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HomeMy WebLinkAbout2021-11-08Clarington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: November 8, 2021 Time: 9:30 a.m. Location: Council Members (in Chambers or MS Teams) I 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, J. Newman, L. Patenaude, G. Acorn, S. Brake, R. Maciver, T. Pinn, J. Gallagher, R. Windle, M. Perini 1. Call to Order Mayor Foster called the meeting to order at 9:30 a.m. 2. Land Acknowledgement Statement Councillor Hooper 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. Recess Resolution # GG-481-21 Moved by Councillor Traill Seconded by Councillor Hooper That the Committee recess for 5 minutes to address technical issues related to the livestream audio. Carried The meeting reconvened at 9:42 a.m. with Mayor Foster in the Chair. 1 General Government Committee Minutes November 8, 2021 5. Presentations/Delegations 5.1 Maureen Campbell, Regarding Snow Clearing on Sidewalks on Concession Road 3, Bowmanville, near Keeler Crescent Maureen Campbell was present regarding snow clearing on sidewalks on Concession Road 3, Bowmanville. Ms. Campbell expressed her concerns regarding snow clearing and the implementation of the by-law. She explained that she received a letter from the Public Works Department, which stated the municipality would no longer be clearing the sidewalk along her house, on Concession Road 3. Ms. Campbell stated that she does not have a driveway on Concession Road 3 and that the sidewalk beside her house isn't bordering her property. She added that the sidewalk is solely used by the neighborhood, dog walkers, students, and people going to the church. Ms. Campbell noted that the roads are getting busier which makes it harder to clear the snow. She expressed her concerns regarding the timeline of the letter, as it is during a pandemic and is now too late to apply, for the Senior Snow Clearing Program. She requested that this matter be reviewed and reversed as she does not have a large home and the Concession Road 3 section is more than triple the sidewalk she has. Ms. Campbell answered questions from Members of Committee. Resolution # GG-482-21 Moved by Councillor Neal Seconded by Councillor Hooper That Item 5.1, Delegation of Maureen Campbell, Regarding Snow Clearing on Sidewalks on Concession Road 3, Bowmanville, near Keeler Crescent, be referred to Staff. Carried 5.2 Jury Lands Ditching Resolution 5.2.1 Delegation of Bernice Norton, ACO Clarington Branch President, Regarding New Business Item 5.2.1, Jury Lands Ditching Bernice Norton, ACO Clarington Branch President, was present regarding Jury Lands Ditching. Ms. Norton explained that the ditch along the west side of Lambs Road has been very busy with vehicular traffic. She expressed her concerns regarding the safety of residents walking along the trails and noted a few incidents of residents almost being hit. Ms. Norton stated that the summer months are the busiest and stated that ditching and creating a berm with boulders will decrease the vehicular traffic. She concluded by answering questions from Members of Committee. 5.2.2 Correspondence from Marilyn Morawetz, Jury Lands Foundation Board - Jury Lands Ditching Resolution 2 General Government Committee Minutes November 8, 2021 5.2.3 New Business - Jury Lands Ditching (Councillor Traill) Resolution # GG-483-21 Moved by Councillor Traill Seconded by Councillor Anderson Whereas while negotiations and the Official Plan Amendment proceed, trespassing continues at the Jury Lands site; And whereas vehicular and All -Terrain Vehicle access to the site are causing damage; And whereas the Jury Lands Foundation believes that ditch within the municipal road allowance along Lambs Road and a berm constructed with material from the ditch will stop vehicular and ATV access to the site, and discourage trespassing from this boundary; And Whereas Clarington Council wishes to take any and all steps to preserve the integrity of the Jury Lands site pending a final resolution of the outstanding issues with the owners; Now therefore be it resolved that Clarington Staff immediately clear the ditch of debris along Lamb's Road and that the clearance be prioritized; That the cost of enhancing the existing ditch along Lambs Road within the municipal road allowance and construction of a berm with materials extracted from the ditch be referred to the 2022 budget; and That the cost of placing boulders to prevent vehicular access also be referred to the 2022 budget. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Neal, and Councillor Traill No (2): Councillor Jones, and Councillor Zwart Carried on a recorded vote (5 to 2) 6. Reports/Correspondence Related to Presentations/Delegations 3 General Government Committee Minutes November 8, 2021 7. Communications 7.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Proposed Study of the Current Policy/Practice for Streetlighting on Regional Roads (2021-W-36) Resolution # GG-484-21 Moved by Councillor Hooper Seconded by Councillor Anderson That Communication Item 7.1, from Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Proposed Study of the Current Policy/Practice for Streetlighting on Regional Roads (2021-W-36), be endorsed by the Municipality of Clarington; and That a funding source for Clarington's share of the study (approximately $25 K), be funded at the discretion of the Director of Finance/Treasurer. Carried 7.2 Minutes of the Ganaraska Region Conservation Authority dated October 21, 2021 Resolution # GG-485-21 Moved by Councillor Zwart Seconded by Councillor Neal That Communication Item 7.2, Minutes of the Ganaraska Region Conservation Authority dated October 21, 2021, be received for information. Carried 8. Staff Reports, Staff Memos and New Business Consideration 8.1 Public Works Councillor Hooper chaired this portion of the meeting. Resolution # GG-486-21 Moved by Mayor Foster Seconded by Councillor Zwart That Items 8.1.1 and 8.1.2, be approved on consent in accordance with the agenda. Carried 12 General Government Committee Minutes November 8, 2021 8.1.1 PWD-028-21 Northglen West Phase 6 Subdivision, Plan 40M-2578 Assumption By -Law Resolution # GG-487-21 That Report PWD-028-21 be received; and That the draft By-law, assuming certain streets within Plan 40M-2578, Attachment 1, be approved; and That all interested parties listed in Report PWD-028-21 and any delegations be advised of Council's decision. 8.1.2 PWD-029-21 Northglen West Phase 7 Subdivision, Plan 40M-2579 Assumption By -Law Resolution # GG-488-21 That Report PWD-029-21 be received; and That the By-law assuming certain streets within Plan 40M-2579, Attachment 1, be approved; and That all interested parties listed in Report PWD-029-21 and any delegations be advised of Council's decision. 8.1.3 Memo from Stephen Brake, Director of Public Works, Regarding Information Regarding Recent Train Whistle Cessation Projects within the Greater Toronto Area Resolution # GG-489-21 Moved by Councillor Traill Seconded by Councillor Anderson That Item 8.1.3, Memo from Stephen Brake, Director of Public Works, Regarding Information Regarding Recent Train Whistle Cessation Projects within the Greater Toronto Area, be received for information. 8.2 Legislative Services Councillor Jones chaired this portion of the meeting. 8.2.1 LGS-029-21 Snow Clearing Resolution # GG-490-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report LGS-029-21 and any related communication items, be received; and That the By-law attached to Report LGS-029-21, as attachment 1, be approved; Carried 5 General Government Committee Minutes November 8, 2021 8.2.2 LGS-030-21 Review of Boards and Committees Appointment Policy Resolution # GG-491-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report LGS-030-21, and any related correspondence, be received; That the draft Appointment to Boards and Committees Policy (Attachment 1 to Report LGS-030-21) be approved, replacing the current Policy; and That all interested parties listed in Report LGS-030-21, and any delegations, be advised of Council's decision. Carried as Amended Later in the Meeting See following motion. Amendment: Resolution # GG-492-21 Moved by Councillor Neal Seconded by Mayor Foster That the foregoing Resolution #GG-491-21 be amended by adding the following: That the policy be amended by changing Section 6 of the proposed policy from: The appointment shall be ratified by Council. to The appointment recommendation shall either (i) be ratified at Council; or (ii) if pulled at Council, the vote shall proceed in the same manner as if the vote were taking place at Committee. Carried Main Motion as Amended: Resolution # GG-493-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report LGS-030-21, and any related correspondence, be received; That the draft Appointment to Boards and Committees Policy (Attachment 1 to Report LGS-030-21) be amended by changing Section 6 from: "The appointment shall be ratified by Council." to n General Government Committee Minutes November 8, 2021 "The appointment recommendation shall either (i) be ratified at Council; or (ii) if pulled at Council, the vote shall proceed in the same manner as if the vote were taking place at Committee"; That the policy, as amended, replacing the current policy, be approved; and That all interested parties listed in Report LGS-030-21, and any delegations, be advised of Council's decision. Carried 8.2.3 New Business -Council Member Vaccine Disclosure (Mayor Foster) Resolution # GG-494-21 Moved by Mayor Foster Seconded by Councillor Hooper Whereas the Durham Region Medical Officer of Health and the Durham Region Health Department have encouraged employers to implement a workplace vaccination policy to maintain a safe work environment for their workers and members of the public; And Whereas Clarington has established a Workplace COVID-19 Vaccine Policy (Policy H37); And Whereas all employees, including full-time, part-time, temporary, contract, casual, and students, are required to comply with Policy H37; And Whereas Members of Council are also physically present and active in the workplace including, the Municipal Administrative Centre, and other Clarington facilities; Now therefore be it resolved that the Mayor and Members of Council shall disclose, and provide proof of their COVID-19 vaccination status, to the Manager of Human Resources, on or before November 23, 2021, using the form provided under Policy H37, and shall comply with Policy H37 in the same manner as Municipal employees. Carried as Amended Later in the Meeting See following motion. 7 General Government Committee Minutes November 8, 2021 Amendment: Resolution # GG-495-21 Moved by Councillor Neal Seconded by Councillor Traill That the foregoing Resolution #GG-494-21 be amended by adding the following at the end: "failing which, the Member of Council will not be permitted to enter municipal facilities." Carried Main Motion as Amended: Resolution # GG-496-21 Moved by Mayor Foster Seconded by Councillor Hooper Whereas the Durham Region Medical Officer of Health and the Durham Region Health Department have encouraged employers to implement a workplace vaccination policy to maintain a safe work environment for their workers and members of the public; And Whereas Clarington has established a Workplace COVID-19 Vaccine Policy (Policy H37); And Whereas all employees, including full-time, part-time, temporary, contract, casual, and students, are required to comply with Policy H37; And Whereas Members of Council are also physically present and active in the workplace including, the Municipal Administrative Centre, and other Clarington facilities; Now therefore be it resolved that the Mayor and Members of Council shall disclose, and provide proof of their COVID-19 vaccination status, to the Manager of Human Resources, on or before November 23, 2021, using the form provided under Policy H37, and shall comply with Policy H37 in the same manner as Municipal employees, failing which, the Member of Council will not be permitted to enter municipal facilities. Carried 8.3 Financial Services Councillor Neal chaired this portion of the meeting. n. General Government Committee Minutes November 8, 2021 8.3.1 FSD-050-21 2022 Interim Tax Levy Resolution # GG-497-21 Moved by Councillor Zwart Seconded by Mayor Foster That Report FSD-050-21 and any related communication items, be received; That the By-law attached to Report FSD-050-21, as attachment 1, be approved; and That all interested parties listed in Report FSD-050-21 and any delegations be advised of Council's decision. Carried 8.4 CAO Office Mayor Foster chaired this portion of the meeting. 8.4.1 Memo from Andy Allison, CAO, Regarding COVID Support for Hall/Arena Boards Resolution # GG-498-21 Moved by Councillor Hooper Seconded by Councillor Zwart That Item 8.6.1, Memo from Andy Allison, CAO, Regarding COVID Support for Hall/Arena Boards, be received for information. Carried Recess Resolution # GG-499-21 Moved by Councillor Neal Seconded by Councillor Zwart That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:16 a.m. with Mayor Foster in the Chair. 9 General Government Committee Minutes November 8, 2021 9. Unfinished Business 9.1 LGS-027-21 2022 Municipal Elections - Use of Corporate Resources for Election Purposes - Policy F110 (Referred from the November 1, 2021 Council Meeting) Resolution # GG-500-21 Moved by Councillor Neal Seconded by Councillor Zwart 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 motions. Amendment: Resolution # GG-501-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #GG-500-21 be amended by replacing recommendation two with the following: That the redlined policy, attached to the November 8, 2021, General Government Committee agenda, be approved. Carried as Amended, see following motion 10 General Government Committee Minutes November 8, 2021 Amendment to the Amendment: Resolution # GG-502-21 Moved by Mayor Foster Seconded by Councillor Zwart That the foregoing Resolution #GG-501-21 be amended by adding the following at the end: That the redlined Policy, attached to the November 8, 2021, General Government Committee agenda, be amended by removing Section 5.8 (ii) emailed communications from the Municipality, as official statements from the Municipality, including media inquiries; and That the appropriate sections be renumbered. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried (4 to 3) The foregoing Resolution #GG-501-21 was then put to a vote and carried. Main Motion as Amended: Resolution # GG-503-21 Moved by Councillor Neal Seconded by Councillor Zwart 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 and 2 to Report LGS-027-21, be approved with the following amendments to Policy F110; That the redline Policy F110, Use of Corporate Resources for Election Purposes, attached to the November 8, 2021, General Government Committee Agenda, be approved, with the exception of the following Section: (ii) emailed communications from the Municipality, as official statements from the Municipality, including media inquiries; and That all interested parties listed in Report LGS-027-21 and any delegations be advised of Council's decision. Carried 10. Questions to Department Heads/Request for Staff Report(s) Mayor Foster chaired this portion of the meeting. 11 General Government Committee Minutes November 8, 2021 11. Confidential Items 11.1 Confidential Memo from Rob Maciver, Director of Legislative Services/Municipal Solicitor regarding Anaerobic Digester — Mediation Update Suspend the Rules Resolution # GG-504-21 Moved by Councillor Neal Seconded by Councillor Anderson That the scheduled one hour lunch break be delayed for 30 minutes until 12:30 p.m. Carried Closed Session Resolution # GG-505-21 Moved by Councillor Neal Seconded by Councillor Hooper That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing matters that deal 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 12:30 p.m. 12 General Government Committee Minutes November 8, 2021 Suspend the Rules Resolution # GG-506-21 Moved by Councillor Anderson Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes. Carried Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution # GG-507-21 Moved by Councillor Neal Seconded by Councillor Jones That a Special Planning and Development Committee meeting be held to further discuss Item 11.1, Anaerobic Digester - Mediation Update. Carried 12. Adjournment Resolution # GG-508-21 Moved by Councillor Hooper Seconded by Councillor Zwart That the meeting adjourn at 12:33 p.m. Carried 13