HomeMy WebLinkAbout2022-01-24Clarington
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Council Minutes
Date: January 24, 2022
Time: 6:30 p.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, G. Acorn, S. Brake, F. Langmaid, R. Maciver, T. Pinn,
M. Chambers, J. Gallagher, R. Windle, M. Perini
1. Call to Order
Mayor Foster called the meeting to order at 6:30 pm
2. Moment of Reflection
Councillor Anderson led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Anderson recited the Land Acknowledgement Statement.
4. Declaration of Interest
There were no disclosures of interest stated at this meeting.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meetings
6.1 Minutes of a regular meeting of Council dated December 13, 2021
6.2 Minutes of a special meeting of Council dated December 20, 2021
6.3 Minutes of a special meeting of Council dated January 6, 2022
6.4 Minutes of a special meeting of Council dated January 17, 2022
Cladyiwn
January 24, 2022
Council Minutes
Resolution # C-007-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of a regular meeting dated December 13, 2021, be approved;
That the minutes of a special meeting dated December 20, 2021, be approved;
That the minutes of a special meeting dated January 6, 2022, be approved; and
That the minutes of a special meeting dated January 17, 2022 be approved.
Carried
7. Presentations / Delegations
7.1 Jill Richardson and Melodie Zarzeczny, Durham Hospice Clarington -
Proceeds of the Mayor's Golf Classic
Mayor Foster virtually presented a cheque in the amount of $25,240.80 to Jill
Richardson and Melodie Zarzeczny of Durham Hospice- Clarington representing
the proceeds of the 2021 Mayor's Golf Classic. Ms. Richardson and Ms. Zarzeczny
thanked Mayor Foster and provided an update on the fundraising initiative of
Durham Hospice - Clarington. Ms. Zarzeczny noted that donations can be made at
www.durhamregionhospice.ca by selecting the Clarington location.
7.2 Michael May, Delta Urban Inc. regarding Item 12.1 - Farewell Heights
Secondary Plan Resolution #C-413-21, previously adopted by Council on
December 13, 2021
Michael May, Delta Urban Inc. was present regarding Item 12.1 - Farewell Heights
Secondary Plan Resolution #C-413-21, previously adopted by Council on
December 13, 2021. Mr. May acknowledged the importance of the Courtice
Waterfront & Energy Park Secondary Plan for the Municipality of Clarington. He
requested that Council not support the motion and continue with the
commencement and initiation of the Farewell Heights Secondary Plan for the
following reasons:
Through Resolution #C-413-21, the Farewell Heights Landowners Group
have met the threshold (minimum 75% of participating area), as well as other
requirements included in the Clarington Official Plan (Policy 23.3);
2. The Farewell Heights Landowners Group are committed to funding 100% of
the Secondary Plan costs including staffing resource financial obligations for
existing staffing positions within Community Planning and Design;
3. The Farewell Heights Secondary Plan is the last Secondary Plan to be
initiated within the Municipality of Clarington;
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4. Delaying the commencement of the Farewell Heights Secondary Plan is
contrary to the Province's invitation to participate in the Streamline
Development Approval Fund, where the Municipality of Clarington is eligible
to receive up to $1,000,000 of financial support from the Ministry of Municipal
Affairs and Housing to streamline development approvals and unlock
housing supply. (Item 10.1 of the Council Agenda for January 24, 2022); and
5. Our understanding of the current workplans for the Courtice Waterfront &
Energy Park Secondary Plan and the initiation of the Farewell Heights
Secondary Plan, there are minimum overlaps in staffing resource
requirements and no envisioned conflicts with the two public consultation
programs.
Mr. May concluded by requesting that Council maintain its position established by
Resolution #C-413.21 and that the Farewell Heights Secondary Plan continue to
proceed. He answered questions from the Members of Council.
7.3 Kirk Kemp regarding Item 12.1 - Farewell Heights Secondary Plan Resolution
#C-413-21, previously adopted by Council on December 13, 2021
Kirk Kemp was present regarding Item 12.1 - Farewell Heights Secondary Plan
Resolution #C-413-21, previously adopted by Council on December 13, 2021. Mr.
Kemp explained to the Members of Council that he supports the Energy Park and
Courtice Waterfront Secondary Plans moving forward. He believes this will provide
additional jobs, provide additional housing and will allow for a diversified waterfront
park. Mr. Kemp feels that the Farewell Heights and Energy Park and Courtice
Waterfront Secondary Plans can both be worked on at the same time. He added
that he has faith in the Staff of the Municipality of Clarington to be able to move
forward on both projects at the same time. Mr. Kemp requested that Staff work with
the Conservation Authority on certain issues to help advance the Secondary Plan
for the Courtice Waterfront Park. He concluded by stating that he believes
advancing both Secondary Plans will make Clarington a better place to work, live
and play.
Alter the Agenda
Resolution # C-008-22
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Agenda be altered to consider Item 12.1 - Farewell Heights Secondary
Plan Resolution #C-413-21, previously adopted by Council on December 13, 2021,
at this time.
Carried
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January 24, 2022
Council Minutes
Resolution # C-009-22
Moved by Councillor Neal
Seconded by Councillor Jones
That, in accordance with subsection 10. 12.18 of the Procedural By-law, the
Resolution #C-413.21, regarding the Farewell Heights Secondary Plan, previously
adopted by Council on December 13, 2021 be amended to add the following words
to the end of the second Paragraph, which reads "That Planning and Development
Services staff be authorized to commence the preparation of the Farewell Heights
Secondary Plan":
"upon the adoption by Council of the Energy Park and Courtice Waterfront
Secondary Plan."
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, see following motions (3 to 4)
Councillor Neal raised a Point of Order as he believed Mayor Foster was debating
while in the Chair. Mayor Foster disagreed and stated that he was not debating the
issue. Councillor Neal challenged the ruling of the Chair.
The question "Will the ruling of the Chair be sustained?" was put to a recorded vote
and carried.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwa rt
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried (4 to 3)
The Ruling of the Chair was sustained.
The foregoing Resolution #C-009-22 was lost on a recorded vote.
8. Reports/Correspondence Related to Presentations/Delegations
9. Consideration of Minutes
9.1 Advisory Committee Minutes
9.1.1 Minutes of the Accessibility Advisory Committee dated September 8, October
6 and November 3, 2021
9.1.2 Minutes of the Clarington Diversity Committee dated November 25 and
December 16, 2021
9.1.3 Minutes of the Agricultural Advisory Committee dated December 9, 2021
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Council Minutes
9.2.1 Minutes of the General Government Committee Meeting dated January 10,
2022
Resolution # C-010-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Advisory Committee Report Items 9.1.1 to 9.1.3, be approved.
Carried
9.2 Standing Committee Minutes
Resolution # C-011-22
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the recommendations contained in the General Government Committee
Minutes of January 10, 2022 be approved on consent, with the exception of items
9.1, 8.3.1, 8.5.2, 8.5.3 and 9.2.
Carried
9.2.1.2 Proposed Motion - Bennett and Cobbledick Rail Crossing (Item 9.1)
Resolution # C-012-22
Moved by Councillor Anderson
Seconded by Councillor Traill
That the required funding to begin work in 2022 on grade level crossing
improvements to permit whistle cessation be referred to the 2022 budget
deliberations.
That the Bennett Road improvements begin as soon as possible and be funded to
an upward limit of $175,000 (including contingencies) with the funds for the
Cobbledick Road work to be determined once a decision is made by the Federal
Government on the RISP grant.
Referred
Resolution # C-013-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #C-011-22 for a second time.
Carried
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Resolution # C-014-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Resolution #C-012-22 regarding grade level crossing improvements to permit
whistle cessation be referred to the February 7, 2022, Joint General Government
and Planning and Development Committees meeting.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, and Councillor Traill
No (1): Councillor Zwart
Carried on a recorded vote (6 to 1)
Recess
Resolution # C-015-22
Moved by Councillor Neal
Seconded by Councillor Jones
That the Council recess for 5 minutes.
Carried
The meeting reconvened at 8:13 pm with Mayor Foster in the Chair.
Item 8.3.1 - Report CSD -001-22 - Future Indoor Recreation Facility at the
Garnet B. Rickard Recreation Complex Site
Resolution # C-016-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Report CSD -001-22, regarding the Future Indoor Recreation Facility at the
Garnet B. Rickard Recreation Complex Site, be referred back to Staff to consider
the cost of a twin pad arena and a pool at the South Bowmanville site, to be
considered as part of the 2022 Budget.
Carried
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Council Minutes
Item 8.5.2 - Report FSD-002-22 - 2022 COVID-19 Property Tax Deferral
Program
Resolution # C-017-22
Moved by Councillor Neal
Seconded by Councillor Hooper
That Report FSD-002-22 and any related communication items, be received;
That the Director of Financial Services/Treasurer be directed to re-establish the
COVID-19 Property Tax Deferral Program allowing a deferral of taxes, interest and
penalty free, to qualifying taxpayers for a period of up to sixty days for the first six
months of the 2022 taxation year; and
That all interested parties listed in Report FSD-002-22 and any delegations be
advised of Council's decision.
Carried
Item 8.5.3 — Report FSD-003-22 - Obtaining Valuation of Elexicon Investment
Resolution # C-018-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Report FSD-003-22 and any related communication items, be received;
That Staff be directed to procure the services of a business valuator for the
purposes of determining an En Bloc Fair Market Value of the equity of Elexicon
Corporation provided that the cost is equally shared between the Town of Ajax,
Town of Whitby and the City of Belleville; and
That all interested parties listed in Report FSD-003-22 and any delegations be
advised of Council's decision.
Carried
Item 9.2 - Anaerobic Digestor Environmental Assessment
Resolution # C-019-22
Moved by Councillor Neal
Seconded by Councillor Zwart
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.
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Yes (4): Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor
Traill
No (3): Mayor Foster, Councillor Hooper, and Councillor Zwart
Carried on a recorded vote (4 to 3)
9.2.1.1 Correspondence dated February 12, 2021 from Patrick McNeil, Chair, Board of
Directors, Elexicon Corporation regarding a Response to a Request for
Additional Information - Item 8.5.3 - FSD-003-22 Obtaining Valuation of
Elexicon Investment)
Item 9.2.1.1 was considered as part - Item 8.5.3 - Report FSD-003-22 - Obtaining
Valuation of Elexicon Investment.
9.2.1.3 Correspondence from David Bouma, Chair, Newcastle Memorial Arena Board
regarding Item 8.3.2 - CSD -002-22 Orono Arena and Newcastle Memorial
Arena Renovations
Item 9.2.1.3 was considered as part of Item 8.3.2 — Report CSD -002-22 - Orono
Arena and Newcastle Memorial Arena Renovations.
9.2.2 Minutes of the Planning and Development Committee Meeting dated
January 17, 2022
Resolution # C-020-22
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development Committee
Minutes of January 17, 2022, be approved on consent, with the exception of items
7.1 and 9.1.
Carried
Item 7.1 - Report PDS -003-22 - Courtice Community Improvement Plan Grant;
1607 Highway 2, Courtice
Resolution # C-021-22
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report PDS -003-22 and any related communication items, be received;
That a funding commitment of up to $1,000,000 in response to the application for a
Development Charge Grant under the Courtice Main Street Community
Improvement Plan submitted by Monde Development Group for 1607 Highway 2 in
Courtice, be approved;
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That any funding committed by Council to Monde Development Group for 1607
Highway 2, Courtice for a DC Grant be conditional upon the completion of the
project in accordance with site plan approval and the fulfilment of the requirements
of the CIP Agreement to the satisfaction of the Municipality;
That $1,000,000 from the General Capital Reserve, allocated for the Courtice CIP,
be committed for this project;
That, if there are insufficient funds in the General Capital reserve, the Treasurer be
authorized to withdraw from another reserve or reserve fund that the Treasurer
deems appropriate;
That any funds withdrawn from an alternate reserve or reserve fund, be repaid on
an annual basis using 50 per cent of the incremental property tax for the property,
with the remaining 50 per cent available for general budgetary use; and
That all interested parties listed in Report PDS -003-22 and any delegations be
advised of Council's decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (5 to 2)
Item 9.1 - Report PDS -001-22 - 5 -year Corporate Electric Vehicle Action Plan
Resolution # C-022-22
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report PDS -001-22 be received for information;
That Council endorse the Electric Vehicle Action Plan (EVAP) to guide the
electrification of the Municipal fleet and the installation of public EV charge stations
on Municipal properties (Attachment 1);
That Municipal staff consult the EVAP to inform annual budget recommendations
related to the electrification of the municipal fleet and the installation of public
electric vehicle (EV) charge stations on municipal properties;
That Council authorize staff to apply for funding opportunities to support the
implementation of the EVAP, where/when identified; and
That all interested parties listed in Report PDS -001-22 and any delegations be
advised of Council's decision.
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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)
9.2.2.1 Memo from Ryan Windle, Director, Planning & Development Services
regarding Courtice Waterfront + Energy Park Secondary Plan — Sequence of
Events
Item 9.2.2.1 was considered as part of Item 12 - Questions to Department
Heads/Request for Staff Reports.
10. Communications
10.1 Steve Clark, Minister, Ministry of Municipal Affairs and Housing, Streamline
Development Approval Fund Announcement and Application
Resolution # C-023-22
Moved by Councillor Neal
Seconded by Councillor Zwart
That the Mayor be authorized to execute the letter regarding the Streamline
Development Approval Fund and that the Mayor and Clerk be authorized to execute
the related Transfer Payment Agreement, when applicable.
Carried
11. Staff Reports and Staff Memos
12. Business Arising from Procedural Notice of Motion
12.1 Farewell Heights Secondary Plan Resolution #C-413-21, previously adopted
by Council on December 13, 2021
Item 12.1, Farewell Heights Secondary Plan Resolution #C-413-21, previously
adopted by Council on December 13, 2021, was considered earlier in the meeting
immediately following the delegation portion of the Agenda.
13. Unfinished Business
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14. Confidential Items
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Council Minutes
14.1 Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor, Regarding the Anaerobic Digestion Facility
Dispute
Resolution # C-024-22
Moved by Councillor Neal
Seconded by Councillor Anderson
That the Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor, Regarding the Anaerobic Digestion Facility Dispute, be
received for information.
Carried
15. By-laws
15.1 2022-003 - Being a By-law to establish a Clarington Municipal Election
Compliance Audit Committee for the 2022-2026 Term
15.2 2022-004 - Being a By-law to appoint Private Parking Enforcement Officers
15.3 2022-005 - Being a by-law to authorize the borrowing of $15,000,000 to meet,
until taxes are collected, the current expenditures of the Municipality for the
year2022
15.4 2022-006 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
15.5 2022-007 - Being a By-law to exempt a certain portion of Registered Plan 40M-
2627 from Part Lot Control
Resolution #C-025-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2022-003 to 2022-007; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion (For Consideration at Subsequent Meeting)
17. Questions to Department Heads / Request for Staff Reports
Councillor Neal requested that Staff be directed to report back to the February 7,
2022, Joint Committees meeting on how to prevent the breakdown in plowing and
whether to terminate the contract; and what we can do to contribute to the solution
throughout the municipality.
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Councillor Neal questioned what is being done to enforce businesses to clear the
snow off the sidewalks in front of commercial properties.
Councillor Hooper enquired when the snow removal will be done in Downtown
Bowmanville as well as the delays in the pickup of garbage and recycling by the
Region.
Councillor Neal asked what can be done to stop the Region of Durham from
dumping the snow onto the sidewalks when they plow and who is responsible for
clearing the transit stops.
18. Confirming By -Law
Resolution # C-026-22
Moved by Councillor Neal
Seconded by Councillor Hooper
That leave be granted to introduce By-law 2022-008, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 24th day of January, 2022; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-027-22
Moved by Councillor Anderson
Seconded by Councillor Neal
That the meeting adjourn at 9:30 pm.
Carried
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