussion, a motion (JC-056-21) was put forth to replace the
words “Official Plan” with the words “Zoning Bylaw” in Sections 3.2 b. and 3.2 c. of the
recommended amendment to Zoning Bylaw 84-63. This would have the effect of prohibiting
ADUs from lands currently zoned Environmental Protection rather from lands designated
Environmental Protection Area in the Official Plan.
The proposed Amendment would then be:
3.2 b. Notwithstanding 3.2 a., additional dwelling units are not permitted within
the Environmental Protection Area or Hazard Land, including the Regulatory
Shoreline Area, as identified in the Clarington Official Plan Zoning Bylaw.
3.2 c. Notwithstanding 3.2 a., additional dwelling units are only permitted within
single detached dwellings or accessory buildings that existed on (or where
building permits were issued prior to) July 1, 2017 , for lands within the
Protected Countryside within the Greenbelt Plan, if located outside of the
Environmental Protection Area or Hazard Land, including the Regulatory
Shoreline Area as identified in the Clarington Official Plan Zoning Bylaw.
The Provincial Policy Statement, Greenbelt Plan, Oak Ridges Moraine Conservation Plan,
and Growth Plan all include prohibitions or restrictions on development within a variety of
natural heritage features, floodplains and other hazards. Depending on what and where the
natural feature is, vegetated protection zones are also required as a buffer between
development and natural features.
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The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
The Regional Official Plan and the Clarington Official Plan implement these legislated
Provincial policies and the Municipality is required to implement Provincial requirements to
not allow development within natural areas.
Since Zoning Bylaw 2005-109 is up to date with Provincial and Regional requirements, the
recommended Amendments to permit and regulate ADUs within the Oak Ridges Moraine
simply states which zones ADUs are allowed within: Rural Settlement One (RS1) and Prime
Agricultural (A).
However, Zoning Bylaw 84-63 is not up to date and so the Amendments to implement ADUs
need to refer the Official Plan to be in conformity with Provincial and Regional requirements.
If the Amendments to allow ADUs only restricted them from lands currently zoned
Environmental Protection, it would not be in conformity with Regional requirements or
legislated Provincial policies.
As a point of clarification, recommended Sections 3.2 b. and 3.2 c of Zoning Bylaw 84-63
are not referring to mapping (schedules) in the Official Plan. Instead, they are referring to
how the Environmental Protection Area, Hazard Land, and Regulatory Shoreline Area are
defined and described in the text the Official Plan. By not referring to the maps in the Official
Plan, staff and applicants for ADUs are given the opportunity to determine the limits of
natural features and their associated buffers on a case-by-case basis.
Staff cannot support the proposed changes to the Amendments as it contravenes both
Provincial and Regional policies and regulations designed to protect human health and the
natural environment.
Should Council proceed with eliminating the regulations to protect the natural environment, it
risks appeal from the Province further delaying the provision of affordable housing in the
community.
2. Costs for Constructing an ADU
As detailed in Schedule A of the Fee Bylaw (Bylaw 2010-142), the application fee for a new
“apartment-in-house” is $230. While this fee has seen minor increases year-over-year, the
intention of keeping the fee low is to encourage property owners to register apartments and
have them conform to zoning, the Ontario Building Code, and the Ontario Fire Code.
Regarding development charges (DCs), based on the Ontario Development Charges Act,
when adding ADUs:
• On a lot with an existing single detached dwelling, DCs are not charged for the
second or third unit (one of which must be in an accessory building);
• On an empty lot, DCs are not charged for the second unit. DCs would be charged for
the main and third unit.
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The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
o However, if the third unit were added after the main and second unit, DCs
would not be charged for the third unit.
• On a lot with an existing semi-detached or townhouse dwelling, DCs are not charged
for the second unit. DCs would be charged for the third unit.
3. Duplex and ADUs
A “Duplex” is two dwelling units in one building on one lot; in this instance, only one ADU
would be allowed in an accessory building. In no case would three units in one building be
allowed without the property being zoned to permit a “Triplex.”
4. Parking Requirements
The recommended Zoning Bylaw Amendment requires one parking space for each ADU. As
part of the applications for the required building permit for and registration of the ADU, the
applicant must satisfy the Municipality that parking for all units is provided.
Best regards,
Ryan Windle
cc. Andy Allison, CAO
Department Heads
Mark Jull
Lisa Backus
Carlos Salazar
Page 73
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-083
Being a By-law to exempt a certain portion of Registered Plan 40M-2615 from
Part Lot Control
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Lots 166, 167, 168, 169, 170 and 171, Plan
40M-2615 registered at the Land Titles Division of W hitby (File # ZBA2021-0019);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those
lands described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipa lity
of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
Lots 166, 167, 168, Plan 2615, being Parts 1-6, 40R-31431 and Lots 169, 170
and 171, Plan 40M-2615, being Parts 1-6, Plan 40R-31432.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be
in force for a period of two (2) years ending on November 1, 2023.
Passed in open session this 1st day of November, 2021
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 74
Memo
Planning and Development
Services Department
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Please be advised that the Director of Planning and Development SErvices has
approved the referenced application for Exemption of Part Lot Control submitted by
Bowmanville Lakebreeze West Village Ltd. A copy of the approval letter is attached.
The subject lots were draft approved and zoned for semi-detached dwellings as part of
previous applications (S-C-2013-0002 and ZBA 2013-0028) See Key Map below.
The passing of this By-law to exempt lands from Part Lot Control does not have the
effect of adding units or modifying the intent of the original development applications.
Building Permits for these semi-detached dwellings have been issued, construction is
underway and closings are imminent.
As such, please forward the attached By-law to exempt the Part Lot Control to Council
for approval.
Once approved by Council, please forward the approved by-law and the attached Unit
Type and Number Summary Table to the Regional Municipality of Durham and the
Municipal Property Assessment Corporation (MPAC), applicant and agent.
Thank you.
Ryan
/tg
cc: Anne Taylor Scott, Principal Planner
Attachment
To: June Gallagher, Municipal Clerk
From: Ryan Windle, Director of Planning and Development Services
Date: October 28, 2021
Subject: By-Law to Exempt Part Lot Control
Applicant: Bowmanville Lakebreeze West Village Ltd.
File: ZBA2021-0019
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